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1. http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 5 of 154 of student thought and ideas The Company creates solutions that enable new modes of curriculum delivery better ways of conducting research and opportunities for professional development of faculty students and staff The Company has designed a range of products and services to help schools maximize their investments in technology This is manifested in many of the Company s products and services that are designed to meet the needs of education customers These products and services include the eMacTM iMac and the iBook video creation and editing solutions wireless networking student information systems high quality curriculum and professional development solutions and one to one 1 1 learning solutions primarily in K 12 1 1 learning solutions typically consist of iBook portable computers for every student and teacher along with a wireless network connected to a central server Creative Professionals Creative professionals constitute one of the Company s most important markets for both hardware and software products This market is also important to many third party developers who provide Macintosh compatible hardware and software solutions Creative customers utilize the Company s products for a variety of creative activities including digital video and film producti
2. 7 UOSSIT e ZI NQUXH UONG 1 Ju O ejdsrp 10100 QUA pod ye T WqIYXY Wo NUJU e sooqo slonuoo 94 3ursn pue p dS 1 smn SIUN LI podi 1QUXH 99 INOS NUSUI 9 1093 oq 10 nuou 3st Ae d 993 NUJU 35918 og nuo 3 negop 94 0 poyu JOU st 3nq opn our ugo uoo1os v dsrp ISI s pogt SUL duos e JOOTOS 10 e d o ONG osneg Atld ou YOO pue NUJU ur W UB 1JOo s 03 UOJNA 199 9S IYI ISN 0j NUJU IY ur SUL U199MI0Q JAOU 03 99qAA NOI 94 BSN 03 POJOOIIP sr JOSN ou POH oY uo nuoui ImeJop q SI NUS ureui ou LI pue SI l 11 8 W LI VAXA 4939198 B ASIP puooes aq ur 103a3Jeoqns e 3 uno s uoo1os e dstp puooes y ut pojuossoud SUSI ut JO3IJLO papas oq o Surguo oq soriogojeoqns ou FurAe dsip Jo v d vipow a qejlod 393 Jo UIS BIASIP 15117 o ul A1039 29 e guroo os pue 9 3qmqxq CT 3IqIqxq p Ye p I HQIqxg dong esneg Ae q epdstp JojoD qua pod ye T 1QUXA WY nu u L ISOOYO STONU IY Surs pue y dog ye MISJON SIUN LI poqr 11910 X 93JInog nusu aq YsnoIy possoooe Anuonbosqns oq ued qorqA 5sr Ae d o8 ogj uo 94 01 s3uos JO dno13 10 Suos e ppe 0 souse 11 nun uonnq 329 9S ou ploy pue ssaid o po12oirp oie sios s3uos jo dno18 10 Suos pojoo es e Avid o uonnq osneq Ae q ou JO o p 1oorp ore siosn II3e LT uqg pue z 3 y 3Iqmqxq MUSA MISMA eq L pue NUIA WIEN IL NUIA eq UO SYM 7 UO
3. 991 G3uN39 SJS Buos c IS CIA 1SH BId e q y9l SISITAVIA ooy BIPEYD ued ra SISLLYV e6p3 eu wo s6uos ipeiueq qyeuueyw eu ul Ino JO Uy V p snjuoo weyse o 091 SANaW CL 000011 928 433 B2 Sheet 10 of 12 US 6 Aug 9 2005 U S Patent CL Old 13219 40 1930 8 u9a19s ou uo sieadde N3A0H1338 40 15385 ungje ou yojeu jseJeeu s ayy oj dunf o 109 SS81d jp pe ejdsip si UOJELI j56Jeau et ui Wngv eu 3514 SNNAIV 94 uy pasedwoo SIE SJ9Y9 OU paJejue SI 199 YRS Sy 3LON HOVE 40 1839 5959003806005999900P5 o gg SDNIN Sfild YIGNINIA OLLHIIN V ssus000400090085090 99050 0 9 V _e Aq pajeoipui uonisod Aqua 1343 ay SAOW 0 SUOANQ NMOC dN TIOYOS IR ssaid uauj pue Jaye er eDueuo 0 SANIN SNIA SSAd E Yo HIYWV3S_ N3dO LSIMAV 1d SSIALS v 49908 SWNATV 303 HOYVIS 9u SS3098 0 HOYNVIS SSeJd SNng1V Pajas 0 SUOANA NMOQ AN TIOYIS ss id CL 000012 US 6 928 433 B2 Sheet 11 of 12 Aug 9 2005 U S Patent CL Old 202 OW3a XO83NNF ONI ZAX Owaa XO83ANF 200 1301 NOVAL AVId UBBIDS LSN ANAND 3ALLOV Su 0 uni 0 YOW_ Sseig Z SITHVY3 T9 3SdVTIO9 SWW130 JVd NIGYHVO NOSTAN 3913 WV Did VEL VON a SW 9 MEE UE 1srranano 3ALOV U88498 ISI 313010 TALLIY 89 WOY pesseooe STYLO Dual voz gy abed uo spoy ejd fumes ess
4. Music jukeboxes implemented in software executed by a digital computer and portable MP3 and CD players both provide facilities for forming playlists For example the OOZIC player distributed by the assignee of the present application runs on a host PC and has a playlist feature that allows selection of tracks from the PC s hard disk to be included in the playlist As storage capacity increases and songs are compressed to shorter file lengths the number of songs that can be stored increases rapidly Major problems facing the consumer are organizing and accessing the tracks Typically portable devices have a user interface including a small screen and buttons Such a display screen might be e g 1 x2 This small display size is necessary because of the physical size of the device which is typically carried in the hand The small size also limits the number size shape and types of user input controls that can be mounted on the device For example a few pushbuttons are usually provided to perform all of the device s control functions Using such a compact user interface to navigate and select among hundreds of songs is inefficient and often frustrating The display screen can only show a few song titles at one time and the limited controls make it difficult for a user to arbitrarily select or move among the songs The creation of playlists is one technique to organize the playing of songs A set of songs can be included in a playlist
5. By Authority of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office M K CARTER Certifying Officer CL 000001 US006928433B2 k J Y e p nt sss Micia i Q s C K a ik AP E mM O chet coe at ER ciim E a United States Patent 10 Patent No US 6 928 433 B2 Goodman et al 45 Date of Patent Aug 9 2005 1 54 AUTOMATIC HIERARCHICAL 6 248 946 B1 6 2001 Dwek i 84 609 CATEGORIZATION OF MUSIC BY 6 377 530 B1 4 2002 Burrows 1 METADATA 2003 0016940 A1 1 2003 Robbins 386 46 i OTHER PUBLICATIONS 4 75 Inventors Ron Goodman Santa Cruz CA US dl Howard N Egan Capitola CA US Web page Menta Richard 1200 Song MP3 Portable is a Milestone Player MP3 newswire net Jan 11 2000 5 73 Assignee Creative Technology LTD Singapore pages http pjbox com newswire SG Web page on MusicMatch Jukebox 4 0 Screen Shot 1 PC Magazine Jun 17 1999 2 pages http web archive org Notice Subject to any disclaimer the term of this web20000226113655 www zdnet com products stories re patent is extended or adjusted under 35 views 0 4161 2277814 00 html T uei A Fin t n aa PERI AR e A CAESAR U S C 154 b by 323 days Web page Norton Patrick MusicMatch Jukebox 4 1 the Ultimate MP3 Utility techtv Sep 17 1999 2 pages 21 Appl No 09 755 723 http www techtv com freshgear print 0 23102
6. For best results the first time you use iPod nano let it charge for about three hours or until the battery icon shows that the battery is fully charged Step 4 Play Music When you finish downloading songs and you re ready to disconnect iPod nano click the Eject amp button next to iPod nano in the iTunes Source list Then squeeze both sides of the connector at the end of the cable and unplug it To browse for and play a song Move your thumb lightly around the Click Wheel to select a menu item To choose an item press the Center button To go back to the previous menu press Menu on the Click Wheel When you find the song you want press Play and enjoy TY COSI Music Photos Extras Playlists Settings Artists Shuffle Songs Albums Girlfriend in Sanama y Meinicke I My Voices Like You Original Spin You re a Pili Using the Controls Hold switches SP Center button Next Fast forward Menu button T button Previous Rewind Play Pause button button P d Serial number Click Wheel on back Dock connector port Headphones port 034 3580 A Printed in China To Reset iPod nano if your iPod nano isn t responding Turn on iPod nano Turn off iPod nano Turn on the backlight Disable the iPod nano buttons in case you press them accidentally Choose a menu item Go back to the previous menu Go back to the main menu Browse for a song Play a so
7. 6 928 433 entitled Automatic Hierarchical Categorization of Music by Metadata issued on August 9 2005 The 433 Patent expires on November 24 2021 and is based on United States patent application No 09 755 723 filed on January 5 2001 22 The 433 Patent has one 1 independent claim and fifteen 15 dependent claims 6 2 Non Technical Description of 433 Patent 23 The Asserted Patent claims various methods for accessing different types of data such as music or video files on devices such as a portable digital media player 24 To permit ease of use the claimed methods utilize data about each music file referred to as metadata Metadata can include information about the artist album song name genre etc associated with each track A hierarchical categorization is created that has at least three levels category subcategory and item The songs are populated throughout the branches of the hierarchy using the tracks associated metadata such that an individual song can be reached through different routes Access is provided through a user friendly interface that has three screens which are displayed sequentially 25 By utilizing the metadata and combining a set of display screens the claimed methods allow a user to navigate to individual songs and to play or add songs or groups of songs to playlists Likewise if the user desires to play a particular song or list of songs the hierarchical categorizations can be us
8. Meddle has been selected Note that the types of Metadata in tbis example Track Name Artist Album Tempo and Dance are listed across the top of the screen and the attribute values for each track are listed in a row across the screen Various control buttons are displayed to the right of configuration window that facilitate quickly invoking selected processing on a selected track As noted above a preferred embodiment of the present invention is incorporated into a product manufactured and distributed by Creative Technology Ltd The product is called the NOMAD Jukebox The following description describes further details of the display screens and interface controls FIG 9 illustrates the NOMAD Jukebox and its user interface controls In FIG 9 electronic audio device 100 measures about 5 5 wide by 5 5 tall by 1 thick Display screen 102 is about 2 wide by 1 tall Display screen 102 includes different regions such as main region 104 and soft button function description region 106 Three soft buttons are located at 108 including buttons 110 112 and 114 The specific command or function that any of the soft buttons perform when depressed is indicated by the label in soft button function description region 106 Thus the function of soft button 112 as shown in FIG 9 is open the function of soft button 114 is search while soft button 110 is currently not assigned a function The other eight buttons on dev
9. is in the U S Lease terms for retail space range from 5 to 20 years the majority of which are for 10 years and often contain multi year renewal options The Company owns a 352 000 square foot manufacturing facility in Cork Ireland that also houses a customer support call center The Company also owns a 752 000 square foot facility in Sacramento California that houses warehousing and distribution operations as well as a customer support call center In addition the Company owns approximately 942 000 square feet of facilities located in Cupertino California used for research and development and corporate functions Outside the U S the Company owns additional facilities totaling approximately 169 000 square feet The Company believes its existing facilities and equipment are well maintained and in good operating condition The Company has invested in internal capacity and strategic relationships with outside manufacturing vendors and therefore believes it has adequate manufacturing capacity for the foreseeable future The Company continues to make investments in capital equipment as needed to meet anticipated demand for its products 16 http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 EXHIBIT 4 pue GI 3Iqnjxq pue p Z 132 y 3Iqnqxq POg INOA 03 SISNU 94 si Jsuen EOMBUIOME soun LI CI UQUXxq DUNN ISNIN Y L pue NUIW WIEN Su L nu l t uo
10. s 93 1M08 sosriduioo NOLI ouo ISBO ye SUISSIDIB IY UIDIOUM nuoui eq ynom possoooe Apuonbosqns oq ugo qorqa skerd I Wired ur pojroo1 se Yorn o3 u1 uo ot 0 SUOS ppe oj s qse Y nun uojnq 399 9S eq ploy pue ssaid o pojooirp ae si sn e Sunool s Jo popu au gip rie cri OOO EXHIBIT 5 IPod iPod iTunes Quick Start Welcome Congratulations on purchasing your new iPod iPod Dock Adapter for use with iPod accessories such as the iPod Universal Dock Apple Earphones available separately Your iPod also includes a case not pictured Getting Started To use iPod you put music videos p dcasts photos and other files on your computer and then transfer them to iPod Read on to get started playing music and watching videos in four easy steps For more information about what you can do with iPod see the iPod Features Guide available on the web at www apple com support manuals ipod or where available on the iPod CD and in iPod Help in iTunes choose Help gt iPod Help Step 1 Install the Software Put the iPod CD in your computer and install the iTunes and iPod software If you already have iTunes and iPod software on your computer it s best to nstall the latest software from the CD included with iPod or from the web at www apple com ipod Step 2 Put Music and Videos on Your Computer Do this step if you don t already have music in iTunes on your compute
11. songs to be played By using the invention very large numbers of songs can be easily accessed and played One aspect of the invention includes an overlapping hierarchy of categories Categories include items that can also be included in other categories so that the categories overlap with each other Thus a song title can be accessed in multiple different ways by starting with different catego ries For example a preferred embodiment of the invention uses the top level categories Albums Artists Genres or styles and Play Lists Within the Albums category are names of different albums of songs stored in the device Witbin each album are the album tracks or songs associated with that album Similarly the Artists category includes names of artists which are in turn associated with their albums and songs The Genre category includes types of categories of music such as Rock Hip Hop Rap Easy Listening etc Within these sub categories are found associated songs Finally the Play Lists category includes collections of albums and or songs which are typically defined by the user Advantageous use is made of the overlapping hierarchy to allow the user to quickly designate a song for playback The device uses three soft pushbuttons that have assignable functions The interface maintains consistent button func tionality whenever possible and uses uniform command names and ope
12. which is given a name and stored When the playlist is accessed the set of songs can be played utilizing various formats such as sequential play or shuffle However the creation of playlists itself becomes prob lematic as the number of songs increases since the user often arbitrarily selects songs from a large number of tracks to form a playlist This selection mechanism can be fairly tedious does not necessarily produce playlists that are of interest to the user over the course of time may not remain ha e 1 n 20 35 40 5 un 60 up to date if new songs are added that logically fit into a previously created playlist e g Favorites by Band X might become out of date if a new favorite by Band X is added after the playlist was created and leads to lost songs that are not members of any playlist Accordingiy improved techniques for organizing and grouping tracks useful in a portable music player are needed 65 2 Further it is desirable to provide a user interface suitable for a small device The user interface should allow a user to efficiently navigate among and select from many items stored in the device SUMMARY OF THE INVENTION The present invention provides an efficient user interface for a small portable music player The invention is suitable for use with a limited display area and small number of controls to allow a user to efficiently and intuitively navigate among and select
13. 2324631 00 html i 22 Filed Jan 5 2001 Web page on Can you carry your CD collection in your U 65 Prior Publication Data pocket Yes you can Compaq web site 3 pages http research compaq com SRC pjb Printed on Apr 30 2004 US 2002 0147728 A1 Oct 10 2002 I 51 Int CI Gocki7 30 00 by examiner O pec E NOR s di Bini 52 US Ch a 707 4 707 3 74 A ftorney Agent or Firm Russell N Swerdon S8 Field of Search conoci 84 609 601 602 Creative Technology LTD i 84 611 614 707 104 1 3 4 102 386 46 57 ABSTRACT 4 3 56 References Cited A method performed by software executing on the proces sor of a portable music playback device that automatically i U S PATENT DOCUMENTS files tracks according to hierarchical structure of categories 5 616 876 A 4 1997 Chus ine 84609 tO Organize tracks in a logical order A user interface is 5 670 730 A 9 1997 Grewe etal 84 609 Utilized to change the hierarchy view track names and 5 918 303 A 6 1999 Yamaura et al 84 609 select tracks for playback or other operations 5 969 283 A 10 1999 Looney et al 84 609 6 062 868 A 5 2000 Toriumi 434 307 A 16 Claims 12 Drawing Sheets ec m bt j Oasis Play My Configuaration Playlists P 3 Meddle Pink Floyd One of these days Pink Floyd Meddle i Pink Floyd Meddle Pink Floyd Meddle Pink Floyd Meddle i C
14. A um X Assignment C Security Agreement esubmission Non Record Document ID A aren J License C Change of Name I Merger Dom gt U S Government For Use ONLY by U S Government Agencies C Departmental File J Secret File L Mark If additional names of conveying parties attached Execution Date Month Da Year Name line 1 GOODMAN RON Execution Date Second Party Month Day Year Receiving Party O Mark if additional names of receiving parties attached Name line 1 CREATIVE TECHNOLOGY LTD 7 it document to be recorded is an assignment and the ame line 2 a corporation of the Republic of Singapore e ie S NU Correction of PTO Error Reel Frame _ Corrective Document O Rest __ Frame Conveying Party les an Apa of a domestic Address ine 1 representavo Is aiacha line 1 31 International Business Park aos aa bee separate document from Address line 2 Creative Resource Assignment Address line 3 Republic of Singapore 609921 Ci Zip Code State Count Domestic Representative Name and Address Enter for the first Receiving Party only Ml ua __ ct EGLI CLOU RI II Address ine I SESAU EN K O O Address e aH dd a 1 Public burden reporting for this collection of information Is estimated to average approximately 30 minutes per Cover Sheet to be recorded including time for reviewing pla and gatheri
15. Assignment Merger E Security Agreement Change of Name _ Government Interest Assignment C Executive Order 9424 Confirmatory License Other sa __ Creative Resource City State Country Singapore Zip 609921 Additional name s address es attached L_ Yes No 4 Application or patent number s This document is being filed together with a new application A Patent Application No s B Patent No s 09 755 723 Additional numbers attached ves v No 6 Total number of applications and patents involved 1 7 Total fee 37 CFR 1 21 h amp 3 41 40 00 L Authorized to be charged by credit card C Authorized to be charged to deposit account Enciosed None required government interest not affecting title 5 Name and address to whom correspondence concerning document should be mailed Name Creative Labs Inc Internal Address Corporate Legal Department Attn Russell N Swerdon Street Address 1901 McCarthy Boulevard 8 Payment Information a Credit Card Last 4 Numbers Expiration Date af n p Y oye City _ Milpitas State _CA Zip 95035 Phone Number _ 408 546 6417 Fax Number __ 408 428 6699 Email Address russ swerdongerd tiystabs com b Deposit Account Number Authorized User Name us 9 Signature 2 ZZ DIE July 12 2004 2 Pica EN Date Russell N Swe
16. January 5 2001 and in and to said application and all divisional applications continuation applications continued prosecution applications continuation in part applications substitute applications renewal applications reissue applications reexaminations extensions and all other patent applications that have been or shall be filed in the United States and all foreign countries on any of said improvements and in and to all original patents reissued patents reexamination certificates and extensions that have been or shall be ssued in the United States and all foreign countries on said improvements and in and to all rights of priority resulting from the filing of said United States application agree that said Assignee may apply for and receive a patent or patents for said improvements in its own name and that when requested without charge to but at the expense of said Assignee its successors assigns and legal representatives to carry out in good faith the intent and purpose of this Assignment the undersigned will execute ail divisional applications continuation applications continued prosecution applications continuation in part applications substitute applications renewal applications reissue applications reexaminations extensions and all other patent applications on any and all said improvements execute all rightful oaths assignments powers of attomey and other papers communicate to said Assignee its successors a
17. The following is an example of a tree definition file similar though not identical to the hierarchy presented in the Nomad Jukebox product the B before each FileTag was used to identify that these are basic tags so that we wouldn t run out of letters in the alphabet as we included more complex metadata thus each group of two letters represents a level in the hierarchy V1 0 Atbum 0x01 BLBN Artist 0x01 BMBN Genre 0x01 BGBN Voice Tracks 0x02 BSBGBN Playlists9x10 BN Macros 0x08 BN All Tracks 0x07 BN FIG 1 depicts a hypothetical organization hierarchy The tree shows how tracks might be listed as leaves in the tree after having been organized Example values for nodes in the tree are shown as well The same track may appear more than once as a leaf in the tree as described above if it fits into multiple categories e g a song that appears on the Abbey Road branch would also appear in the Beatles branch In the example shown the first branch contains tracks organized by album As shown in the example this music collection contains three tracks from Abbey Road and three tracks from Hits from the 60 s The second branch contains tracks organized by artist and sub organized by where the artist is from Thus a user browsing would first select the Artists branch and then choose between British Artists and American Artists Finally they would select the particular artist In the third bran
18. and television shows through its iTunes Music Store iPod The iPod is the Company s portable digital music player featuring the Company s patent pending Click Wheel which combines a touch sensitive wheel with five push buttons for one handed navigation In October 2005 the Company introduced the new iPod containing a 2 5 inch color screen that can display album artwork and photos and play video including music videos video podcasts home movies short films and television shows The iPod lineup includes a 30GB model holding up to 7 500 songs 25 000 photos or http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 8 of 154 75 hours of video and a 60GB model holding up to 15 000 songs 25 000 photos or 150 hours of video The iPod features the Company s patent pending Auto Sync technology that automatically downloads digital music podcasts photos audio books home movies music videos short films and television shows onto the iPod and keeps it up to date whenever it is plugged into a Macintosh or Windows computer using USB The iPod also features Shuffle Songs which randomly plays songs in a selected playlist or across the entire library All iPods work with the Company s iTunes digital music management software on either a Macintosh or Windows computer The iPod s functionality extends beyond playing music listening to audio books
19. and watching music videos short films home movies and television shows Other key capabilities include data storage calendar and contact information utility and a selection of games With the addition of third party iPod peripherals the capabilities of certain iPods can be enhanced to include photo downloading directly from certain digital cameras The Company has also entered into alliances with many automobile manufacturers to offer seamless integration of the iPod in certain automobiles Along with the iPod the Company has developed the iTunes software and the iTunes Music Store a service that consumers may use to purchase third party music audio books music videos short films and television shows over the Internet iPod nano In September 2005 the Company introduced iPod nano a flash memory based digital music player The iPod nano is available in either a 2GB model holding up to 500 songs or 25 000 photos or a 4GB model holding up to 1 000 songs or 25 000 photos The iPod nano which weighs as little as 1 5 ounces and is 27 inches thin features a color screen and the Company s patent pending Click Wheel iPod shuffle In January 2005 the Company introduced iPod shuffle a flash memory based digital music player which is based on iPod s shuffle feature that randomly selects songs from the user s music library or playlists iPod shuffle works with iTunes and its patent pending AutoFill feature that automatically selects songs to
20. choose Help iPod Help Step 1 Install the Software Put the iPod CD in your computer and install the iTunes and iPod software If you already have Tunes and iPod software on your computer it s best to install the latest software from the CD included with iPod nano or from the web at www apple com ipodnano Step 2 Put Music on Your Computer Do this step if you don t already have music in Tunes on your computer To import music from your CDs into Tunes 1 Put a CD in your computer iTunes opens Deselect any songs you don t want and then click Import To buy music from the iTunes Music Store available only in some countries Open iTunes and click Music Store Click the Account button and follow the onscreen instructions to set up an account or enter your Apple account or AOL account information you can use your AOL account information only in some countries Step 3 Download Music and Charge the Battery Connect iPod nano to a USB port on your computer using the included cable Note USB 2 0 is recommended The port on your keyboard will not provide enough power do not use it to connect your iPod nano To download music to iPod nano When you connect iPod nano Tunes opens Follow the simple onscreen instructions to download songs to iPod nano You can download songs to iPod nano while your battery is charging To charge the battery When iPod nano is connected to your computer the battery charges
21. claims Exemplary claim chart comparing claim 5 to Creative s Zen Vision MQ portable MP3 player http www apple com support ipod101 anatomy 1 http www apple com support ipod101 anatomy 2 http www apple com support ipod tutorial ip_gettingstarted t1 html http download info apple com Apple Support Area Manuals hardware 0342141iPodUserGuideMac PDF http www apple com support ipod tutorial ip_gettingstarted_t4 html http www apple com support ipod tutorial ip_gettingstarted_t5 html Exhibit 17 Public App A Public App B Public App C Public Physical App D Public Physical App E Public Physical WDC99 1231692 1 065985 0014 http manuals info apple com en iPod User Guide color disp lay pdf APPENDICES AND PHYSICAL SAMPLES Certified Copy of the prosecution history for U S Patent No 6 928 433 Four copies of each reference mentioned in the 433 patent Creative s Zen Vision MO portable MP3 player in box with packaging Apple iPod in box with packaging Apple iPod Nano in box with packaging EXHIBIT Mn U 796650 Pur A RSS SI A AAA AAA RESENITS SHALL e UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office January 25 2006 THIS IS TO CERTIFY THAT ANNEXED HERETO IS A TRUE COPY FROM THE RECORDS OF THIS OFFICE OF U S PATENT 6 928 433 ISSUE DATE August 09 2005 As Ar MN
22. conversion reissue prolongation or extension thereof Assignors further agree that they will without charge to Assignee but at Assignee s expense cooperate with Assignee in the prosecution of said application and or applications execute verify acknowledge and deliver all such further papers including applications for Letters Patent and for the reissue thereof and instruments of assignment and transfer thereof and will perform such other acts as Assignee lawfully may request to obtain or maintain Letters Patent for said invention and improvement and to vest title thereto in Assignee or Assignee s successors and assigns Assignors hereby authorize and request Townsend and Townsend and Crew LLP Two Embarcadero Center 8 Floor San Francisco CA 94111 3834 to insert herein above the application number and filing date of said application when known IN TESTIMONY WHEREOF Assignors have signed their names on the dates indicated PATENT o REEL 011788 FRAME 0176 CL 000025 Assignment Attorney Docket No 17002 022500US Page 2 i f 7 Dated ZZ 2001 M For RON GOODMAN STATE OF CALIFORNIA COUNTY OF E On HArch 2 before me i IC personally appeared personally known to me ri to be the person whose name is subscribed to the within instrument and acknowledged to me that he she executed the same in his her authorized capacity and that by his her signature on the instrument t
23. e A Da Fa y Dated z f Zoo 4 A 2 5 200 d a Mc 4 2 4 27291 x Non P PB 3DV4 OLY SALLVANMO eszteee Tee PATERNA vooz sz vo RECORDED 05 18 2001 REEL 011831 FRAME 0891 CL 000033 CL 000034 a 1 Ei E n un Pz CE PR t T NE nn nr ine 1 a a s S n yo 2 ry AX i ptm DEM e A lI ii s IO GIAN I TIT poles lrn Aa ittm THE TO ALI TO WHOM THESE PRESENTS SHAME COME UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office January 27 2006 THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE RECORDS OF THIS OFFICE OF A DOCUMENT RECORDED ON July 15 2004 By Authority of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Certifying Officer ay Spay 02 01 05 12 27 FAX 408 428 6699 CLI 2001 A 07 19 2004 11 5 sd Cui TT uz 102793378 9 rs 9 td V SV e ie To the Director of the U S Patent and Trademark Office Please record the attached documents or the new address es below 1 Name of conveying party les Executlon Date s 2 Name and address of recelving party les David Bristow Name Creative Technology Limited internal Address Execution Dat July 7 2004 A Date s Street Address 31 Intemational Business Park Additional name s of conveying party ies attached ves v No 3 Nature of conveyance
24. from HDV and standard DV camcorders and from video cameras that generate MPEG 4 video http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 12 of 154 iDVD is a consumer oriented software application that enables users to turn iMovie files QuickTime files and digital pictures into DVDs that can be played on most consumer DVD players iDVD 5 includes 15 new themes featuring moving drop zones that can display video clips or photos in motion across DVD menus iDVD 5 also features OneStep DVD which automatically creates a DVD from footage directly from a user s camcorder With a compatible SuperDrive iDVD 5 supports all recordable single layer and double layer DVD format standards GarageBand is a consumer oriented music creation software application GarageBand 2 adds 8 track recording so that users can record multiple digital audio tracks at once GarageBand 2 can improve out of tune notes and timing in both vocal and real instrument recordings GarageBand 2 displays and edits musical notation in real time for software instrument tracks for people who know how to read and write music or want to learn With GarageBand Jam Packs including the latest Jam Pack 4 Symphony Orchestra GarageBand users can create music in their favorite genres iLife 05 also includes iTunes the Company s digital music jukebox software application that all
25. law or the establishment of new law 4 The allegations and other factual contentions have evidentiary support or are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery and di The foregoing Complaint is not being filed for an improper purpose such as to harass or to cause unnecessary delay or needless increase in the cost of litigation Executed this 1IP day of May 2006 f Craig McHugh President WDC99 1231665 1 065985 0014 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Public Public Public Public Public Public Public Confidential Public Public Public Public Public Public Public Public TABLE OF EXHIBITS Certified copy of United States Patent No 6 928 433 Certified copy of the recorded assignments for the 433 patent Reel 011788 Frame 0174 assignment of Ron Goodman and Howard Egan Reel 015640 Frame 0748 assignment of David Bristow Selected Pages From Apple Computer Inc s 2005 Form 10 K Representative claim chart comparing claim 5 to Apple s iPod iPod User s Manual iPod Nano User s Manual Photographs of iPod and iPod Nano packaging Itemized investments by Creative in the United States Creative products that practice one or more of the asserted
26. personal computer with a starting price of 499 and weighing as little as 2 9 pounds In July 2005 the Company updated its Mac mini lineup expanding to three models and increasing memory to 512MB The first model includes a 1 25GHz PowerPC G4 processor a 40GB hard drive and a Combo drive The second model includes a 1 42GHz PowerPC G4 processor an 80GB hard drive and a Combo drive The third model includes a 1 42GHz PowerPC G4 processor an 80GB hard drive and a SuperDrive All models include ATI Radeon 9200 graphics with 32MB of dedicated DDR memory built in Ethernet 10 100 BASE T one FireWire 400 and two USB 2 0 ports and a DVI interface that also supports VGA so consumers can connect to LCD or CRT displays The 1 42GHz models of the Mac mini also include built in AirPort Extreme for 54 Mbps 802 11g wireless networking along with an internal Bluetooth module PowerBook The PowerBook family of portable computers is designed to meet the mobile computing needs of professionals and advanced consumer users In October 2005 the Company updated its PowerBook G4 notebooks with extended battery life as well as higher resolution displays including 1440 by 960 pixels in the 15 inch model and 1680 by 1050 pixels in the 17 inch model Both the 15 inch and 17 inch PowerBook G4 offer a 1 67GHz PowerPC G4 processor and the ATI Mobility Radeon 9700 graphics processor The 12 inch PowerBook G4 features a 1 5GHz PowerPC processor and the NVIDIA GeForce FX Go
27. receiving parties attached Name I ame line 1 Creative Technology Ltd Uliano ba icona is an assignment end the Name line 2 a corporation of the Republic of Singapore receiving party is not domiciled in the United States an appointment of a domestic Address line 1 31 International Business Park representative is attached Designation must be a separate document from Address line 3 Republic of Singapore 609921 i State Count Zip Code Domestic Representative Name and Address Enter for the first Receiving Party only Name Address line 1 Address line 2 Address line 3 Address line 4 FOR OFFICE USE ONLY Mail documents te be recorded with required cover sheet s Information to Commissioner of Patents and Trademarks Box Assignments Washington D C 20231 ne PATENT REEL 011831 FRAME 0887 CL 000029 i U S Department of Commerce FORM PTO 1619B Patent and Trademark Office Bxpires 06 30 99 gt PATENT OMB 0651 0027 Correspondent Name and A hone Number 415 576 0200 Charles E Krueger Address line 1 Townsend and Townsend andCrewLLP 1 1 o Address line 2 Two Embarcadero Center o o a a O Address line 3 Address line 4 San Francisco CA 94447 o a Pages Enter the total number of pages of the attached conveyance document 4 ac including any attachments Application Number s or Patent Number s Mark if ad
28. revenue or financial performance 15 http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 18 of 154 Environmental Laws Compliance with federal state local and foreign laws enacted for the protection of the environment has to date had no material effect on the Company s capital expenditures earnings or competitive position In the future these laws could have a material adverse effect on the Company Production and marketing of products in certain states and countries may subject the Company to environmental and other regulations including in some instances the requirement that the Company provide consumers with the ability to return to the Company product at the end of its useful life and place responsibility for environmentally safe disposal or recycling with the Company Such laws and regulations have recently been passed in several jurisdictions in which the Company operates including various European Union member states Japan and California In the future these laws could have a material adverse effect on the Company Employees As of September 24 2005 the Company had approximately 14 800 full time equivalent employees and an additional 2 020 temporary employees and contractors Available Information The Company s Annual Report on Form 10 K Quarterly Reports on Form 10 Q Current Reports on Form 8 K and amendments to repo
29. selected category on the display accepting signals from a user input control to select a displayed song and entering selected songs into a playlist queue wherein the device plays back songs in the playlist queue According to one aspect of the present invention a technique is provided for organizing tracks on a portable music player by automatically filing tracks in a hierarchical order based on attributes of the tracks CL 000015 ri M y a 7 ULL US 6 928 433 B2 3 According to another aspect of the invention metadata is associated with each track that is used to automatically define the track s appropriate place in the hierarchy According to another aspect of the invention the hierar chy is displayed on the portable music player so that a user can traverse the organizational hierarchy to find individual tracks or find playlists composed of logical groups of tracks According to another aspect of the invention the hierar chy is derived by using metadata associated with the audio content that was obtained through any source of metadata e g CDDB metadata id3v2 metadata other obtainable metadata and subsequently stored with or alongside the file that stores the track According to another aspect of the invention a file is formatted so that an unaltered track is stored as file data and information about the track is stored in file attribute files Other features and advantages of the invention will be a
30. stores in the United States that offer for sale or sell infringing portable digital media players In addition on information and belief Apple resellers offer for sale sell for importation or sell after importation infringing portable digital media players Exhibit 3 5 18 The Accused products include at least the iPod MA002LL A 30GB white MA146LL A 30GB black MA003LL A 60GB white and MA147LL A 60GB black the iPod Nano MA350LL A 1GB white MA352LL A 1GB black MA004LL A 2GB white MAO99LL A 2GB black MA005LL A 4GB white and MA107LL A 4GB black as well as other portable digital media players sold by or under license from Apple See www apple com itunes V THE PATENT IN SUIT AND NON TECHNICAL DESCRIPTION OF THE INVENTION A Overview and Ownership of the Asserted Patent 19 Creative Technology Ltd owns by assignment the entire right title and interest _ in and to the Asserted Patent Exhibit 2 20 Pursuant to Commission Rule 210 12 c this Complaint includes a certified copy and three copies thereof of the prosecution histories of the Asserted Patent See Appendix A for the prosecution history of the 433 Patent Pursuant to Commission Rule 210 12 c this Complaint includes four copies of each reference mentioned in the Asserted Patent and or its prosecution history Appendix B B The 433 Patent 1 Identification of the 433 Patent and Asserted Claims Di United States Letters Patent No
31. that a high quality buying experience with knowledgeable salespersons who can convey the value of the Company s products and services is critical to attracting and retaining customers The Company sells many of its products and resells certain third party products in most of its major markets directly to consumers education customers and businesses through its retail and online stores in the U S and internationally The Company has also invested in programs to enhance reseller sales including the Apple Sales Consultant Program which consists of the deployment of Apple employees and contractors to selected third party reseller locations The Company believes providing direct contact with its targeted customers is an efficient way to demonstrate the advantages of its Macintosh computer and other products over those of its competitors The Company has significantly increased the points of distribution for the iPod product family in order to make its products available at locations where its customers shop From inception of the retail initiative in 2001 through 2005 the Company had opened 116 retail stores in the U S and 8 international stores in Canada Japan and the U K The Company opened 2 additional stores in October 2005 The Company has typically located its stores at high traffic locations in quality shopping malls and urban shopping districts One of the goals of the retail initiative is to bring new customers to the Company and expand its ins
32. tracks on their player in some organized fashion other than as a single list of tracks As will be described in more detail below in one embodiment tracks are sorted utilizing a tree structure having branches labeled according to types of metadata associated with the tracks For example a track recorded as Golden Slumbers by the Beatles that appears on their album Hey Jude might appear as a track under the album Abbey Road as well as a track under the list of tracks by the Beatles It might appear as a track under the genre Pop Rock as well as Songs 5 20 25 35 45 50 55 65 4 from the 60 s Furthermore the organization can have more complex hierarchies For example the category of Pop Rock might contain subcategories British Musicians American Musicians and Other Musicians In all cases the track is automatically filed into all appropriate locations without requiring user interaction In the currently defined embodiment a tree structure is defined by a file having the following structure The first line of a TreeDef inf file contains a version number v1 0 Each subsequent line at least in v1 0 contains lines of the following format CATEGORY _NAME TRACK_TYPE MASKICATEGORY_ STRUCTURE CATEGORY NAMEs are the top level names of the branch under which tracks are sorted They include things like Album Artist Voice Tracks All Tracks etc TRACK_TYPE__MA
33. 00US ASSIGNMENT OF PATENT APPLICATION JOINT WHEREAS ANDREI VELTCHEV of 1839 Alice Street Santa Cruz CA 95062 GIRAULT JONES of 185 Lake Drive Boulder Creek CA 95006 HOWARD N EGAN of 219 Blinor Strect Capitola CA 95010 and DANIEL FREEMAN of 224 Caledonia Suwet Santa Cruz CA 95062 hereinafter referred to as Assigoors are the Inventors of the invention described and set forth in the below identified application for Unired States Letters Patent Title of Invention SYSTEM FOR MANAGING POWER IN A PORTABLE MUSIC PLAYER Data s of execution of Declaration Filing Date January 5 2001 Application No 09 755 367 and WHEREAS CREATIVE TECHNOLOGY LTD a corporation of the Republic of Singapore located at 31 International Business Park Creative Resource Singapore Republic af Singapore 609921 hereinafter referred to as ASSIGNEE is desirous of acquiring an interest tn the invention and application and in any U S Letters Patent and Registrations which may be granted on the same For good and valuable consideration receipt of which is hereby acknowledged by Aasignors Assignors have assigned and by these presents do assign to Assignee all right title and interest in and to the invention and application and to all foreign counterparts including patent utility model and industrial designs and in and to any Letters Patent and Registrations which may hereafter be granted on the same in the United States and afl countr
34. 3 4 5 7 11 12 13 15 and 16 of United States Letters Patent No 6 928 433 the 433 Patent or Asserted Patent 2 The proposed Respondent is Apple Computer Inc Apple Upon information and belief Apple manufactures sells for importation imports and or sells after importation portable digital media players configured for use in ways that infringe the claimed methods 3 A certified copy of the Asserted Patent is attached as Exhibit 1 4 Creative Technology Ltd owns all right title and interest in the Asserted Patent A certified copy of the recorded assignments for the Asserted Patent is attached as Exhibit 2 5 An industry as required by 19 U S C 1337 a 2 and 3 exists in the United States relating to the technology protected by the Asserted Patent 6 Creative seeks as relief a permanent exclusion order barring from entry into the United States infringing portable digital media players components thereof and products containing same Creative also seeks as relief a cease and desist order prohibiting importation sale after importation marketing advertising demonstrating warehousing inventory for distribution offering for sale selling distributing licensing or use of infringing portable digital media players II COMPLAINANTS 7 Creative Technology Ltd is a public company organized under the laws of Singapore with its principal place of business located at 31 International Business Par
35. 5200 graphics processor Every PowerBook G4 notebook comes with a SuperDrive 512MB of DDR memory built in AirPort Extreme wireless networking an internal Bluetooth module for wireless connectivity as well as a full complement of I O ports including FireWire 400 USB 2 0 and a built in 56K V 92 modem and Ethernet 10 100BASE T for connectivity to a wide range of peripherals The 15 inch and 17 inch PowerBook G4 models also include built in Gigabit Ethernet and FireWire 800 iBook The iBook is designed to meet the portable computing needs of education and consumer users In July 2005 the Company upgraded its iBook G4 line to include faster PowerPC G4 processors running up to 1 42GHz built in AirPort Extreme 54 Mpbs 802 11g wireless networking and an available slot load SuperDrive The 12 inch model features a 1 33GHz PowerPC G4 processor and a slot load Combo drive while the 14 inch model includes a 1 42GHz G4 processor and a SuperDrive All iBook G4 models offer a full complement of I O ports including FireWire 400 USB 2 0 a built in 56K V 92 modem and Ethernet 10 100BASE T as well as a built in internal wireless Bluetooth module for connectivity to a wide range of peripherals Music Products and Services The Company offers its iPod line of digital music players and related accessories to Macintosh and Windows users The Company also provides an online service to distribute third party music audio books music videos short films
36. 9 Ippew p oj4 YU aippeyy X p o 4 yud Sheet 6 of 12 pieoqdyo 01 Ado9 e 8 t N T o o o e g a 2 a a o o S o a o D d E o 2 n o Ey y gt o lo a o O wo SIPPAN p 0 y xutd MOTTA appen ex El lt S SIJ BId E uonesenbyuo9 AIN BId siseo Xu e x lt lt lt ia mi pa v IbPDF www fastio com U S Patent Aug 9 2005 Sheet 7 of 12 US 6 928 433 B2 100 A B ana I E A ARTISTS CN de STYLES LIB Mi 128 gt A 130 i AE 124 x 120 122 FIG 9 CL 000009 d IbPDF www fastio com RS Image Database on 01 24 2000 Copy provided by USPTO from the PI 928 433 B2 9 Sheet 8 of 12 US 6 Aug 9 2005 U S Patent Ol Ola 861 Jeunj papuedxa eq jouueo ueJqr DISNIN eu jo J9A9 WORO eu U99J5S S40 i u 819s Syejeg ey o ejebiaeu o STiV13g sselg ORG XOUSNN OW30 XO83ANF 8J1 U9919S SHRI 1V3MS 3ALLISOd YAGWSWSY OL LHOIN V e U68J0S SYOPI L 0 ejeBiAeu o N3dO SSI ALS MIL Le AYEX 3H1 9 LSV MOOH o A AU XOD U8842S SISI USAJOS SISI 1SITAV ld Y etg 0 ejebiaeu 0 UONG yos N3dO SSA ueqr DISNINI au jo je e do eu ane E usa19s sanoa i __SNDAN 3 CL 000010 US 6 928 433 B2 Sheet 9 of 12 i Aug 9 2005 U S Patent Lb Old HOY
37. CS ARIA I SECULI AEE ATI ES J U S Patent Aug 9 2005 Sheet 3 of 12 US 6 928 433 B2 a Content E Play List E r Voice Tracks H By Name I By Source L By Genre spp By Name L By Album FIG 4 ma quee eT FIG 5 CL 000005 Patent Aug 9 2005 Sheet 4 of 12 US 6 928 433 B2 FOR EACH TRACK FOR EACH BRANCH IS THIS THE RIGHT KIND OF NEXT RACK FOR THIS BRANCH E G E BRANCH MUSIC VOICE x VIDEO YES MORE BRANCHES TRAVERSE BRANCH AND FIND THE APPROPRIATE LOCATION FOR THIS TRACK NO TRACK FIG 6 CL 000006 T DPOF www fastio com Copy provided by USPTO trom the PIRS image Database on 01 24 2006 U S Patent Aug 9 2005 Sheet 5 of 12 US 6 928 433 B2 y Hotel California Hotel California bi Vioon Fever Hotel California ull Moon Fever Hotel California A RN dote California Stardust OMS PS a E Oo E Basa 2 E B S gs o Oz cC a O U c lt LS O 3 s co 5 5t CL 000007 VIDPDF www fastio com Copy provided by USPTO from the PIRS Image Database on 01 24 2006 8 Old CL 000008 ms suos INE US 6 928 433 B2 HEM u L 4 _ pieoqdilo wo ejseg SISI BIA Iv p ol 1 3ulq lleAA eu pieoqdi O oJ mo SIPP9N p oj4 xutd e Ippew PAO 4 ul
38. LCD flat panel display The 17 inch and 20 inch models come with 1 9GHz and 2 1GHz PowerPC G5 Processors respectively The iMac G5 offers 512MB of 533MHz DDR2 memory expandable to 2 5GB and 7200 rpm Serial ATA drives expandable up to 500GB The iMac G5 comes standard with ATI Radeon X600 Pro or XT graphics video memory a SuperDrive built in Airport Extreme wireless networking an internal Bluetooth module built in stereo speakers and microphone and Mighty Mouse The iMac G5 also offers built in Ethernet 10 100 1000BASE T three USB 2 0 and two FireWire 400 ports The iMac G5 also features Front Row media experience with the Apple Remote which allows users to play music and view photos and videos via a remote control eMac The eMac a desktop personal computer targeted at the Company s education customers features a PowerPC G4 processor a high resolution 17 inch flat cathode ray tube display and preserves the all in one http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 7 of 154 compact design of the original iMac The eMac offers PowerPC G4 processors running at up to 1 42GHz 333MHz DDR memory an optional SuperDrive built in modem and Ethernet 10 100BASE T ATI Radeon graphics AirPort Extreme ready and USB 2 0 and 1 1 ports for connectivity to peripherals Mac B mini In January 2005 the Company introduced Mac mini a desktop
39. McDermott pe Will amp Emery Boston Brussels Chicago D sseldorf London Los Angeles Miami Munich Mark G Davis New York Orange County Rome San Diego Silicon Valley Washington D C Attorney at Law madavis mwe com 202 756 8364 n e D6b 3 E May 15 2006 AS Um Me VIA MESSENGER om 0x The Honorable Marilyn Abbott ci Secretary el MA in si U S International Trade Commission Hera ME 500 E Street S W i co a Washington D C 20436 Int Trade Commission Re Certain Portable Digital Media Players Components Thereof and Products Containing Same Dear Secretary Abbott Enclosed for filing on behalf of Complainants Creative Labs Inc and Creative Technology Ltd collectively Complainants are the following documents in support of Complainants request that the Commission commence an investigation pursuant to Section 337 of the Tariff Act of 1930 as amended A separate request for confidential treatment of Confidential Exhibit 8 is included with this filing Accordingly Complainants submit the following documents for filing l An original and twelve 12 copies of the verified Complaint and an original and six 6 copies of the accompanying exhibits with Confidential Exhibit 8 segregated from the other material submitted original and 1 copy unbound without tabs Rules 201 6 c 210 4 3 i and 210 8 a One 1 additional copy of both the Complaint and accompanying non confidential exhi
40. SKs tell which types of tracks are to be filed under this particular branch The actual value is a hexadecimal numerical value in OX format e g 0X01 generated by ORing the following flags together as appropriate enum tTrackType kTTNothing 0x00 kTTSong 0x01 kTTVoice 0x02 kTTBook 0x04 kTTMacro 0x08 kTTPlaylist 0x10 So for example the Album branch has a TRACK_ TYPE MASK of kTTSong because only songs are filed under that branch but the All Tracks branch has a TRACK TYPE MASK of KTTSong kTTVoice kTTBook Other elements might be added to tTrackType e g kTTVideo as appropriate CATEGORY STRUCTURES tell how to file the songs based on their metadata information The CATEGORY _ STRUCTURE is a string of characters that tell from left to right the order of hierarchy The characters come from the following enum constants enum tFileTag kFTNonez kFTTrackType T kFTTitle N kFTAudioFile F kFTArtist M kFTAlbume L kFTGenre G kFTSources S kFTYear Y kFTArtistCountry C y Thus a CATEGORY STRUCTURE of LN tells to create a subcategory that is a list of Albums each of which contains a list of Tracks CL 000016 1 l 1 US 6 928 433 B2 In total a line like Album 0x01 LN Says to create a branch called Album which contains tracks of type kTTSong organized first by album name and then by track name
41. SSIT 3 ZI UQIUXH UONG 19JU9 e dsrp 10100 YM pod ye 1 11Q1XH p deis ye EISOD s un Ir pod 3qmnxg 99INOS ed 91093 V Tim pojeroosse SISIL JO soureu JUOS oureu uinq e ue im pojeroosse sFuos oureu 751718 ue WIM poyeloosse ssuos oureu ISIL Ue YIM pojeroosse sumqre nuota soureu ISIE oq 5sr Ae d e ur s3uos Jo 1si oq fnuour souieu jsr Ae d y 03 pon 3ou st Jnq epn ourt ueo ussIos Ae dsip pry s pogt eur uo915s e dsrp puooos y JO A10doyeoqns pojoojos eq utra SWN SISI JEY uoo1os Ae dsIp PIT 0 suonisuea ppeorjeuiogne pod t uoo1os e dsrp puooos oq ur Opel st uono s Y UOT AA TT 3 LI NAA pue 7 3 y 3qmnqxq MUS DISH SUL pue NUIJA WEN Su p i nuojA 99 uo s 3eqAA 7 uoss 1 ZT 3Iqqxq ONG 1oJu O e dsrp 10109 YIM pod ye TI NIXA WU nu ut Y 9sooqo Sslonuoo am FULSA pue y deis 11e1sxorn SOUNLI podi 1Yqruxg 92MOS Ssuoo1os e dsrip y Jo ouo UI opeui uonoo es uo poseq YORI DUO ISP 3 SUISSIDIB pue uooJos ejdsip par y ur pojuoesoud Sunst e ur A108ojeoqns poajoo es t o Surguo oq sway oq Sur v dsip v100 586590 b 6bb6071 6600M LT LI QU pue 97 31qnjxq 151 Aejd pie pl UXA 0 US PIPAS ou IM ISH R A OD PoyIOOsSse YoeI IUO JSV 9q uo eq o Suos z ppy slonuoO eq Sutsn pue y d S ye 1re1sxornQ SIUN LI pod c yqrqxq 3 Sutppe pue uoo1os e dsrp parq ou ur Wo ue Suno l
42. SYM 7 UOSSIT 1 ZI HQUXH Ae dsIp 1o oO UNA pod Je T IQIYXH p T Sdayg ye Iso m seun LI pod HQIYXH 99INOS sein xooqorpne e lt sxooqorpny lt SNA Syooqorpny umnqge uo s3uos Surpuodsa1109 lt sumq e SurpuodsaJ109 lt s1osoduio lt otrsn A s1osoduio unq e uo sSuos lt sumqe sasnze lt syste Surpuodsolioo lt s91uor lt otsnjA so1uor soposido 3seopod I g lt sjseopogq lt orsnjA siseopoq so 31 Juos Te lt S UOS lt DISNJA SBUOS unqpe uo S3UOS lt sumq ry lt Isny SUNQ Y umnq e uo s3uos lt SUNGIL Sse lt SISHIY lt IISNJA SISYIY sterd oy ur suos lt sjsi Ae d MOA lt sjsti Av q lt orsnjA sisr Ae d o O O O O O O O SULMO O u Spn our susa19s e dstp y 01 3urpuodsa 109 suondo nu ur aq A enuonbos pojuosoud sr uoo1os Ae dstp p UI UMOYS 949 nuoui qoeo ULSIDM USILOS S POJI oq uo po e dsrp ase suondo nuoui oq nuoui e SUISN possoooe SI DISNUI oq Wai pue K1089jeoqns A1033 e 0 Surpuodso1100 STIAI 9919 ISV Je SABY Jey suordo nuour 2001 JO SUO JSPUN MSNU PIJOJS DU 9ZHO33182 03 e3epejour sosn podi ou uoneordde saun ji s 19SN 93 uo pourejuoo sayy orsnur Qua sojepdn eorneuiojne pod sy S1A p dur ue pue uooJos e dstp e yum 1o v d orsnui o qe110d e st podi ou pod odd SUISTICUIOO poyjow oy Ayo oq Jo 9 9 pry pue puodes 41811 ut oArjoodso1 sway pue SALIOZIJPIQNS sorogojeo Jo nexm d e SurAe
43. T gt neotonzzzaznzuzen E www LILLE TE TELECECCEPCEer CC Y LLLLIUTIYUYT KI Tr By Authority of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office ee at 2 A D AAA lt P SWAIN Certifying Officer dira TIT a R a REL _ Aree ESSA E EI A 723 le i 1751127 UBEDA DARAN LS a d FED M h ae mim eh 05 30 2001 ec aces ires 06 30 99 i PATENT AO 101733749 RECORDATION FORM COVER SHEET PATENTS ONLY Attorney Docket No 170022022400 TO The Commissioner of Patents and Trademarks Please record the attached original document s or copy ies Submission Type Conveyance Type New X Assignment C Security Agreement N Ri O dai 5 Csa C License U Change of Name C Merger lon iu U S Government For Use ONLY by U S Government Ag ncies O Departmental File C Secret File Correction of PTO Error O Reel Frame Corrective Document DI resi Frames Conveying Party ies X Mark if additional names of conveying parties attached Execution Date Month Year Da Name line 1 Veltchev Andrei 04 24 01 Execution Date Second Party Month Year Da Name line 1 Jones Girault 04 24 01 Recelving Party C Mark if additional names of
44. ack stored as the file data Again this metadata includes information about the track such as title genre artist name type etc There are several advantages to using the alternate file format Metadata of types not easily included in an ID3 tag can be utilized Further the original track format is not changed so that error correction data such as checksums are valid Finally any file format can be used c g WAV WMA etc because the metadata is stored separately and thus audio formats that have limited support for metadata can still be stored on the portable player in native format witbout transcoding The formatted files are formed by software stored in the portable music player and executed by an on board processor The metadata for each track is utilized to file each track using the categories defined in tbe hierarchical structure as described above without any input from the user FIG 5 is a schematic diagram of the alternative file format including file data in the form of an MP3 track and metadata fields for holding data indicating the name of the album the track is from the name of tbe song the genre of the song and the type of track A particular embodiment of a file format will now be described All tracks are created with some set of attributes as shown below 60 65 Definition of TrackInfo Data Field Field Offset Size Description Attribute Count 0 2 The number of attribute follow for the track Attr 1 t
45. and consumers as the digital hub for advanced new digital devices such as the Company s http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 4 of 154 iPod digital music players personal digital assistants cellular phones digital camcorders and still cameras CD and DVD players televisions and other consumer electronic devices The attributes of the personal computer include a high quality user interface relatively inexpensive data storage and the ability to run complex applications and easily connect to the Internet Apple is the only company in the personal computer industry that controls the design and development of the entire personal computer from the hardware and operating system to sophisticated applications Additionally the Company s products provide innovative industrial design intuitive ease of use and built in networking graphics and multimedia capabilities Thus the Company is uniquely positioned to offer integrated digital hub products and solutions The Company develops products and technologies that adhere to many industry standards in order to provide an optimized user experience through interoperability with peripherals and devices from other companies The Company has played a role in the development enhancement promotion and or use of numerous of these industry standards Expanded Distribution The Company believes
46. and the overall Best in Show award at CES in 2006 Best of Show awards in each of the first two 2004 and 2005 DigitalLife consumer shows Editor s Choice or other top editorial awards from PC Magazine PC Gamer Laptop Maximum PC PC World Computer Shopper CNET com Sound amp Vision magazine and many others 13 Creative s success and leadership in providing portable digital media players for Apple users did not go unnoticed On January 9 2001 Apple released an updated version of its Macintosh Computers and iTunes software that supported Creative s NOMAD Jukebox that practiced the 433 Patent In order to integrate Tunes with Creative s products and to facilitate this interface Creative and Apple executed a Driver Code License and Distribution Agreement granting Apple a license to Creative s driver source code In January 2001 Steve Jobs the co founder and CEO of Apple approached a Creative employee at the MacWorld tradeshow to extol the virtues of the NOMAD Jukebox They then discussed a possible meeting between Creative and Apple Mr Jobs indicated that Apple wanted a smaller version of the NOMAD Jukebox digital music player 4 14 Shortly thereafter on or about February 8 2001 Creative met with Apple representatives including Steve Jobs to further explore ways in which the companies could work together Creative showed Apple several prototype portable digital media players that showed the patented interface 15 De
47. any from single or limited sources Some other key components while currently available to the Company from multiple sources are at times subject to industry wide availability constraints and pricing pressures In addition the Company uses some components that are not common to the rest of the personal computer and consumer electronics industries and new products introduced by the Company often initially utilize custom components 13 http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 16 of 154 obtained from only one source until the Company has evaluated whether there is a need for and subsequently qualifies additional suppliers If the supply of a key or single sourced component to the Company were to be delayed or curtailed or in the event a key manufacturing vendor delays shipments of completed products to the Company the Company s ability to ship related products in desired quantities and in a timely manner could be adversely affected The Company did experience such delays during 2004 and 2005 related to PowerPC G5 processors which resulted in the constrained availability of certain products The Company s business and financial performance could also be adversely affected depending on the time required to obtain sufficient quantities from the original source or to identify and obtain sufficient quantities from an alternative source Contin
48. as a co inventor will issue shortly IV THE TECHNOLOGY AND PRODUCTS AT ISSUE 9 Creative was one of the first companies to invest in the research development and commercialization of portable digital media players commonly referred to as MP3 players Creative s first digital media players used flash memory as the storage medium One drawback of these players was that the storage capacity of flash memory was limited at that time to an hour or two of music Creative envisioned the market potential for significantly higher capacity portable digital media players and began development of the NOMADO Jukebox using a high capacity hard drive as the storage medium The number of songs that could be stored on this portable digital media player was dramatically greater than the flash based players up to 1000 songs However the large number of tracks songs presented a significant and pressing challenge how to conveniently organize and access the ever growing number of songs stored on these devices in view of their small display screens and limited controls 10 Excited by the market potential and need for a user interface for organizing navigating and accessing music on portable digital players Creative seized the opportunity to invent a solution a way to manage a large amount of music in a manner that allows end users to access songs in a logical and user friendly manner through sequential steps displayed on the small screen of a player After m
49. at least one level below the top level of the hierarchy 16 The method of selecting a track as recited in claim 1 wherein the plurality of categories comprise a list of artist names the plurality of subcategories comprise a list of album names and the plurality of items comprise a list of track names CL 000020 EXHIBIT 2 rrrr o e A d AE TEA SS AAA A As Lud S AA A E bet Me ER ea a DAL x ze Es fe voa pe d Um 4 ec VETUS dms IEEE radi a ZE Ptr DAS a E A uses mU Y 2 gt Ss s e Z amp c a ee a x x a c E 9 amp c 3 E ES x k g OG AMO e O O bj s a O gt AE 9 8 E EE x Je d i iL lt E 3 3 mes q un g iV aes ab SE F PEE x 2 Ss 32 SOR Zz lt o do 2 ec 46 P o O eni Su m 2 DE 5 39 U LE cus gag Fee SHIT amp oy EE 4 25 l pos a 2 O gt Ss E z a p mPa E las E Y El Z El HI 2 65 OS SE O dq E H E E Ir 05 15 2001 D gt TT r P 2300 f 101717181 FORM PTO 1 4154 As U S Department of Commerce Expires 06 30 98 Z e Patent and Trademark Office ONR ASE Jane I PATENT at 2 RECORDATION FORM COVER SHEET PATENTS ONLY Attorney Docket No 017002022500 TO The Commissioner of Patents and Trademarks Please record the attached original document s or copy les Submission Type Conveyance Type pd
50. bits for service upon the proposed respondent Rules 210 4 f 3 1 210 8 a and 210 11 a One 1 additional copy of the Confidential Exhibit 8 for service upon the proposed respondent Certified copies of United States Patent No 6 928 433 the 433 patent included as Exhibit 1 in the original Complaint and copies thereof included as Exhibit 1 in all copies of the Complaint U S practice conducted through McDermott Will 4 Emery LLP 600 Thirteenth Street N W Washington D C 20005 3096 Telephone 202 756 8000 Facsimile 202 756 8087 www mwe com The Honorable Marilyn Abbott Page 2 10 11 Certified copies of the assignments involving the 433 patent included as Exhibit 2 in the original Complaint and copies thereof included as Exhibits 2 in all copies of the Complaint Certified copy and three 3 copies thereof of the prosecution history of the 433 patent included as Appendix A Rule 210 12 c 2 Four 4 copies of each reference document mentioned in the prosecution history of the application leading to the issuance of the 433 patent included as Appendix 3 One 1 Creative s Zen Vision MTM portable MP3 player in box with original packaging as Appendix C One 1 Apple iPod in box with original packaging as Appendix D One 1 Apple iPod Nano in box with original packaging as Appendix E and A notarized letter and certification pursuant to Commission Rules 201 6 b and 210 5 d requestin
51. ch all tracks are shown The tree definition file that would specify the hierarchy shown in FIG 1 is shown in FIG 2 The first line identifies the version of the tree definition file The second line defines the Albums branch The first part of the line Albums defines the name of the branch The second part 0x01 defines that all musical tracks should be categorized on this branch The third part BLBN defines that the branch lists first the names of all albums BL and then tracks on those albums BN The third line defines the Artists branch The first part of the line Artists defines the name of the branch The second part 0x01 defines that all musical tracks should be categorized on this branch The third part BCBMBN defines that the branch lists first the names of all countries where artists in this collection come from BC and under those items the artists names BM and then tracks by those artists BN FIG 3 shows what a user s view of this hierarchy might be if he she were shown a fully expanded view of the 6 song tree Notice that each song appears three times once in each branch In consumer products the tree define file is not edited directly but through a user interface one example of which is depicted in FIG 4 An example of a user interface for viewing songs by category and editing the tree structure 1s depicted in FIG 4 An embodiment of the invention is util
52. cintosh systems synchronize and share contact information with Palm OS based PDAs and access the Internet through Bluetooth enabled cell phones A Bluetooth USB adaptor can Bluetooth enable any USB based Macintosh computer running in Mac OS X version 10 1 4 or higher Bonjour M the Company s zero configuration networking technology is based on open Internet Engineering Task Force IETF Standard Protocols such as IP ARP and DNS and is built into Mac OS X This technology uses industry standard networking protocols and zero configuration technology including Ethernet or 802 11 based wireless networks like the Company s AirPort products The source code for this technology also includes software to support UNIX Linux and Windows based systems and devices The Company developed FireWire technology also referred to as IEEE 1394 which is a high speed serial I O technology for connecting digital devices such as digital camcorders and cameras to desktop and portable computers With its high data transfer speed and hot plug and play capability FireWire has become an established cross platform industry standard for both consumers and professionals FireWire is currently integrated in all Macintosh systems Product Support and Services AppleCare offers a range of support options for the Company s customers These options include assistance that is built into software products printed and electronic product manuals online support including comp
53. ditional numbers attached Enter either the Patent Application Number or the Patent Number DO NOT ENTER BOTH numbers for the same property Patent Application Number s Patent Number s Corrs Cac d poo p go L J D C Cs fe QD supr MP OIX ME a al posae odas oxi If this document is being filed together with a new Patent Application enter the date the patent application was Month Day Year signed by the first named executing inventor Patent Cooperation Treaty PCT Enter PCT application number PCT Pcr Pcr only if a U S Application Number has not been assigned per Per Peer P i Number of Properties Enter the total number of properties involved We eee te di Fee Amount Fee Amount for Properties Listed 37 CFR 3 41 Method of Payment Enclosed _ Deposit Account Xx Deposit Account Enter for payment by deposit account or if additional fees can be charged to the account Deposit Account Number Authorization to charge additional fees Statement and Signature To the best of my knowledge and belief the foregoing information Is true and correct and any of the original document Charges to deposit account are authorized as nat fe Date __ 7 Z x li d rae PATENT REEL 011831 FRAME 0888 CL 000030 ORDATION FORM COVER SHEET U S Department of Commerce Expires 06 30 CONTINUATION SS OMR 6641 00 PATENT PATENTS ONLY Co
54. e Company also announced its new translation technology RosettaTM which will allow most PowerPC based Macintosh applications to run on new Intel based Macintosh computers There are potential risks and uncertainties associated with this transition which are further discussed in Part II Item 7 of this 10 K under the heading Factors That May Affect Future Results and Financial Condition Power Mac The Power Mac line of desktop personal computers is targeted at business and professional users and is designed to meet the speed expansion and networking needs of the most demanding Macintosh user Powered by the PowerPC GS processor the Power Mac G5 utilizes 64 bit processing technology for memory expansion up to 16GB and advanced 64 bit computation while also running existing 32 bit applications natively In October 2005 the Company updated the Power Mac G5 product line which now comes in three processor configurations dual 2 0GHz dual 2 3GHz and a quad 2 5GHz that features two 2 5GHz dual processors All Power Mac G5 desktops feature a SuperDriveTM and a NVIDIA GeForce 6600 graphics card In addition all Power Mac G5 desktops deliver connectivity and high performance input output I O including dual Gigabit Ethernet FireWire amp 800 and FireWire 400 ports USB 2 0 ports optical digital I O PCI Express expansion and optional AirPort amp Extreme wireless networking and Bluetooth connectivity The new Power Mac G5 product line also incl
55. e active queuelist where the track JukeBox Demo is selected By invoking the Details command screen 202 is brought up to show details of the Jukebox Demo track As shown in screen 202 the Detail screen shows what track number the selected track is which album the track is from the creator or copyright owner of the track and the title of the track Additionally the details for an item on the queue list also show playback settings These are shown by two letier abbreviations at the bottom of the screen The settings are as shown in Table I below TABLE I EA Environmental Preset EQ Parametric EQ HS Headphone Spatialization TS Time Scaling CL 000019 US 6 928 433 B2 11 TABLE I continued 4S Four Channel Speaker Sound only if speakers are connected These settings have their common meanings as is known in the art Note that the setting 4S is not shown in screen 202 as it is not currently active FIG 14 illustrates the Nomad Jukebox coupled to a host computer system In FIG 14 device 300 e g the Nomad Jukebox is coupled to host system 302 In a preferred embodiment host system 302 is a personal computer such as an IBM PC compatible computer Host sytem 302 includes a user inter face having display 304 and user input devices such as keyboard 306 and mouse 308 In other embodiments the host system need not be a full computer system Any type of processing system having a user interface is poss
56. e determination for other purposes 842 767 948 shares of Common Stock Issued and Outstanding as of November 18 2005 http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 3 of 154 PARTI The Business section and other parts of this Annual Report on Form 10 K Form 10 K contain forward looking statements that involve risks and uncertainties Many of the forward looking statements are located in Management s Discussion and Analysis of Financial Condition and Results of Operations Forward looking statements can also be identified by words such as anticipates expects believes plans predicts and similar terms Forward looking statements are not guarantees of future performance and the Company s actual results may differ significantly from the results discussed in the forward looking statements Factors that might cause such differences include but are not limited to those discussed in the subsection entitled Factors That May Affect Future Results and Financial Condition under Part II Item 7 of this Form 10 K The Company assumes no obligation to revise or update any forward looking statements for any reason except as required by law Item 1 Business Company Background Apple Computer Inc Apple or the Company was incorporated under the laws of the State of California on January 3 1977 The Co
57. e network Remote software installation tools allow IT professionals to install single or multiple software packages immediately or at specific dates and times Comprehensive hardware and software reports based on more than 200 system information attributes allow administrators to keep track of their Mac OS X http phx corporate ir net phoenix zhtml c 107357 amp p tro SECText amp TEXT aHR0cDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 10 of 154 systems In addition built in real time screen sharing enables help desk professionals to provide online assistance by observing and controlling the desktops of any remote Macintosh or Virtual Network Computing enabled computer including Windows and Linux systems Xsan the Company s enterprise class Storage Area Network SAN file system began shipping in January 2005 Xsan is a 64 bit cluster file system for Mac OS X that enables organizations to consolidate storage resources and provide multiple computers with concurrent file level read write access to shared volumes over Fibre Channel Advanced features such as metadata controller failover and Fibre Channel multipathing ensure high availability file level locking allows multiple systems to read and write concurrently to the same volume which is ideal for complex workflows bandwidth reservation provides for effective ingestion of bandwidth intensive data streams such as high resolution video and flexible volume management
58. e of new patents it is possible certain components of the Company s products and business methods may unknowingly infringe existing patents of others From time to time the Company has been notified that it may be infringing certain patents or other intellectual property rights of third parties Foreign and Domestic Operations and Geographic Data The U S represents the Company s largest geographic marketplace Approximately 6096 of the Company s net sales in 2005 came from sales to customers inside the U S Final assembly of products sold by the Company is conducted in the Company s manufacturing facility in Cork Ireland and by external vendors in Fremont California Fullerton California Taiwan Korea the People s Republic of China and the Czech Republic Currently manufacture of many of the components used in the Company s products and final assembly of substantially all of the Company s portable products including PowerBooks iBooks and iPods are performed by third party vendors in China Margins on sales of the Company s products in foreign countries and on sales of products that include components obtained from foreign suppliers can be adversely affected by foreign currency exchange rate fluctuations and by international trade regulations including tariffs and antidumping penalties Information regarding financial data by geographic segment is set forth in Part II Item 8 of this Form 10 K in the Notes to Consolidated Financial Statemen
59. e of software products for education creative consumer and business customers including Mac OS X the Company s proprietary operating system software for the Macintosh server software and related solutions professional application software and consumer education and business oriented application software Operating System Software In April 2005 the Company began shipping Mac OS X Tiger the Company s fifth major version of Mac OS X Tiger incorporates more than 200 new features and innovations including Spotlight a desktop search technology that lets users find items stored on their Macintosh computers including documents emails contacts and images and Dashboard a new way to instantly access information such as weather forecasts and stock quotes using a new class of mini applications called widgets The server version of the Mac OS operating system Mac OS X Server version 10 4 also began shipping in April 2005 Server Software and Server Solutions Apple Remote Desktop 2 is the second generation of the Company s asset management software distribution and help desk support software Apple Remote Desktop 2 includes more than 50 features for centrally managing Mac OS X systems Apple Remote Desktop 2 can perform a wide range of desktop management tasks such as installing operating system and application software running hardware and software inventory reports and executing commands on one or more remote Mac OS X systems on th
60. ed all information presented in this Form 10 K is based on the Company s fiscal calendar Business Strategy The Company is committed to bringing the best personal computing and music experience to students educators creative professionals businesses government agencies and consumers through its innovative hardware software peripherals services and Internet offerings The Company s business strategy leverages its unique ability through the design and development of its own operating system hardware and many software applications and technologies to bring to its customers new products and solutions with superior ease of use seamless integration and innovative industrial design The Company believes continual investment in research and development is critical to facilitate innovation of new and improved products and technologies Besides updates to its existing line of personal computers and related software services peripherals and networking solutions the Company continues to capitalize on the convergence of digital consumer electronics and the computer by creating innovations like the iPod and iTunes Music Store The Company s strategy also includes expanding its distribution network to effectively reach more of its targeted customers and provide them a high quality sales and after sales support experience Digital Hub The Company believes personal computing is in an era in which the personal computer functions for both professionals
61. ed to locate and select the song or songs to be played C Foreign Counterparts to the Asserted Patent 26 There are no foreign patents foreign patent applications or foreign patent applications that have been denied that correspond to the Asserted Patent D Licenses 27 The Asserted Patent has not been licensed VI UNLAWFUL AND UNFAIR ACTS OF RESPONDENT PATENT INFRINGEMENT 28 On information and belief portable digital media players are sold for importation imported and sold after importation in the United States by or on behalf of Apple under at least the brand names iPod and iPod Nano On information and belief these products infringe claims 2 3 4 5 7 11 12 13 15 and 16 of the 433 Patent Ey 29 A chart comparing representative claim 5 of the 433 Patent to Apple s iPod Nano is attached as Exhibit 4 A Direct Infringement 30 Apple directly infringes Creative s 433 Patent by practicing the claimed methods of the 433 Patent through activities such as use testing and product support of the accused products B Contributory Infringement 31 Apple s activities with respect to the accused devices also contribute to the direct infringement of Creative s 433 Patent in violation of 35 U S C 271 c Apple knows of the 433 Patent through actual notice provided by Creative 32 The iPods and iPod Nanos sold by Apple are specifically configured to access and display music loaded by the u
62. een 158 shows information about the selected song including the name of the song album or list name containing the song the track number if applicable and track duration Note that other information can be included The user can preview the song close the Details screen to return to the Tracks screen or queue the song on the play list queue The device provides the ability to preview audio files even while a current song or playlist is being played When a user chooses to preview an audio file the audio file is played for about 10 seconds while any currently played file or playlist is suspended After previewing is complete the suspended file or playlist resumes playback In other embodiment the preview duration can vary or be stopped by user selection FIG 11 illustrates associations among items In FIG 11 song 168 is one of many songs stored in tbe device Categories such as albums 160 artists 162 play lists 164 and genres 166 each include sub categories For example albums 160 includes the names of various albums Songs are associated with albums genres and playlists Such association can be by using pointers a data structure includ ing items to be associated etc Association as used herein includes a first item associated with a second item and the second item associated with the first item In other words albums can be associated with one or more songs in the database of the device so that an utomated sea
63. ent guides Pages lets users create free form arrangements of text graphics photos tables and charts An integrated iLife media browser lets users drag and drop photos from the 1Photo library directly into documents Keynote 2 is the Company s presentation software that gives users the ability to create presentations portfolios interactive slideshows and storyboards Keynote 2 contains slide animations to synchronize the movement of multiple objects and cinematic real time animated text The iLife media browser within Keynote allows users to insert photos movies and music directly into presentations and with image masking users can frame the exact part of the photo they want to display Keynote 2 can also work with a second monitor to display upcoming slides notes and a timer In January 2005 the Company announced Final Cut Express HD an update to Final Cut Express which began shipping in February 2005 Final Cut Express HD enables users to capture edit and output HDV over a single FireWire cable and supports Digital Cinema Desktop with multiple displays Final Cut Express HD features sound editing tools including 99 audio tracks real time volume and audio filter adjustment a voice over tool and Soundtrack music creation software that allows users to compose musical scores for their videos Final Cut Express HD includes LiveType which can add HD quality 10 http phx corporate ir net phoenix zhtml c 107357 amp p iro
64. epo feld pue Moaq ejou aes sBunjes xoegKe d oipny ui ieujeBo wnay stu 911 NOEL ay sejdsip U6619s STYLIA SUL STV13q SSA 007 UdBDS SHOVUL SU 0 WNA 0 380 1 SS8Jg 2 OWSG Vo i Luo OVAL yoru ey jo uogeinp pue suy a WINGY J pJO X981 ay sAejdsip usados SY LIO 9u STV13G 888d ON30 Xogawnr an UaQIOS SYIVUL OY WOY pesseooe STYLIA MAIA CL 000013 U S Patent Aug 9 2005 Sheet 12 of 12 US 6 928 433 B2 302 300 HOST T j 304 tet 308 306 FIG 14 CL 000014 US 6 928 433 B2 1 AUTOMATIC HIERARCHICAL CATEGORIZATION OF MUSIC BY METADATA CROSS REFERENCES TO RELATED APPLICATIONS This application is related to Application Ser No 09 755 629 entitled System for Selecting and Playing Songs in a Playback Device with a Limited User Interface now aban doned and Application Ser No 09 755 367 entitled Audioplayback Device with Power Savings Storage Access Mode issued as U S Pat No 6 590 730 all filed Jan 5 2001 the disclosures of which are incorporated herein by reference BACKGROUND OF THE INVENTION Today portable consumer electronic devices are more powerful than ever For example small portable music playback devices can store hundreds even thousands of compressed songs and can play back the songs at bigh quality With the capacity for so many songs a playback device can store many songs from different albums artists styles of music etc
65. er sales as a result of innovations from competing platforms The Company s future operating results and financial condition are substantially dependent on its ability to continue to develop improvements to the Macintosh platform in order to maintain perceived functional and design advantages over competing platforms The Company s services and products relating to music and other creative content have already encouraged significant competition from other companies many of whom have greater financial marketing and manufacturing resources than those of the Company The Company faces increasing competition from other companies promoting their own digital music products and distribution services subscription services and free peer to peer music services The Company anticipates that competition will intensify as hardware software and content providers work more collaboratively to offer integrated products competing with the Company s offerings However the Company believes it currently maintains a competitive advantage by more effectively integrating an entire solution including the hardware iPod software iTunes and distribution of third party digital content Tunes Music Store Raw Materials Although most components essential to the Company s business are generally available from multiple sources certain key components including microprocessors and application specific integrated circuits ASICs are currently obtained by the Comp
66. ers to view and cut from multiple sources in real time group up to 128 sources together into multi clips then add or subtract cameras at any time Final Cut Pro 5 allows users to use external audio control surfaces to mix and record multiple fader automations simultaneously Soundtrack Pro is a new audio editing and sound design application that gives audio and video professionals a way to create control and repair audio Soundtrack Pro features a waveform editor with flexible Action Layers that allow users to re order bypass or change any edit effect or process Find and Fix features identify and repair common audio problems such as background noise pops clicks and hum An integrated multitrack mixer allows editors to apply common effects to multiple tracks and group common tracks using busses Soundtrack Pro also features over 50 professional plug ins for creating sounds over 5 000 loops an integrated mixer and integration with Final Cut Studio Motion 2 is a real time motion graphics software that enables Final Cut Pro editors to add motion graphics to their projects Motion 2 features interactive animation of text and graphics for DVD motion menus video or film in real time and quick output rendering by built in GPU acceleration at 8 bit 16 bit or 32 bit float film quality With Motion 2 s new design tool Replicator users can automatically generate and animate multiple copies of a graphic shape or movie DVD Studio Pro 4 is
67. erview and Ownership of the Asserted Patent B The 433 Patent 5m l Identification of the 433 Patent and Asserted Claims 2 Non Technical Description of 433 Patent C Foreign Counterparts to the Asserted Patent D 166568 x ona h nasua usasapa shinashka UNLAWFUL AND UNFAIR ACTS OF RESPONDENT PATENT INFRINGEMENT A Direct Intima ia B Contributory Infringement ii C Inducement OF InInngeniellt ontario dig SPECIFIC INSTANCE OF UNFAIR IMPORTATION AND SALE HARMONIZED TARIFF SCHEDULE ITEM NUMBERS RECATEDLIMGALION cenato THE DOMES TIC INDUS IR Y ille A United States Investments in Plant and Equipment Labor and Capital B Representative Claim Chart for the Creative Zen Vision M Portable MP Dgr KELIEF REQUESTED nia bado ru I INTRODUCTION l This Complaint is filed by Creative Technology Ltd and its wholly owned subsidiary Creative Labs Inc collectively Creative under Section 337 of the Tariff Act of 1930 as amended 19 U S C 8 1337 based on the unlawful importation into the United States the sale for importation and or the sale within the United States after importation by manufacturers importers or consignees of portable digital media players that use the claimed method that infringe claims 2
68. es while playing back or editing video QuickTime Streaming Server facilitates the broadcasting of streaming digital video QuickTime Broadcaster allows users to produce professional quality live events for online delivery MacTM The Company s Mac offering is a suite of Internet services that for an annual fee provides Macintosh users with a powerful set of Internet tools Mac services include HomePage for personal web sites iDisk a virtual hard drive accessible anywhere with Internet access Mac Sync which keeps Safari bookmarks iCal amp calendars Address Book information Keychain passwords and Mac OS X Mail preferences up to date across multiple Macintosh computers and available via web browser when users are away from their Mac Mac Mail an ad free email service and Learning Center featuring tutorials for certain software applications The current version of Mac includes Mac Groups a service that helps members communicate coordinate schedules and stay in sync with private groups of friends or colleagues an 11 http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 14 of 154 updated version of Mac Backup software that allows members to archive the content of their iLife Home folder and a four fold increase in combined iDisk and email storage to 1GB for individuals and 2GB for families Wireless Connectivity and Networkin
69. fill iPod shuffle from a user s music library on their computer iPod shuffle can also be used as a portable USB flash drive with up to 1GB of storage space It is available in a 512MB model holding up to 120 songs and a 1GB model holding up to 240 songs iTunes Music Store The Company s iTunes Music Store available for both Windows based and Macintosh computers is a service that allows customers to find purchase and download third party digital music audio books music videos short films and television shows The iTunes Music Store also offers Podcast Directory that allows users to search for and download audio programs to their computer and automatically receive new episodes over the Internet Users can search the contents of the store catalog to locate works by title artist or album or browse the entire contents of the store by genre and artist Users can also listen to a free 30 second preview of content available through the store The iTunes Music Store was originally introduced in the U S in April 2003 and now serves customers in 21 countries The iTunes Music Store is fully integrated directly into the iTunes software allowing customers to preview purchase download organize share and transfer digital content to an iPod using a single software application Further discussion on the iTunes software may be found below under the heading Software Products and Computer Technologies The iTunes Music Store offers customers a broad ran
70. g AirPort Extreme AirPort Extreme is the Company s next generation Wi Fi wireless networking technology AirPort Extreme is based on the 802 11g standard which supports speeds up to 54 Mbps and is fully compatible with most Wi Fi devices that use the 802 11b standard AirPort Extreme Base Stations can serve up to 50 Macintosh and Windows users simultaneously provide wireless bridging to extend the range beyond just one base station and support USB printer sharing to allow multiple users to wirelessly share USB printers connected directly to the base station AirPort Express AirPort Express is the first 802 11g mobile base station that can be plugged directly into the wall for wireless Internet connections and USB printing Airport Express also features analog and digital audio outputs that can be connected to a stereo and AirTunesTM music networking software which works with iTunes giving users a way to wirelessly stream iTunes music from their Macintosh or Windows based computer to any room in the house AirPort Express features a single piece design weighing 6 7 ounces Other Connectivity and Networking Solutions Mac OS X includes capabilities for Bluetooth technology Bluetooth is an industry standard for wirelessly connecting computers and peripherals that supports transmission of data at up to 3 Mbps within a range of approximately 30 feet The Company s Bluetooth technology for Mac OS X lets customers wirelessly share files between Ma
71. g distributing licensing or using portable digital media players that infringe one or more asserted claims of Creative s United States Letters Patent No 6 928 433 and 1 e Grant such other and further relief as the Commission deems just and proper based on the facts determined by the investigation and the authority of the Commission 215 Date May 15 2006 Respectfully Submitted WP ANS Mark G Davis John R Fuisz Stephen K Shahida McDERMOTT WILL amp EMERY LLP 600 Thirteenth Street N W Washington DC 20005 Telephone 202 756 8000 Facsimile 202 756 8087 Terrence P McMahon Lucy H Koh Catherine Shiang McDERMOTT WILL amp EMERY LLP 3150 Porter Dr Palo Alto CA 94304 1212 Telephone 650 813 5000 Facsimile 650 813 5100 Counsel for Complainants Creative Technology Ltd and Creative Labs Inc WDC99 1208799 8 065985 0014 i3 VERIFICATION OF COMPLAINT Craig McHugh declare in accordance with 19 C F R 8 210 4 and 210 12 a under penalty of perjury that the following sisters are true 1 I am currently the President of Creative Labs Inc and am duly authorized to sign this Complaint 2 I have read the foregoing Complaint 3 To the best of my knowledge information and belief based upon reasonable inquiry the foregoing Complaint is well founded in fact and is warranted by existing law or by a nonfrivolous argument for the extension modification or reversal of existing
72. g confidential treatment of Confidential Exhibit 8 Thank you for your attention to this matter Respectfully submitted ark G Davis MGD ta Enclosures WDC99 1229636 1 065985 0014 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON D C In the Matter of CERTAIN PORTABLE DIGITAL MEDIA PLAYERS COMPONENTS THEREOF AND PRODUCTS CONTAINING SAME Investigation No 337 TA COMPLAINT UNDER SECTION 337 OF THE TARIFF ACT OF 1930 AS AMENDED COMPLAINANTS PROPOSED RESPONDENT Creative Labs Inc Apple Computer Inc 1901 McCarthy Boulevard 1 Infinite Loop Milpitas CA 95035 Cupertino CA 95014 Telephone 408 428 6600 Telephone 408 996 1010 Facsimile 408 428 6611 Creative Technology Ltd 31 International Business Park Creative Resource Singapore 609921 Telephone 65 6895 4000 Facsimile 65 6895 4999 COUNSEL FOR COMPLAINANTS Mark G Davis Terrence P McMahon John R Fuisz Lucy H Koh Stephen K Shahida Catherine Shiang McDERMOTT WILL amp EMERY LLP McDERMOTT WILL amp EMERY LLP 600 Thirteenth Street N W 3150 Porter Dr Washington DC 20005 Palo Alto CA 94304 1212 Telephone 202 756 8000 Telephone 650 813 5000 Facsimile 202 756 8087 Facsimile 650 813 5100 II III IV VI VII VII IX XI TABLE OF CONTENTS INTRODUCTION ais COMPLAINANT S leale THE PATENT IN SUIT AND NON TECHNICAL DESCRIPTION OF THE INVENTION Galilea dedi A Ov
73. ge of personal rights to the third party content they have purchased Content purchased through the store may also be used in certain applications such as iPhoto iMovie and iDVD Additional features of the iTunes Music Store include gift certificates that can be sent via e mail prepaid gift cards an allowance feature that enables users to automatically deposit funds into an iTunes Music Store account every month online gift options that let customers give specific songs albums music videos or their own playlists to anyone with an email address parental controls and album reviews http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 9 of 154 Peripheral Products The Company sells various Apple branded computer hardware peripherals including iSight digital video cameras and a range of high quality flat panel TFT active matrix digital color displays The Company also sells a variety of third party Macintosh compatible hardware products directly to end users through both its retail and online stores including computer printers and printing supplies storage devices computer memory digital video and still cameras personal digital assistants and various other computing products and supplies iSight The Company s iSight digital video camera enables video conferencing over broadband connections iSight is a small portable a
74. h reports and 2 has been subject to such filing requirements for the past 90 days Yes No 0 Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S K http phx corporate ir net phoenix zhtm1 c 107357 amp p irol SECText amp TEXT aHR0cDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 2 of 154 section 229 405 of this chapter is not contained herein and will not be contained to the best of the registrant s knowledge in definitive proxy or information statements incorporated by reference in Part III of this Form 10 K or any amendment to this Form 10 K BJ Indicate by check mark whether the registrant is an accelerated filer as defined in Rule 12b 2 of the Act Yes J No D Indicate by check mark whether the registrant is a shell company as defined in Rule 12b 2 of the Act Yes O0 No The aggregate market value of the voting and non voting stock held by non affiliates of the registrant as of March 26 2005 was approximately 29 434 521 480 based upon the closing price reported for such date on the NASDAQ National Market For purposes of this disclosure shares of Common Stock held by persons who hold more than 5 of the outstanding shares of Common Stock and shares held by executive officers and directors of the registrant have been excluded because such persons may be deemed to be affiliates This determination of executive officer or affiliate status is not necessarily a conclusiv
75. he person or the entity upon behalf of which the person acted executed the instrument WITNESS my hand and official seal My Commission Expires 17 A 290 Dated 2 2 490 HOWARD N EGAN STATE OF CALIFORNIA Ss COUNTY OF On March 22 FOVI before mo JA Zucht LU Bazzano Aola Eu bhi personally appeared HOWARD N EGAN personally known to me basis of satisfaetery evidenee to be the person whose name is subscribed to the within instrument and acknowledged to me that he she executed the same in his her authorized capacity and that by his her signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument WITNESS my hand and official seal W BAZZANO 1132234 Cruz County My Comm Tires Apr 2 2001 My Commission Expires 77 2 2P0 PATENT RECORDED 04 23 2001 ees mme soos REEL 011788 FRAME 0177 CL 000026 CL 000027 i nde q A 799829 SUM e e e ie re E a 2 EI mO BTU ERE EE E Mn nN MMMM MMT at I THE UNITED STATES OF AMERICA TO ALL TO WHOM THESE PRESENTS SHALL COME UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office February 16 2006 THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE RECORDS OF THIS OFFICE OF A DOCUMENT RECORDED ON May 18 2001 ESR SSS NARRAR A AAA SEUA AAA LAABRRZZZIZILTTPITIEET
76. hnologies Inc Broadcom Corporation Cypress Semiconductor Corporation Freescale Semiconductor Inc Hitachi Global Storage Technologies Hon Hai Precision Industry Co Ltd IBM Corporation Intel Corporation International Display Technology Inventec Appliances Corporation LG Phillips Co Ltd Matsushita Mitsubishi Electric Corporation NVIDIA Corp PortalPlayer Inc Quanta Computer Inc Samsung Electronics Synaptics Inc and Toshiba Corporation Research and Development Because the personal computer and consumer electronics industries are characterized by rapid technological advances the Company s ability to compete successfully is heavily dependent upon its ability to ensure a continuing and timely flow of competitive products and technology to the marketplace The Company continues to develop new products and technologies and to enhance existing products in the areas of hardware and peripherals consumer electronic products system software applications software networking and communications software and solutions and the Internet The Company may expand the range of its product offerings and intellectual property through licensing and or acquisition of third party business and technology The Company s research and development expenditures totaled 534 million 489 million and 471 million in 2005 2004 and 2003 respectively Patents Trademarks Copyrights and Licenses The Company currently holds rights to patents and co
77. ible For example it is possible to couple the device to a laptop computer game console web enabled television or any consumer electronic device or digital platform in general The host user interface need not provide a display and can be much more minimal than the keyboard and mouse shown in FIG 14 A preferred embodiment of the invention uses a Universal Synchronous Bus USB connection but any type of connection such as IEEE 1394 FireWire Ethernet Serial Port etc can be used A wireless 1 e optical or radio frequency connection can be used Once device 300 is coupled to host system 302 a user of host system 302 can launch a bridge interface to allow for the transfer of files between device 300 and host system 302 In a preferred embodiment once the bridge interface is launched the controls of device 300 are inoperable The user interface of host sytem 302 is used to operate the bridge interface to transfer files The invention has now been described with reference to the preferred embodiments Alternatives and substitutions will now be apparent to persons of skill in the art What ts claimed is 1 Amethod of selecting at least one track from a plurality of tracks stored in a computer readable medium of a portable media player configured to present sequentially a first second and third display screen on the display of the media player the plurality of tracks accessed according to a hierarchy the hierarchy having a plura
78. ica throughout the world and to claim the priority from the application as provided by the Paris Convention The right title and interest is to be beld aud enjoyed by Assignes and Aasignes s successors and assigna as fully and exclusively as it would have been held and enjoyed by Assignors had thie Assignment not been made for the full term of any Letters Patent and Registrations which may be granted thereon or of any division renewal continuation in whole or in part substitution conversion reissue prolongation or extension thereof Assignors further agree that they will without charge to Assignee but at Assignee s expeuso a cooperate with Assignee in the prosecution of U S Patent applications and forsign counterparts on the invention and apy improvements b execute verify acknowledge and deliver all such further papers including patent applications and instruments of transfer and c perform such other acts as Assignee lawfully may request to obtam or maintain Letters Patent and Registrations fos the mvention and improvements in any and all countries and to vest title thereto m Aasignes or Assignee s successors and assigns EB 39Vd OLY 3 ILV3MO x eszteerresPATENE tsaz pz pe REEL 011831 FRAME 0890 CL 000032 08 12 01 10 37 FAX 415 576 0300 TOWNSEND SF TT Assigrunent Attornsy Docket No 17002 022400US Page 2 IN TESTIMONY WHEREOF Assignors have signed fheir names on the dares indicated A ted Z ZZ 2007 2
79. ice 100 perform essentially the same functions at al times In other words they are not subject to function changes according to soft button function description area 106 These button include Library button 116 EAX and System button 118 Skip Backward button 120 Play button 122 Stop button 124 Skip Forward Button 126 Scroll Up button 128 and Scroll Down button 130 However as discussed below these buttons or any type of controls used with the device can include alternate func tionality that is invoked in different ways The device uses visual cues or indicators in the display When an item is highlighted it indicates that the item is the current item or currenty selected item which is suscep tible to be operated on by a subsequent user action such as playback or expansion of the item In FIG 1 screen 102 shows that the item ALBUMS is highlighted The high lighted item can be acted upon by using the soft buttons or another button as decribed below The current item can be changed by using Scroll Up button 128 and Scroll Down button 130 to move the highlight up or down respectively throughout a list of displayed items Icons are used to provide additional visual cues for an item In FIG 1 each of the categories has a category icon to the left of it The category icon which may not be distinctly visible in the Figure illustrates a first box con nected by lines to additional boxes below the first box The
80. icon depicts a hierarchy and illustrates the property of categories i e that categories can contain additional categories songs or other items FIG 10 illustrates a sequence of display screens describ ing how to navigate to lower levels In FIG 10 library category screen 150 shows the display as it appears when the user depresses library button 116 of FIG 9 A preferred embodiment of the device uses 4 first level categories These are Albums Artists Styles and Play Lists Each of these categories can contain or be associated with other categories songs or items Note that in library category screen 150 ALBUMS is currently highlighted By depressing soft button 112 of FIG CL 000018 UA ini _ EINE EU US 6 928 433 B2 9 9 the open command is performed on the highlighted category as indicated by the labeling of soft button 112 and soft button function description area 152 of FIG 10 Lists screen 154 is displayed as a result of a user opening Album category of library category screen 150 Lists screen 154 shows items within the Albums category such as com mercial albums of multiple songs from a record label pre made lists or collections created by a user or other predefined lists or collections of songs or recordings In FIG 10 lists screen 154 shows each item as a list of songs This is shown visually by the icon to the left of each item which depicts a miniature list Possible soft b
81. id technological advances in both hardware and software that have substantially increased the capabilities and use of personal computers and have resulted in the frequent introduction of new products with competitive price feature and performance characteristics Over the past several years price competition in the market for personal computers has been particularly intense The Company s competitors who sell personal computers based on other operating systems have aggressively cut prices and lowered their product margins to gain or maintain market share The Company s results of operations and financial condition can be adversely affected by these and other industry wide downward pressures on gross margins The principal competitive factors in the market for personal computers include price relative price performance product quality and reliability design innovation availability of software product features marketing and distribution capability service and support availability of hardware peripherals and corporate reputation Further as the personal computer industry and its customers place more reliance on the Internet an increasing number of Internet devices that are smaller simpler and less expensive than traditional personal computers may compete for market share with the Company s existing products The Company is currently taking and will continue to take steps to respond to the competitive pressures being placed on its personal comput
82. inafter referred to as Assignors are the inventors of the invention described and set forth in the below identified application for United States Letters Patent Title of Invention AUTOMATIC HIERARCHICAL CATEGORIZATION OF MUSIC BY METADATA Date s of Execution Filing Date January 5 2001 Application No 09 755 723 and WHEREAS CREATIVE TECHNOLOGY LTD located at 31 International Business Park Creative Resource Singapore 609921 hereinafter referred to as ASSIGNEE is desirous of acquiring ASSIGNORS interest in the said invention and application and in any U S Letters Patent which may be granted on the same NOW THEREFORE TO ALL WHOM IT MAY CONCERN Be it known tbat for good and valuable consideration receipt of which is hereby acknowledged by Assignors Assignors have sold assigned and transferred and by these presents do sell assign and transfer unto the said Assignees and Assignees successors and assigns all their right title and interest in and to the said invention and application and in and to any Letters Patent which may hereafter be granted on the same in the United States the said interest to be held and enjoyed by said Assignees as fully and exclusively as it would have been held and enjoyed by said Assignors had this Assignment and transfer not been made to the full end and term of any Letters Patent which may be granted thereon or of any division renewal continuation in whole or in part substitution
83. ized in the NomadO Jukebox manufactured by the assignee of the 15 20 25 30 35 40 45 50 55 6 present invention and described more fully in the copending application filed on the same date as the present application entitled System for Selecting and Playing Songs in a Playback Device with a L mited User Interface Attny Docket No 17002 020800 In a preferred embodiment metadata is associated with each track and includes such information as title genre artist name type etc In the preferred embodiment software stored in a portable player and executed by the onboard processor automatically files each track in the correct cat egory utilizing the associated metadata and the tree define file The program code can be stored in any computer readable medium including magnetic storage CD ROM optical media or digital data encoded on an electromagnetic signal Thus the user is automatically provided with a powerful and flexible tool for organizing and categorizing the tracks stored on the portable player If the tracks are formatted in MP3 format the metadata can be stored in ID3 tags included in the MP3 file In one embodiment of the invention the tracks are stored in alter nate file format including file data and file attributes The file data is the music track itself and the file attributes part of the file includes fields of arbitrary size which are used to store metadata characterizing the tr
84. k Creative Resource Singapore 609921 Creative Technology Ltd is listed on the NASDAQ Stock Exchange under the symbol CREAF Creative Labs Inc is a wholly owned subsidiary of Creative Technology Ltd and is incorporated under the laws of California Creative Labs Inc has its primary location at 1901 McCarthy Boulevard in Milpitas California where operations include sales marketing product development testing and compliance Creative Labs Inc also has facilities in Stillwater Oklahoma which is Creative s customer support and product testing center in the United States and in Fremont California which is an operations and distribution center Creative s primary research and development in the United States is conducted at Creative Advanced Technology Center in Scotts Valley California under the corporate name of Silicon Engineering Inc d b a Creative Advanced Technology Center a wholly owned subsidiary of Creative Technology Ltd Creative Advanced Technology Center also has a satellite office in Boulder Colorado III PROPOSED RESPONDENT 8 On information and belief proposed respondent Apple is incorporated in California with a principal place of business located at 1 Infinite Loop Cupertino CA 95014 Exhibit 3 On information and belief Apple has manufacturing sites in Europe Japan Canada and the Asia Pacific region Exhibit 3 Creative has been informed by the PTO that a Certificate of Correction adding David Bristow
85. k associated with the selected item to a playlist 6 The method of selecting a track as recited in claim 1 wherein the accessing at least one track comprises one of playing or adding to a playlist at least one track associated with a selected one of the category subcategory and item 7 The method of selecting a track as recited in claim 1 wherein the accessing at least one track is made after the presentation of the third display screen by reverting back to one of the second and first display screens the second display screen presented sequentially after the third display screen 8 The method of selecting a track as recited in claim 1 further comprising selecting one of the items displayed in the third display screen and presenting a listing of items associated with the selected item in a fourth sequentially presented display screen 9 The method of selecting a track as recited in claim 1 wherein the category genre is selected in the first display screen from available categories that include at least artist album and genre and the subcategories listed in the second display screen comprise a listing of at least one genre type and one of the at least one genre type is selected 10 The method of selecting a track as recited in claim 9 further comprising displaying in the third display screen at least one album associated with the selected genre type and selecting one of the at least one albums displayed in the third display screen and p
86. l SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 13 of 154 animated text and motion graphics to videos In addition Movie projects can be imported directly into Final Cut Express HD with all of their effects transitions and audio levels intact Logic Express 7 is a streamlined version of Logic Pro 7 that provides a basic set of professional tools to compose and produce music for students educators and advanced hobbyists Its high resolution audio of up to 24 bit 96kHz the adaptive self configuring track mixer and 32 bit floating point math provide professional sound quality Logic Express 7 comes with support for projects from GarageBand offering users a smooth migration path to high end audio production FileMaker Inc a wholly owned subsidiary of the Company develops publishes and distributes desktop based database management application software for either a Macintosh or Windows based computer The FileMaker Pro database software and related products offer relational databases and desktop to web publishing capabilities FileMaker Pro 8 the newest version of the desktop database introduced in August 2005 features new ways to share and manage information of various types FileMaker Pro 8 allows users to convert graphic rich reports of their data into alternative file formats which can be emailed for sharing with non FileMaker users Internet Software and Services The Company is focused o
87. l selections RAW images are maintained natively throughout Aperture without any intermediate conversion process and can be retouched using a suite of adjustment tools designed especially for photographers Print options include customizable contact sheets high quality local printing and color managed online prints Aperture also provides a layout environment where photographers can create and order custom books and publish web galleries Consumer Education and Business Oriented Application Software iLife amp 05 In January 2005 the Company introduced iLife 05 an upgrade to its digital lifestyle suite which features iPhoto iMovie DVDO GarageBand and iTunes iPhoto 5 is the Company s consumer oriented digital photo software application iPhoto 5 includes advanced editing tools adds support for uncompressed RAW photos and includes a slideshow builder allowing users to apply effects transitions and durations to each individual slide iPhoto 5 allows users to create and order hardcover and softcover photo books using a variety of book layouts with double sided printing directly within the application iMovie HD a consumer oriented digital video editing software application enables users to import HDV from HDV camcorders and edit digital videos on their Macintosh computers iMovie HD also includes Magic iMovie which automatically imports video into separate clips and adds titles transitions and music iMovie HD imports video
88. lia and Asia except for Japan and the Company s subsidiary FileMaker Inc Each reportable geographic operating segment provides similar hardware and software products and similar services Further information regarding the Company s operating segments may be found in Part II Item 7 of this Form 10 K under the heading Segment Operating Performance and in Part II Item 8 of this Form 10 K in the Notes to Consolidated Financial Statements at Note 11 Segment Information and Geographic Data Hardware Products The Company offers a range of personal computing products including desktop and notebook computers server and storage products related devices and peripherals and various third party hardware products The Company s entire line of Macintosh systems excluding servers and storage systems features the Company s Mac OS X Version 10 4 Tiger and iLife suite of software for digital photography music movies and music creation Macintosh Computers In June 2005 the Company announced its plan to begin using Intel microprocessors in its Macintosh computers The Company plans to begin shipping certain models with Intel microprocessors by June 2006 http phx corporate ir net phoenix zhtm1 c 107357 amp p irol SECText amp TEXT aHR0cDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 6 of 154 and to complete the transition of all of its Macintosh computers to Intel microprocessors by the end of calendar year 2007 Th
89. lity of categories subcategories and items respectively in a first second and third level of the hierarchy the method comprising selecting a category in the first display screen of the portable media player displaying the subcategories belonging to the selected category in a listing presented in the second display screen selecting a subcategory in the second display screen displaying the items belonging to the selected subcategory in a listing presented in the third display screen and accessing at least one track based on a selection made in one of the display screens 2 The method of selecting a track as recited in claim 1 wherein the accessing at least one track comprises selecting a subcategory in the second display screen and playing a plurality of tracks associated with the selected subcategory 3 The method of selecting a track as recited in claim 1 wherein the accessing at least one track comprises selecting a subcategory and adding the tracks associated with the selected subcategory to a playlist 4 The method of selecting a track as recited in claim 1 wherein the accessing at least one track comprises selecting 20 35 65 12 an item in the third display screen and playing at least one track associated with the selected item 5 The method of selecting a track as recited in claim 1 wherein the accessing at least one track comprises selecting an item in the third display screen and adding at least one trac
90. luminum alloy camera with all audio video and power provided by a single FireWire cable iSight is designed to be center mounted on the top of a computer screen and uses its integrated tilt and rotate mechanism to easily position the camera for natural face to face video conferencing iSight features an auto focusing auto exposure F 2 8 lens that captures high quality pictures and full motion video With its on board processor iSight automatically adjusts color white balance sharpness and contrast to provide high quality images with accurate color reproduction in most lighting conditions iSight also includes a dual element microphone that suppresses ambient noise for clear digital audio Displays The Company offers a family of widescreen flat panel displays featuring the 30 inch Apple Cinema HD Display a widescreen active matrix LCD with 2560 by 1600 pixel resolution a 23 inch widescreen Apple Cinema Display with 1920 by 1200 pixel resolution and a 20 inch widescreen Apple Cinema Display with 1680 by 1050 pixel resolution The displays feature dual FireWire and dual USB 2 0 ports built into the display and use the industry standard DVI interface for a pure digital connection with the Company s latest Power Mac and PowerBook systems The Cinema Displays feature an aluminum design with a very thin bezel suspended by an aluminum stand that allows viewing angle adjustment Software Products and Computer Technologies The Company offers a rang
91. mpany designs manufactures and markets personal computers and related software services peripherals and networking solutions The Company also designs develops and markets a line of portable digital music players along with related accessories and services including the online distribution of third party music audio books music videos short films and television shows The Company s products and services include the Macintosh line of desktop and notebook computers the iPod digital music player the Xserve G5 server and Xserve RAID storage products a portfolio of consumer and professional software applications the Mac OS X operating system the iTunes Music Store a portfolio of peripherals that support and enhance the Macintosh and iPod product lines and a variety of other service and support offerings The Company sells its products worldwide through its online stores its own retail stores its direct sales force and third party wholesalers resellers and value added resellers The Company also sells a variety of third party products that are compatible with the Company s Macintosh and iPod product lines including computer printers and printing supplies storage devices computer memory digital camcorders and still cameras personal digital assistants iPod accessories and various other computing products and supplies through its online and retail stores The Company s fiscal year ends on the last Saturday of September Unless otherwise stat
92. n delivering seamless integration with and access to the Internet throughout the Company s products and services The Company s Internet solutions adhere to many industry standards in order to provide an optimized user experience through interoperability Safari Safari the Company s Mac OS X compatible web browser uses the advanced interface technologies underlying Mac OS X and includes built in Google search SnapBack to instantly return to search results a way to name organize and present bookmarks tabbed browsing and automatic pop up ad blocking QuickTime QuickTime the Company s multimedia software for Macintosh or Windows based computers features streaming of live and stored video and audio over the Internet and playback of high quality audio and video on computers QuickTime 7 features a new video codec called H 264 which delivers high video quality at low data rates QuickTime 7 automatically determines a user s connection speed to ensure they are getting the highest quality content stream possible QuickTime 7 also delivers multi channel audio and supports audio formats including AIFF WAV MOV MP4 AAC only CAF and AAC ADTS The Company offers several other QuickTime products QuickTime 7 Pro a suite of software tools allows creation and editing of Internet ready audio and video files QuickTime 7 Pro allows users to create H 264 video capture audio and video create multi channel audio and export multiple fil
93. n technique will now be described In this alternative embodiment at system startup and as tracks are added or changed the hierarchy is generated as an in memory tree structure Each track is added to the tree using the categories ALBUM ARTIST and GENRE The following example shows the algorithm for adding a track For clarity only the attributes used by the tree are shown TITLE Free Falling ALBUM Full Moon Fever ARTIST Tom Petty GENRE Rock TRACK NUM 1 The following function is executed to build the in memory memory tree Build Tree For each track Add Track To Category Album Track Add Track To Category Artist Track Add Track To Category Genre Track End of Build Tree FIG 7 depicts a tree which could result from implement ing Build Tree function Note that Stardust does not have any entries for Album or Artist The host software running on a computer connected to the portable music player could be utilized to add missing attributes to the Stardust track and optionally edit the title attribute The Build Tree function would then reinsert this track in the correct location in the tree FIG 8 is an embodiment of a user interface according to another embodiment of the invention In this example the root node is labeled My Configuration and the Playlist 10 25 40 Un 4 50 5 un 8 category has been selected and the Playlist subcategory
94. ng Pause a song Do This Set the Hold switch to Hold and then turn it off again Press the Menu and Center buttons at the same time for about 6 seconds until the Apple logo appears Press any button Press and hold Play Pause 11 Press any button or use the Click Wheel Set the Hold switch to Hold an orange bar appears Move your thumb around the Click Wheel to scroll to the item and then press the Center button Press Menu Press and hold Menu Choose Music from the main menu Select the song and press the Center or Play Pause I1 button iPod nano must be ejected from your computer to play songs Press Play Pause 11 or unplug your headphones To Change the volume Play all the songs in a list Play all songs in random order Skip to any point in a song Skip to the next song Start a song over Play the previous song Fast forward or rewind a song Add a song to the On The Go playlist Do This From the Now Playing screen move your thumb around the Click Wheel Select the list title an album title or the title of a playlist for example and press Play Pause gt 11 From the main menu choose Shuffle Songs From the Now Playing screen press the Center button to show the scrubber bar Then scroll to any point in the song Press Next Fast forward gt t Press Previous Rewind M4 Press Previous Rewind M4 twice Press and hold Next Fast forward gt or P
95. ng the data needed to complete the Cover Sheet Send comments regarding this burden estimate to the U S Patent and Trademark Office Chief InformationlOfficer Washington D C 20231 and to the Office of Information and Regulatory Affairs Office of 27 Pal FOR OFFICE USE ONLY and Budget Paperwork Reduction Projekt 0651 0027 Washington D C 20503 See OMB Information Collection Budget Package 0651 0027 Patentiand Trademark Assignment Practice DO NOT SEND REQUESTS TO RECORD ASSIGNMENT DOCUMENTS TO THIS ADDRESS Mail d cuments to be recorded with required cover sheet s Information to Commissioner of Patents and Trademarks Box Assignments Washington D C 20231 PATENT REEL 011788 FRAME 0174 CL 000023 U S Department of Commerce a Patent and Trademark Office OMB 0651 0027 dd Correspondent Name and Address Area Code and Telephone Number 415 576 0200 Name Charles E Krueger Address line 1 Townsend and Townsend and Crew LLP Address line 2 Two Embarcadero Center Address line 3 Eighth Floor Address line 4 San Francisco CA 94111 Pages Enter the total number of pages of the attached conveyance document C including any attachments Application Number s or Patent Number s C Mark if additional numbers attached Enter either the Patent Application Number or tha Patent Number DO NOT ENTER BOTH numbers for the same property Patent Application Number s Pate
96. no To learn to use all the features of your iPod nano see the Pod nano Features Guide The features guide has detailed instructions on using iPod nano answers to common problems and important safety and compliance information It can be found on the web at www apple com support manuals ipod and where available on the iPod CD and in iPod Help in iTunes choose Help gt iPod Help To view the latest tutorials on how to make the most of your iPod experience go to www apple com support ipod To register your iPod nano go to www apple com register www apple com ipodnano www apple com support ipod 2006 Apple Computer Inc All rights reserved Apple the Apple logo iPod and Tunes are trademarks of Apple Computer Inc registered in the U S and other countries Shuffle is a trademark of Apple Computer Inc iTunes Music Store is a service mark of Apple Computer Inc registered in the U S and other countries Other company and product names mentioned herein are trademarks of their respective companies
97. nt Number s sewer jq r pcc r p Leu ee ee pg E EA EA uc If this document ls being filed together with a new Patent Application enter the date the patent application was te Day Year signed by the first named executing inventor Patent Cooperation Treaty PCT Enter PCT application number POT PCT 1 ee only if a U S Application Number has not been assigned por 2 Per Per Enter the total number of properties involved Dr e eol Number of Properties Fee Amount Fee Amount for Properties Listed 37 CFR 3 41 Method of Payment Enclosed Deposit Account X Deposit Account Enter for payment by deposit account or if additional fees can be charged to the account Deposit Account Number 20 1430 Authorization to charge additional fees Yes RI No Statement and Signature To the best of my knowledge and bellef the foregoing Information is true and correct and any attached copy is a true copy of the originat document Charges to deposit account are authorized as indicated herein 72 Charles E Krueger ALL gt Apri 2001 Name of Person Signing Signature Date PATENT REEL 011788 FRAME 0175 CL 000024 um EIE Attorney Docket No 17002 022500US Client Reference No CT 1139 ASSIGNMENT OF PATENT APPLICATION WHEREAS RON GOODMAN of 226 Jeter Street Santa Cruz CA 95060 HOWARD N EGAN of 219 Elinor Street Capitola CA 95010 here
98. nveying Para gw m Mark If additional names of conveying parties attached Execution Date Enter additional Conveying Parties Month Da Year Naina ine Egan Hower Name ine 2 22222222 Execution Date Month Day Year Name line 1 04 24 01 Name ine 2 TTT Execution Date Day Year Receiving Party ies Enter additional Receiving Party ies Name ine 1 it document to be recorded is an assignment and the receiving party is not Name fino Sri inte Uno States an appointment of a domestic Address ine E o geeta e ac Designation must be a separale document from aA c ccc c ue c fe Address ine OOO City State Country Zip Code Name Ine TD tr document to be recorded is an assignment and the receiving I party is not States an appointment of a domestic across wJ Designation must be a separate document from Address ine 2 A Address line 3 C Mark if additional names of receiving parties attached Zip Code Application Number s or Patent Number s C Mark if additional numbers attached Enter either the Patent Application Number or the Patent Number DO NOT ENTER BOTH numbers for the same property Patent e ication Wa Patent Number E EA AS EA eec al 252 p c2 om es i 1219084 v1 State Country PATENT REEL 011831 FRAME 0889 CL 000031 U 12 01 16 36 FAX 415 578 02300 TOWNSEND SF 004 Attorney Docket No 17002 0224
99. on and editing digital video and film special effects compositing and titling digital still photography and workflow management graphic design publishing and print production music creation and production audio production and sound design and web design development and administration The Company designs its high end hardware solutions including servers desktops and portable Macintosh systems to incorporate the power expandability and features desired by creative professionals The Company s operating system Mac OS X incorporates powerful graphics and audio technologies and features developer tools to optimize system and application performance when running powerful creative solutions provided by the Company or third party developers The Company also offers various software solutions to meet the needs of its creative customers Business Organization The Company manages its business primarily on a geographic basis The Company s reportable operating segments are comprised of the Americas Europe Japan and Retail The Americas Europe and Japan reportable segments do not include activities related to the Retail segment The Americas segment includes both North and South America The Europe segment includes European countries as well as the Middle East and Africa The Retail segment currently operates Apple owned retail stores in the U S Canada Japan and the U K Other operating segments include Asia Pacific which includes Austra
100. onths of ongoing work and development a team of Creative s engineers in Scotts Valley California invented a user friendly interface that simplified navigation on portable digital media players This now patented invention is directed to methods of accessing media tracks e g music stored on a portable digital media player by navigating through a hierarchical categorization such as artist artist name and song title or genre genre type and song title 11 Eager to market and benefit from the invention Creative announced its anticipated release of the NOMAD Jukebox and presented the first prototype devices at the i Consumer Electronics Show CES in January 2000 With a 6GB storage capacity the Creative NOMAD Jukebox could store more than 100 hours of digital media and up to 1000 songs More importantly the NOMAD Jukebox used the revolutionary accessing methods claimed in the 433 Patent to provide users with a convenient interface for managing and accessing all those songs The NOMAD Jukebox and the user interface encompassed by the 433 Patent set the standard for this new industry of portable digital piayers 12 On January 16 2001 Creative announced that it had already shipped 100 000 units of the NOMAD Jukebox portable digital media player By 2006 Creative s portable digital media players featuring its patented user interface had won numerous prestigious awards worldwide including The Best of CES awards in 2004 2005 and 2006
101. opy To Clipboard Pink Floyd Meddle i Cut To Clipboard Pink Floyd Meddle Paste from Clipboard d M CL 000002 U S Patent Aug 9 2005 Sheet 1 of 12 US 6 928 433 B2 Root Category Catego Category E ry 4 Category Category C Value Value O O O O O O Gtracks 1 2 Subcategory Subcategory DOO OOO de E 3 tracks 3 tracks Value 1 Value 2 Category Category Category Y Category e Value E Value e Value Ez Value 1 2 3 4 JD O ero e 2 tracks 2 tracks 1 track 1 track For example Category 1 Album Name Category Value 1 Abbey Road Category Value 2 Hits from the 60 s Category 2 Artist Name Subcategory Value 1 British Artists Subcategory Value 2 American Artists Category Value 1 The Beatles Category Value 2 Petula Clark i Category Value 3 Mamas and the Papas q Category Value 4 Nick Drake Category 3 All tracks FIG 1 CL 000003 U S Patent Aug 9 2005 Sheet 2 of 12 US 6 928 433 B2 V1 0 Albums 0x01 BLBN Artists 0x01 BCBMBN All TracksiOx01 BN FIG 2 Album Name Abbey Road Golden Slumbers Something Sun King Hits of the 60 s Cheatin Heart Monday Monday Fruit Tree Artist Name British Artists Beatles Golden Slumbers Something Sun King Petula Clark Cheatin Heart Mamas and the Papas Monday Monday Nick Drake Fruit Tree All tracks Golden Siumbers Something Sun King Cheatin Heart Monday Monday Fruit Tree FIG 3 CL 000004 i j 1 j a SE
102. ow technology that uses pixel by pixel image analysis to create smooth retiming and automatic stabilization Shake 4 also integrates Truelight monitor calibration to maintain color consistency between the computer screen and the final look on film Logic Pro 7 is used by musicians around the world and by professionals in music production and film scoring It combines digital music composition notation and audio production facilities in one comprehensive product and includes software instruments such as Sculpture a component modeling based synthesizer UltraBeat a drum synthesizer with built in step sequencer and digital signal processing DSP plug ins including Guitar Amp Pro a full featured guitar amplifier simulator Along with workflow enhancements mastering plug ins and support for Apple Loops Logic Pro 7 adds distributed audio processing a technology that allows professionals to utilize multiple Macintosh systems to expand available DSP power via an Ethernet network In October 2005 the Company announced Aperture began shipping in November 2005 Aperture is an application designed to provide professional photographers with post production tools to manage edit and publish digital pictures Features include compare and select tools nondestructive image processing color managed printing and custom web and book publishing Compare and select tools in Aperture allow photographers to sift through photo projects and identify their fina
103. ows users to purchase a variety of digital content available through the Company s iTunes Music Store iTunes organizes content using searching browsing and playlists and also includes features such as Mix playlist sharing and provides integration with the complete family of iPods In October 2005 the Company introduced iTunes 6 the latest version of its iTunes software iTunes 6 allows users to purchase and download music videos short films and television shows from the iTunes Music Store watch them on their computers and Auto Sync them onto their iPod In September 2005 the Company Motorola Inc and Cingular Wireless LLC announced the availability of a mobile phone with iTunes software Motorola ROKR enabling users to transfer up to 100 songs from the iTunes library on their Macintosh or Windows based computers to their Motorola ROKR mobile phones iWork 05 In January 2005 the Company introduced iWork 05 productivity software designed to take advantage of both Mac OS X and iLife 05 to help users create present and publish documents and presentations Work 05 introduced Pages a word processor and also features Keynote 2 an updated version of the Company s presentation software Pages gives users the tools to create letters newsletters reports brochures and resumes with advanced typography multiple columns footnotes tables of content and styles With features like dynamic text wrapping and alignm
104. plug it To browse for and play a song or video Move your thumb lightly around the Click Wheel to select a menu item To choose an item press the Center button To go back to the previous menu press Menu on the Click Wheel When you find the song or video you want press Play it and enjoy T mme Playlists Ej Artists TT LT TT a sie cia ph Deep Red gt Sang Girlfriend in Sonama Meinicke Composers Audiobooks My Voices Uke You Orcas Spin You re a Pili Trained Mind Speak French Lefty Lewis Using the Controls Hold switch Headphones port Menu button Center button _Next Fast forward Previous Rewind n Foe button wee Play Pause button Click Wheel 7 Serial number on back Dock connector port 034 3594 A Printed In China To Reset iPod if your iPod isn t responding Turn on iPod Turn off iPod Turn on the backlight Disable the iPod buttons in case you press them accidentally Choose a menu item Go back to the previous menu Go directly to the main menu Browse for a song Browse for a video Play a song or video Pause a song or video Do This Set the Hold switch to Hold and then tum it off again Press the Menu and Center buttons at the same time for about 6 seconds until the Apple logo appears Press any button Press and hold Play Pause gt 11 Press any button or use the Click Wheel Set the Hold switch
105. port manuals ipod and where available on the iPod CD and in iPod Help in iTunes choose Help iPod Help To view the latest tutorials on how to make the most of your iPod experience go to www apple com support ipod To register your iPod go to www apple com register www apple com ipod www apple com support ipod 2006 Apple Computer Inc All rights reserved Apple the Apple logo iPod and iTunes are trademarks of Apple Computer Inc registered in the U S and other countries Shuffle is a trademark of Apple Computer Inc iTunes Music Store is a service mark of Apple Computer Inc registered in the U S and other countries Other company and product names mentioned herein are trademarks of their respective companies iPod niano iPod nano iTunes Quick Start Welcome Congratulations on purchasing your new Pod nano iPod Dock Adapter for use with iPod accessories such as Apple Earphones the iPod Universal Dock available separately Your iPod nano also includes a case not pictured Getting Started To use iPod nano you put music photos and other files on your computer and then transfer them to iPod nano Read on to get started playing music in four easy steps For more information about what you can do with iPod nano see the Pod nano Features Guide available on the web at www apple com support manuals ipod or where available on the iPod CD and in iPod Help in iTunes
106. pparent in view of the following detailed description and appended drawings BRIEF DESCRIPTION OF THE DRAWINGS FIG 1 is a schematic diagram of a tree structure for hierarchical filing of tracks FIG 2 is a definition file that specifies the hierarchy depicted in FIG 1 FIG 3 is a user s view of the hierarchy FIG 4 is a schematic diagram of a user interface display ing the hierarchical category structure FIG 5 is a diagram of a file format for storing filed data and file attributes FIG 6 is a flow chart depicting steps for filing tracks according to the hierarchical tree structure FIG 7 depicts a tree resulting from searching the tracks and FIG 8 depicts a format for a user interface FIG 9 illustrates the NOMAD Jukebox and its user interface controls FIG 10 illustrates a sequence of display screens describ ing how to navigate to lower levels FIG 11 illustrates associations among items FIG 12 shows display screens used to search for a song or other item FIG 13 illustrates details of different items and FIG 14 illustrates a playback device coupled to a host computer system DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS A preferred embodiment of the invention will now be described in the context of a portable personal player that plays audio files stored in memory The files may be in MP3 wav or other digital formats In the presently described embodiment users are able to see the
107. pyrights relating to certain aspects of its computer systems iPods peripherals and software In addition the Company has registered and or has applied to register trademarks and service marks in the U S and a number of foreign countries for Apple the Apple logo Macintosh iPod iTunes iTunes Music Store and numerous other trademarks and service marks Although the Company believes the ownership of such patents copyrights trademarks and service marks is an important factor in its business and that its success does depend in part on the 14 http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 17 of 154 ownership thereof the Company relies primarily on the innovative skills technical competence and marketing abilities of its personnel Many of the Company s products are designed to include intellectual property obtained from third parties While it may be necessary in the future to seek or renew licenses relating to various aspects of its products and business methods the Company believes that based upon past experience and industry practice such licenses generally could be obtained on commercially reasonable terms however there is no guarantee that such licenses could be obtained at all Because of technological changes in the computer industry current extensive patent coverage and the rapid rate of issuanc
108. q yo oy QOJeJotg e 0 SUIPIODIB possooo SYY Jo Aytyeanqd oq Aed erpow ou Jo e dstp ou uo uas e dsrp pur pue puooss s1rj e A enuonbos yussoid o3 poundijuoo Io e d erpoui o qe11od e jo unrpoul o qepeo1 19jndugoo UI P3103S syen Jo Aqtyesnjd WO NOLI QUO ISVLA ye ZUNS Jo POPU y I cd r 8c6 9 ON JU938 7 S93U S pojru pod s 1e3nduio add y Aq zg b876 9 ON JaIeg SAIS POLUN Jo Wied jo quou Zungu SULMOYsS yeyo wwe Arduo xg v LIQIHXH Buos e joo es 10 Ke d 03 uonnq osneq Ae q 907 Yolo pue nuoui e ur WO ue 199 s 0 uopnq JO9 9S IY ASN o NUDUI IY ut SUID USIMIIQ IAOW 0 99U AA YOI D DY ISN 0 paap SI 1osn aq TI 18 LI YqruxH pue 7 3e pl 31qTqXd lt NUS SISnJA SU L pue NUIA VIEJA Su L NUIJA 94 uo SYM Z UOSSIT Je TI 1QUUXH ON 193ue e dstp 10 07 Qua pod ye T 3Iqnqxg y dag ye VISNOM SOUNTI pod 3qmxq 99Jnog nueui sadA 91093 oq 10 nuou 91093 ou nu ur Suos 99 NUI soureu umqje eq nuou umnq e oq NUS soureu 3518 oq NUS 35118 oY NUS soureu 3syAe d oq nuota 3si Ae d og 03 popu Jou st yng opnpour ueo uoo15s ve dsrp puooos s pod Su u 1os v dsrp IS11J 97 Jo 10893toqns SIST Jeu uoo1os e dstp puooos g 0j SUOMISULI j e origuiojne pod ou UIS e dsrp 1s11j oq ur peut st uono s B UJM 1178 LT qA pue z 1 p 3Iqnqxq NUIA ASNN ou L pue NUIJA WEWN ou NUAN 9u uo SYM
109. quirements on the iPod box to see if your computer and software are compatible Make sure you install the software that comes on the iPod CD How do know if my computer has a USB 2 0 port If songs transfer very slowly to your iPod it s probably connected to a USB 1 1 port A USB 1 1 port looks just like a USB 2 0 port To find out if your computer has a USB 2 0 port see the documentation that came with your computer What if my computer doesn t have a USB 2 0 port Although you can connect your iPod to a USB 1 1 port a high power USB 2 0 port is recommended for best performance If your Windows PC doesn t have a USB 2 0 port you can purchase and install a USB 2 0 card For more information about compatible USB 2 0 cards go to www apple com ipodstore What if connect my iPod but don t see it in iTunes Try connecting to another USB port on your computer What if my iPod isn t responding Most problems with iPod can be solved by resetting it To reset iPod Connect iPod to your computer 2 Set the Hold switch to Hold and then turn it off again 3 Press and hold the Center and Menu buttons for at least 6 seconds until the Apple logo appears Learn to Use iPod To learn to use all the features of your iPod see the iPod Features Guide The features guide has detailed instructions on using iPod answers to common problems and important safety and compliance information It can be found on the web at Www apple com sup
110. r To import music from your CDs into iTunes 1 Puta CD in your computer iTunes opens 2 Deselect any songs you don t want and then click Import To buy music and videos from the iTunes Music Store available only in some countries 1 Open iTunes and click Music Store 2 Click the Account button and follow the onscreen instructions to set up an account or enter your Apple account or AOL account information you can use your AOL account information only in some countries Step 3 Download Music and Charge the Battery Connect iPod to a USB port on your computer using the included cable Note USB 2 0 is recommended The port on your keyboard doesn t provide enough power don t use it to connect your iPod To download music and videos to iPod When you connect iPod Tunes opens Follow the simple onscreen instructions to download songs and videos to iPod You can download songs and videos to iPod while your battery is charging To charge the battery When iPod is connected to your computer the battery charges For best results the first time you use iPod let it charge for about four hours or until the battery icon shows that the battery is fully charged Step 4 Play Music and Videos When you finish downloading songs and videos a d you re ready to disconnect iPod Click the Eject amp button next to iPod in the iTunes Source list Then squeeze both sides of the connector at the end of the cable and un
111. rations in different types of items so that the interface is more intuitive For example the user can open and queue both albums and songs with predictable results The interface also provides for multiple functions for a single control For example a Play button can act in a first function to play a currently selected song The Play button can act in a second function to cycle through different playback modes The modes can be e g 1 playback of songs from a hard disk 2 playback of music from a radio receiver built into the device and 3 playback of voice messages The first function for the Play button can be activated by momentarily depressing the Play button for a short period of time The second function is invoked by depressing the Play button for a longer period of time whereupon tbe device cycles through the different modes Other ways of invoking the functions are possible such as where the second function is automatically entered from a powered down state In one embodiment the invention provides a method for selecting songs to be played in an electronic audio device wherein the device includes a display and one or more user input controls wherein songs are organized into categories albums wherein songs and albums are associated with artist names The method includes steps of displaying categories on the display accepting signals from a user input control to select a category displaying one or more songs in the
112. rch to find all songs associated with an album is easier The direction of arrow pointers in FIG 11 is not intended to limit the manner of associations among items in the present invention 10 25 Un un 60 10 Similar to albums the category of artists 162 includes names of artists or performers of songs Each artist name is associated with one or more songs in the database Playlists 164 includes names of playlists These are collec tions of songs that can be defined by the user the device manufacturer or others Each playlist can be associated with one or more songs Genres 166 includes various styles of music which are associated with one or more songs Genres 166 includes various styles of music which are associated with one or more songs in the database Note that items can exist without being associated with a song Also items can be associated with other items as where an artist name is associated with the albums containing the songs that the artist has created Although not shown in FIG 11 items can have additional information such as properties details etc associated with the item For example a song can have information such a play time artist name artist album copyright owner etc associated with the song FIG 12 illustrates display screens used to search for a song or other item In FIG 12 screen 180 is the initial library screen as discussed above If the user invokes the Search command via
113. rdon Rag No 36 943 Total number of pages including oper Name of Person Signing sheet attachments and documents Documents to ba recorded including cover sheet should be faxed to 703 306 5995 or mailed to Mail Stop Ass ent Recordation Services Director of the USPTO P O Box 1450 Alexandria V A 22313 1450 07 16 2004 DBYRNE 00000027 09755723 01 Fes8021 40 00 0P PATENT 700150404 REEL 015640 FRAME 0748 CL 000036 02 01 05 12 27 FAX 408 428 6699 CLI 3 002 Jul OS 04 11 50a dave bristow 206 7860 24596 P 2 2 7 Attorney Docket No 6407P212 ASSIGNMENT In consideration of good and valuable consideration the receipt of which is hereby acknowledged the undersigned BRISTOW David 5988 NE Tolo Road Bainbridge Island Washington 98110 hereby sells assigns and transfers to Creative Technology Limited a corporation of Singapore having a principal place of business at 31 Intemational Business Park Creative Resource Singapore 609921 Assignee and its successors assigns and lega representatives the entire right title and interest for the United States and all foreign countries in and to any and all improvements that are disclosed in the application for the United States patent that has been executed by the undersigned prior hereto or concurrently herewith on the dates indicated below and is entitled AUTOMATIC HIERARCHICAL CATEGORIZATION OF MUSIC BY METADATA filed as Application No 09 755 723 on
114. rehensive product information as well as technical assistance and the AppleCare Protection Plan The AppleCare Protection Plan is a fee based service that typically includes three years of phone support and hardware repairs dedicated web based support resources and user diagnostic tools Markets and Distribution The Company s customers are primarily in the education creative consumer and business markets The Company distributes its products through wholesalers resellers national and regional retailers and 12 http phx corporate ir net phoenix zhtml c 107357 amp p irol SECText amp TEXT aHROcDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 15 of 154 cataloguers No individual customer accounted for more than 10 of net sales in 2005 2004 or 2003 The Company also sells many of its products and resells certain third party products in most of its major markets directly to consumers education customers and businesses through its retail and online stores in the U S and internationally Over 12 of the Company s net sales in 2005 were through its U S education channel including sales to elementary and secondary schools higher education institutions and individual customers Competition The Company is confronted by aggressive competition in all areas of its business The market for personal computers and related software and peripheral products is highly competitive This market continues to be characterized by rap
115. resenting a listing of tracks associated with the selected album in a fourth sequentially presented display screen 11 The method of selecting a track as recited in claim 1 wherein the category artist is selected in the first display screen from available categories that include at least artist album and genre the subcategories listed in the second display screen comprise a listing of names of artists and a first artist name is selected and the items displayed in the third display screen comprises at least one album associated with the first artist name 12 The method of selecting a track as recited in claim 1 wherein the track is a music track accessing at least one track comprises accessing a track title in the third display screen and the track is played in response to the access 13 The method of selecting a track as recited in claim 1 wherein receipt of the selection in the first display screen results in an automatic transition of the first display screen into the second display screen and receipt of the selection in the second display screen results in an automatic transition of the second display screen into the third display screen 14 The method of selecting a track as recited in claim 1 wherein the category selected in the first display screen is from a top level of the hierarchy 15 The method of selecting a track as recited in claim 1 wherein the category selected in the first display screen is a category from a level
116. results in more efficient use of storage resources Since Xsan is interoperable with ADIC s StorNext File System it can be used in heterogeneous environments that include Windows UNIX and Linux server operating system platforms Professional Application Software In April 2005 the Company announced Final Cut StudioTM a High Definition HD video production suite that features Final Cut Pro 5 the Company s editing software for Digital Video DV Standard Definition SD HD and film Final Cut Studio also includes tools that complement Final Cut Pro 5 such as Soundtrack Pro a new application that gives audio and video professionals a way to create control and repair audio Motion 2 an application that allows real time motion graphics design and DVD Studio Pro amp 4 DVD authoring software that burns DVDs including high definition DVDs to the latest HD DVD specification These components of Final Cut Studio are also sold separately Final Cut Pro 5 the latest version of the Company s video editing software which began shipping in April 2005 includes editing tools that work with most formats from DV and native High Definition Video HDV to fully uncompressed HD Final Cut Pro 5 acquires HDV media via FireWire and keeps it in the original format transferring it into the system without any generation loss With a real time multi stream effects architecture multicam editing tools and advanced color correction Final Cut Pro 5 enables us
117. revious Rewind I Select a song and then press and hold the Center button until the song title flashes Frequently Asked Questions How do know if my computer is compatible with iPod nano Check the system requirements on the iPod nano box to see if your computer and software are compatible Make sure you install the software that comes on the iPod CD How do know if my computer has a USB 2 0 port If songs transfer very slowly to your iPod nano it s probably connected to a USB 1 1 port A USB 1 1 port looks just like a USB 2 0 port To find out if your computer has a USB 2 0 port see the documentation that came with your computer What if my computer doesn t have a USB 2 0 port Although you can connect your iPod nano to a USB 1 1 port a high power USB 2 0 port is recommended for best performance If your Windows PC doesn t have a USB 2 0 port you can purchase and install a USB 2 0 card For more information about compatible USB 2 0 cards go to www apple com ipodstore What if connect my iPod nano but don t see it in iTunes Try connecting to another USB port on your computer What if my iPod nano isn t responding Most problems with iPod nano can be solved by resetting it To reset iPod nano Connect iPod nano to your computer Set the Hold switch to Hold and then turn it off again 3 Press and hold the Center and Menu buttons for at least 6 seconds until the Apple logo appears Learn to Use iPod na
118. rts filed pursuant to Sections 13 a and 15 d of the Securities Exchange Act of 1934 as amended are available on its website at http www apple com investor when such reports are available on the U S Securities and Exchange Commission SEC website The public may read and copy any materials filed by the Company with the SEC at the SEC s Public Reference Room at 100 F Street NE Room 1580 Washington DC 20549 The public may obtain information on the operation of the Public Reference Room by calling the SEC at 1 800 SEC 0330 The SEC maintains an Internet site that contains reports proxy and information statements and other information regarding issuers that file electronically with the SEC at http www sec gov The contents of these websites are not incorporated into this filing Further the Company s references to the URLs for these websites are intended to be inactive textual references only Item 2 Properties The Company s headquarters are located in Cupertino California The Company has manufacturing facilities in Cork Ireland As of September 24 2005 the Company leased approximately 3 6 million square feet of space primarily in the U S and to a lesser extent in Europe Japan Canada and the Asia Pacific region The major facility leases are for terms of 5 to 15 years and generally provide renewal options for terms of 3 to 5 additional years Leased space includes approximately 902 000 square feet of retail space a majority of which
119. s are assembled in China Exhibit 3 Similarly Exhibit 7 shows the packaging of an iPod purchased in the United States from Apple through its www apple com web site Exhibit 7 shows that the iPod was assembled in China Included with the device is an instructional manual directing the user on use of the product Exhibits 5 and 6 In addition Apple directs the user to consult www apple com for additional information concerning use of the product Exhibits 5 and 6 VII HARMONIZED TARIFF SCHEDULE ITEM NUMBERS 38 On information and belief the infringing processors processing systems and products containing same have been imported into the United States under at a minimum section 8519 and its subsections of the United States Harmonized Tariff Schedule IX RELATED LITIGATION 39 There is no related litigation involving the Asserted Patent at this time Creative will be filing a concurrent district court action however X THE DOMESTIC INDUSTRY 40 A domestic industry exists as defined under 19 U S C 1337 a 3 A B and C comprised of investment in employment of land labor and capital devoted to the 9 exploitation of the patented technology through activities such as research and development engineering and support of products that practice the Asserted Patent A United States Investments in Plant and Equipment Labor and Capital 41 Creative has made substantial investments in the United States in plants equipmen
120. ser in ways that infringe the Asserted Patent The iPods and iPod Nanos are not staple articles of commerce and Apple knows or should know that these players have no substantial non infringing uses C Inducement of Infringement 33 Apple also actively and knowingly aids and abets the direct infringement of Creative s 433 Patent by Apple s customers constituting active inducement to infringe under 35 U S C 271 b 34 Apple induces infringement of the method claims of the 433 Patent by actively inducing its customers in the United States to operate iPods and iPod Nanos in direct infringement of the asserted claims For example the operating manual that accompanies iPod and iPod Nano instructs and directs the purchaser on how to use the hierarchical categorization of music as claimed in the 433 Patent See e g Exhibit 5 iPod User Manual Exhibit 6 iPod Nano User Manual 8 35 Apple engages in these unlawful acts despite its actual knowledge of the 433 Patent VII SPECIFIC INSTANCE OF UNFAIR IMPORTATION AND SALE 36 On information and belief Apple imports sells for importation into the United States and or sells within the United States after importation portable digital media players that infringe the asserted claims of the 433 Patent Exemplary products are the iPod products including the iPod and iPod Nano 37 As indicated above Apple s most recent 10 K Report states that substantially all of its iPod
121. spite initially leading Creative to believe that Apple and Creative could explore joint business opportunities Apple abruptly indicated that there was not enough financial room in the portable digital media player market for two companies with margins stacked one on top of the other and therefore proposed that Creative license its technology to Apple Apple further proposed that Creative spin off its portable digital media player business into a ne company and that Apple would then invest in that entity Creative declined the offer 16 Then on October 23 2001 Apple announced the introduction of its first iPod Apple in its press release stated that it has applied its legendary expertise in human interface engineering to make iPod the easiest to use digital device ever Apple further touted the iPod s capability to access a huge collection of music by selecting and clicking on playlists artists or songs 17 Apple and others acting on its behalf manufacture sell for importation import and sell after importation portable digital media players such as the iPod and iPod Nano that infringe the Asserted Patent Exhibit 4 As set forth in Apple s 2005 Form10 K Annual Report filed with the SEC final assembly of substantially all of the Company s portable products including iPods are performed by third party vendors in China Exhibit 3 On information and belief in addition to operating www apple com and 1 800 My Apple Apple has 116 retail
122. ssigns and representatives all facts known to the undersigned relating to said improvements and the history thereof and generally assist said Assignee its successors assigns or representatives in securing and maintaining proper patent protection for said improvements and for vesting title to said improvements and all applications for patents and all patents on said improvements in sald Assignee its Successors assigns and legal representatives and l covenant with said Assignee its successors assigns and legal representatives that no assignment grant mortgage license or other agreement affecting the rights and property herein conveyed has been made to others by the undersigned and that full right to convey the same as herein expressed is possessed by the undersigned EL Rev 09 01 2002 A1 PATENT REEL 015640 FRAME 0749 CL 000037 em FAX 408 428 6699 Each Inventor Please Sign and Date Below RECORDED 07 15 2004 CLI 1 508 dave bristou 4 003 206 78D 2496 P 3 4 Attorney Docket No 6407P212 Each Inventor Please also list the date that you signed the accompanying DECLARATION AND POWER OF ATTORNEY Rev 09 01 2002 A1 PATENT REEL 015640 FRAME 0750 CL 000038 CL 000039 Apple Investor Relations SEC Filings Page 1 of 154 Store iPod iTunes Mac QuickTime Support Mac OS X Hot News Switch Hardware Software MadedMac Education Pro Business Developer Where to Bu
123. t labor and capital both directly and through its wholly owned subsidiaries Creative Labs Inc and Creative Advanced Technology Center in products that practice the claimed invention Although the products themselves are made abroad Creative s investments in the United States devoted to the patented technology include the following facilities that provide development and or support for products that practice the patent Creative Advanced Technology Center in Scotts Valley California and Boulder Colorado and Creative Labs Inc with facilities in Milpitas and Fremont California and in Stillwater Oklahoma Creative advanced Technology Center is a research and development center where the patented technology was invented and where Creative researches ways to improve products that practice the 433 Patent The Stillwater facility provides customer support with other testing and refurbishing services for portable digital media players that practice the 433 Patent The Milpitas location provides additional product development and testing including regulatory compliance testing and compatibility testing Finally the Fremont facility provides product servicing and quality assurance for portable digital media players that practice the 433 Patent These investments are itemized in Confidential Exhibit 8 B Representative Claim Chart for the Creative Zen Vision MTM Portable MP3 player 42 Exhibit 9 is a list of Creative products that prac
124. talled base through sales to computer users who currently do not own a Macintosh computer and first time personal computer buyers By operating its own stores and building them in desirable high traffic locations the Company is able to better control the customer retail experience and attract new customers The stores are designed to simplify and enhance the presentation and marketing of personal computing products To that end retail store configurations have evolved into various sizes in order to accommodate market demands The stores employ experienced and knowledgeable personnel who provide product advice and certain hardware support services The stores offer a wide selection of third party hardware software and various other computing products and supplies selected to complement the Company s own products Additionally the stores provide a forum in which the Company is able to present computing solutions to users in areas such as digital photography digital video music children s software and home and small business computing Education For more than 25 years the Company has focused on the use of technology in education and has been committed to delivering tools to help educators teach and students learn The Company believes effective integration of technology into classroom instruction can result in higher levels of student achievement especially when used to support collaboration information access and the expression and representation
125. the appropriate soft button with Albums selected then screen 182 is displayed Note that the search function can be applied to any of the categories The user can depress the Plus or Minus soft buttons to cycle through the alphabet and change the character in tbe current location as indicated by the cursor The cursor position is changed by using the scroll up scroll down buttons 128 and 130 respectively of FIG 9 As each letter is entered the letters are compared and the nearest match of the stored albums names is displayed as shown in screen 184 When the desired match is displayed the user selects the Go command Screen 186 shows the result of selecting the Go command list of albums is displayed with the matched album centered and selected The user can close open or queue the album as discussed above FIG 13 illustrates details of different items In FIG 13 screen 200 illustrates details displayed as a result of selecting the Details command from soft button 1A track is selected Screen 200 shows that details of the track JukeBox Demo shows the name of the album that the track resides on the creator or copyright owner of the track and the playing time of the track Screen 202 illustrates details of an item on the active queue list Items are placed onto the active queue list be selecting the Queue command when an album song track or other item is selected as discussed above For example screen 204 shows th
126. the latest version of the Company s professional DVD authoring application With DVD Studio Pro 4 and its integrated scalable H 264 encoding users can author SD or HD DVDs DVD Studio Pro 4 allows users to preview HD content in real time with a second Digital Cinema Desktop and audition surround sound using S PDIF digital audio out to an external DTS or Dolby Digital AC 3 decoder Its interactive graphical view also enables users to edit display menus tracks slideshows scripts http phx corporate ir net phoenix zhtm1 c 107357 amp p irol SECText amp TEXT aHR0cDovL2NjYm 3 30 2006 Apple Investor Relations SEC Filings Page 11 of 154 and stories of a DVD project in a storyboard layout DVD Studio Pro 4 includes Compressor 2 a full featured video and audio compression application Compressor gives users control over encoding including the ability to encode several clips in one batch operation to a wide variety of formats and perform advanced format conversions at the same time In April 2005 the Company announced Shake 4 an upgrade to the Company s compositing software which began shipping in June 2005 Used to create visual effects for film and television Shake 4 features 3D multi plane compositing optical flow image processing and integration with Final Cut Pro 5 Users can composite live action and 3D CGI layers with added realism using OpenGL accelerated 3D multi plane compositing node Other features include advanced optical fl
127. tice one or more of the asserted claims Exhibit 10 is an exemplary claim chart showing how Creative s Zen Vision MTM portable MP3 player practices at least claim 5 of the 433 Patent 10 XI RELIEF REQUESTED 43 WHEREFORE by reason of the foregoing Complainants Creative Technology Ltd and Creative Labs Inc respectfully request that the United States International Trade Commission a Institute an immediate investigation pursuant to Section 337 of the Tariff Act of 1930 as amended 19 U S C 1337 a B 1 and b 1 with respect to violations of Section 337 based upon the importation sale for importation and sale after importation into the United States of all Apple products or products made on behalf of Apple that infringe one or more of the asserted claims of Creative s United States Letters Patent No 6 928 433 b Schedule and conduct a hearing on said unlawful acts and following said hearing c Issue a permanent exclusion order pursuant to 19 U S C 1337 d 1 barring from entry into the United States all products made by or on behalf of Apple that infringe one or more asserted claims of Creative s United States Letters Patent No 6 928 433 d Issue permanent cease and desist orders pursuant to 19 U S C 1337 f directing Apple and others acting on its behalf to cease and desist from importing marketing advertising demonstrating warehousing inventory for distribution offering for sale sellin
128. to Hold an orange bar appears Move your thumb around the Click Wheel to scroll to the item and then press the Center button Press Menu Press and hold Menu Choose Music from the main menu Choose Videos from the main menu Select the song or video and press the Center or Play Pause gt it button iPod must be ejected from your computer to play songs Press Play Pause gt II or unplug your headphones To Change the volume Play ali the songs in a list Play all songs in random order Skip to any point in a song or video Skip to the next song or video Start a song or video over Play the previous song or video Fast forward or rewind a song or video Add a song to the On The Go playlist Do This From the Now Playing screen move your thumb around the Click Wheel Select the list title an album title or the title of a playlist for example and press Play Pause P11 From the main menu choose Shuffle Songs From the Now Playing screen press the Center button to show the scrubber bar Then scroll to any point in the song or video Press Next Fast forward gt b Press Previous Rewind t lt Press Previous Rewind H4 twice Press and hold Next Fast forward gt gt or Previous Rewind 84 Select a song and then press and hold the Center button until the song title flashes Frequently Asked Questions How do know if my computer is compatible with iPod Check the system re
129. ts at Note 11 Segment Information and Geographic Data Seasonal Business The Company has historically experienced increased net sales in its first and fourth fiscal quarters compared to other quarters in its fiscal year due to seasonal demand related to the holiday season and the beginning of the school year This historical pattern should not be considered a reliable indicator of the Company s future net sales or financial performance Warranty The Company offers a basic limited parts and labor warranty on its hardware products The basic warranty period for hardware products is typically one year from the date of purchase by the end user The Company also offers a 90 day basic warranty for its service parts used to repair the Company s hardware products In addition consumers may purchase extended service coverage on most of the Company s hardware products in all of its major markets Backlog In the Company s experience the actual amount of product backlog at any particular time is not a meaningful indication of its future business prospects In particular backlog often increases in anticipation of or immediately following new product introductions because of over ordering by dealers anticipating shortages Backlog often is reduced once dealers and customers believe they can obtain sufficient supply Because of the foregoing backlog should not be considered a reliable indicator of the Company s ability to achieve any particular level of
130. udes Mighty Mouse the Company s next generation mouse featuring up to four programmable buttons and a Scroll Ball that lets users scroll vertically horizontally and diagonally Xserve and Xserve RAID Storage System Xserve is a rack mount server product designed for simple setup and remote management of intensive I O applications such as digital video high resolution digital imagery and large databases In January 2005 the Company upgraded Xserve G which is now available with either a single 2 0GHz or dual 2 3GHz PowerPC G5 processor Xserve GS includes a system controller with up to 16GB of PC3200 error correcting code memory three hot plug Serial ATA drive modules that deliver up to 1 5TB of storage and dual on board Gigabit Ethernet for high performance networking The Company s Xserve RAID storage system was updated in September 2005 to deliver up to 7 terabytes of storage capacity and also expanded support for heterogeneous environments The dual independent RAID controllers with 512MB cache per controller offer sustained throughput of over 385 Mbps high enough to support media production environments using protected RAID level 5 iMac The iMac line of desktop computers is targeted at consumer and education markets In October 2005 the Company introduced the new iMac GS featuring the PowerPC GS processor a built in iSight video camera and a design that integrates the entire computer into either a 17 inch or 20 inch widescreen
131. ued availability of these components may be affected if producers were to decide to concentrate on the production of common components instead of components customized to meet the Company s requirements In June 2005 the Company announced its intention to transition its Macintosh computers using the PowerPC G5 and G4 microprocessors which are currently single sourced to Intel microprocessors by the end of calendar year 2007 The announcement of this transition may impact the continued availability on acceptable terms of certain components and services including PowerPC G5 and G4 microprocessors The Company attempts to mitigate these potential risks by working closely with these and other key suppliers on product introduction plans strategic inventories coordinated product introductions and internal and external manufacturing schedules and levels Consistent with industry practice the Company acquires components through a combination of formal purchase orders supplier contracts and open orders based on projected demand information The Company s purchase commitments typically cover its requirements for periods ranging from 30 to 150 days The Company believes there are several component suppliers and manufacturing vendors whose loss to the Company could have a material adverse effect upon the Company s business and financial position At this time such vendors include Agere Systems Inc Ambit Microsystems Corporation ASUSTeK Corporation ATI Tec
132. utton commands are Close Open and Queue These com mands correspond to soft button 110 112 and 114 respec tively If the user selects the Close command the display reverts to library category screen 150 If the user selects the Open command the display shows tracks screen 156 Alternatively the user can select the Queue command to instruct the device to place all the songs from the selected i e highlighted list into the play list for eventual playback Yet another option allows the user to press play button 122 of FIG 9 to cause any currently selected songs or a list of songs e g an album to immediately be played Returning to FIG 10 tracks screen 156 shows that a single song called JukeBox Demo is in the list The list is also called JukeBox Demo as shown in lists screen 154 Tracks screen 156 shows possible soft commands assigned to buttons namely Close Details and Queue The Close button performs the same function as before it returns the user to the previous screen which in this case is lists screen 154 The user can also select the Details com mand to cause details of the song JukeBox Demo to be displayed in details screen 158 as shown in FIG 10 The user can select the Queue command by soft butto 114 to enter the selected song into the play list queue As before the user can also depress play button 122 of FIG 9 to cause immediate playback of the selected song Details scr
133. y 3 Investor Relations Earnings Releases mSEGhilingse Financial History Governance FAQ Calendar ContactUs Stockinfo SEC Filings 10 K APPLE COMPUTER INC Filed This 10 K On Dec 01 2005 Previous Page Next Page gt gt UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington D C 20549 Form 10 K Mark One gt x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 d OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended September 24 2005 or TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 d OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 0 10030 APPLE COMPUTER INC Exact name of registrant as specified in its charter CALIFORNIA 942404110 State or other jurisdiction LR S Employer of incorporation or organization Identification No 1 Infinite Loop Cupertino California 95014 Address of principal executive offices Zip Code Registrant s telephone number including area code 408 996 1010 Securities registered pursuant to Section 12 b of the Act None Securities registered pursuant to Section 12 g of the Act Common Stock no par value Titles of classes Indicate by check mark whether the registrant 1 has filed all reports required to be filed by Section 13 or 15 d of the Securities Exchange Act of 1934 during the preceding 12 months or for such shorter period that the registrant was required to file suc
134. ype 2 2 Binary 0 ASCII 1 Attr 1 name len 4 2 Length of attribute name string Attr1 data len 6 4 Length of attribute data Attri Name 10 N Attribute name string Attr 1 Data 10 N M Attribute data Attr N type Attr 1 name len Attr1 data len Attri Name Attr 1 Data aassaa ac a v CL 000017 US 6 928 433 B2 continued Required Attributes Attribute Name Value s Remarks TITLE ASCII string CODEC MP3 WMA WAV TRACK ID DWORD Set By Jukebox ALBUM ASCII string Optional ARTIST ASCII string Optional GENRE ASCII string Optional LENGTH In seconds Optional TRACK SIZE In bytes Optional TRACK NUM 1 n track within album Optional These attributes can be subsequently changeable via a host application running on a personal computer connected to the portable music player FIG 6 shows a flow chart of an embodiment the process used to build the hierarchical database of tracks It starts by iterating through each track and for each track iterating through each branch to find if the track belongs on the branch and if so where In this case the term track could refer to any content e g a music track a spoken word track or even a video track Also tbe hierarchical catalog of tracks can be used to form playlists in a structured manner For example if a user wants to hear Jazz and Blues the entire sub categories can be selected to form one playlist An alternative hierarchical catalog generatio

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