Invalidity dossier

US 11039218

Current assignee: Sportradar US LLC, Sportradar Solutions LLC, Sportradar AG

Added 8/28/2026, 4:00:24 AM

At a glanceNo PTAB challenges6 lawsuits on fileasserted by Sportradar US LLC +2Media & Broadcasting (T)

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

✓ Generated

Summary: U.S. Patent No. 11,039,218 (US11039218B1)

Bibliographic data

Field Value
Patent No. US 11,039,218 B1 (US11039218B1)
Title Systems, apparatus and methods for rendering digital content relating to a sporting event with online gaming information
Inventors Kevin April; Peter Azuolas (also rendered "Azoulas" in some records); Philip Nicholas Schupak; Brian Silston
Original Assignee SportscastrLive LLC (later assigned to SPORTSCASTR.LIVE LLC, then to Sportscastr Inc.; litigated as SportsCastr Inc. d/b/a PANDA Interactive)
Application / Filing Date US 17/141,631 — filed January 5, 2021
Issue Date June 15, 2021
Priority Date August 5, 2016 (Provisional 62/371,558; plus provisionals 62/435,361, 62/485,878, 62/518,506)
Family Continuation of US 10,805,687US 10,425,697 → PCT/US2017/045801
Status / Expiration Active; anticipated expiration August 7, 2037
Classifications H04N 21/2187 (live feed), H04L 65/608, H04N 21/4788, H04N 21/2343, H04N 21/4316, H04N 21/47217, H04N 21/8456, etc.

Source: Google Patents record and USPTO/PTAB file-history exhibits (IPR2024-01305, IPR2025-00269, IPR2025-00273).

Abstract (as published)

"Systems, apparatus, and methods are disclosed for obtaining, substantially in real time, via at least one communication interface over at least one network, an audio and/or visual feed generated by a broadcaster client device during at least one live event, wherein the audio and/or visual feed includes commentary associated with the at least one live event, and a separate event data feed including real time information associated with the at least one live event. The commentary and the real time information associated with the at least one live event are transmitted via at least one processor communicatively coupled to the at least one communication interface, so as to provide, substantially in real time, streaming content via the at least one communication interface over the at least one network to at least one display device for concurrent display of the commentary and a graphical ticker based on the real time information associated with the event."

Independent claims — plain-language overview

The patent has four independent claims (1, 12, 16, 21); dependent claims 2–11 and 13–15 chain from claims 1 and 12, and the patent contains at least 30 claims (IPR2024-01311 challenged claims 16–30). The claim text below is as reproduced in official PTAB filings (e.g., the IPR2024-01305 petition quoting the issued claims at 57:35–60:34); note that the specification's "Summary" section (in the Google Patents rendering) describes somewhat broader media-source/control-server/socket-server embodiments, so there is minor variance between the specification's illustrative embodiments and the final amended claim language.

  • Claim 1 (system): A system for controlling viewer client devices to receive (i) first digital content relating to a first sporting event and (ii) first event information germane to that event, where the event information includes online gaming information. It comprises: (A) a control server that periodically retrieves the event information over the Internet; (B) at least one socket server coupled to the control server that receives the event information and transmits at least some of it (including the online gaming information) to a viewer client device over a first event information Internet communication channel tied to a first event socket corresponding to the event; and (C) at least one web server that sends the viewer (1) a first Internet address of a media source to establish a separate video Internet communication channel carrying the digital content, and (2) a first socket address of the event socket to establish the event-information channel carrying the online gaming information. In essence: a two-channel architecture — video on one channel, online gaming/event data on a socket-based channel — with a server pushing the data to many viewers in a synchronized, low-latency way.

  • Claim 12 (method): A method for providing, to a first client device, first event information for a sporting event that includes first online gaming information. It comprises: (A) transmitting the online gaming information to the client device via an event information communication channel between a first event socket of a socket server and the client device (the socket corresponding to the event); and (B) transmitting at least one instruction causing the client device to request a first copy of a first stream of digital content relating to the sporting event. In essence: the server side pushes gaming/event data over a dedicated socket channel and directs the client to fetch the video stream separately.

  • Claim 16 (method): A method of providing a viewer client device a sporting-event stream together with first online gaming information. It comprises: (A) transmitting a first instruction causing the viewer device to receive a copy of a stream of digital content for the sporting event via a first video communication channel; and (B) transmitting a second instruction causing the viewer device to receive the online gaming information via a first event information communication channel between a first event socket of a socket server and the viewer device — where the event-information channel is different from the video channel. In essence: explicitly separating the video path from the online-gaming/event-data path.

  • Claim 21 (method): A method of transmitting instructions to a client device having a display, to cause that display to render a video of a first sporting event and render online gaming information relating to it. The instructions cause the client device to: receive first digital content (the video) on a first communication channel and render the video; and receive second digital content (the online gaming information) on a second communication channel different from the first and render it. In essence: the client-side rendering behavior — pulling video and gaming data over two separate channels and displaying both simultaneously.

Litigation / PTAB / CAFC status (as of the searches)

  • CAFC docket 26-1803 — SportsCastr Inc. v. Genius Sports Ltd.: Appeal from the PTAB (originating case IPR2024-01311), filed per search results on or about May 6–8, 2026 (the docket source lists "Filed 05/08/26"; the underlying PTAB notice of appeal is dated May 6, 2026). ⚠️ Note: these dates fall slightly after the stated "current date" of April 26, 2026, so treat them as reported by the docket sources with that caveat.
  • PTAB IPR2024-01310 & IPR2024-01311 (Genius Sports Ltd. v. SportsCastr Inc.): Both petitions reached Final Written Decision (FWD issued ~March 13, 2026 for IPR2024-01311; Google Patents metadata marks both cases "Final Written Decision"). In IPR2024-01310, Patent Owner filed a Request for Director Review (Apr 2, 2026) and the Board authorized a Petitioner response (Apr 9, 2026). Patent Owner's Notice of Appeal in IPR2024-01311 (May 6, 2026) led to CAFC 26-1803.
  • PTAB IPR2025-00269, -00273, -00275 (Sportradar AG): Filed December 2024; Google Patents metadata marks these "Not Instituted – Procedural" (denied institution).
  • District court: Texas Eastern District Court cases 2:23-cv-00471, 2:23-cv-00472 (2023) and 2:25-cv-00335 (2025) involving the patent.

Uncertainty notes

  1. Claim text source: The exact issued claim language of claims 1 and 12 is reproduced here from PTAB petition exhibits (official USPTO filings quoting Ex. 1009); I did not independently verify every clause against the USPTO Patent Center claims text. The Google Patents rendering supplied in the prompt describes the system embodiments with a "plurality of media sources" element that does not appear verbatim in the final claim 1 as quoted in the IPR petition — I flag this as the main source discrepancy.
  2. Total claim count: IPR filings reference claims up to 30, but I did not confirm the exact final count (24 vs. 30) from an authoritative source; treat "≥24 claims, likely 30" as approximate.
  3. CAFC filing date: The docket source lists 05/08/26, which postdates the stated current date; the exact filing date should be confirmed against PACER.

Generated 8/28/2026, 4:47:22 AM

Cases on file (6)

Group view →

Specific litigation cases in our database that name US patent 11039218. The free-form analysis below may also discuss cases beyond this list.

Lawsuits filed per year

2023: 2 cases2'232024: 2 cases'242025: 1 case'25
Cases asserting US 11039218, by filing year.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

Based on my searches, US Patent No. 11,039,218 (US11039218B1; "the '218 patent"), owned/asserted by SportsCastr Inc. (d/b/a PANDA Interactive), is involved in the following known proceedings. Note: the patent number "11039218" and "11,039,218" refer to the same patent (US11039218B1).

District Court Litigation

1. SportsCastr Inc. v. Genius Sports Ltd., et al. — No. 2:23-cv-00471-JRG (E.D. Tex., Marshall Division)

2. SportsCastr Inc. v. Sportradar Group AG, et al. — No. 2:23-cv-00472-JRG (E.D. Tex., Marshall Division)

3. Sportradar US LLC, et al. v. SportsCastr, Inc. d/b/a Panda Interactive — No. 2:25-cv-00335 (E.D. Tex.)

PTAB / Inter Partes Review

4. Genius Sports Ltd. v. SportsCastr Inc. (d/b/a PANDA Interactive) — IPR2024-01310 (P.T.A.B.)

5. Genius Sports Ltd. v. SportsCastr Inc. (d/b/a PANDA Interactive) — IPR2024-01311 (P.T.A.B.)

6. Sportradar AG v. SportsCastr Inc. (d/b/a PANDA Interactive) — IPR2025-00273 (P.T.A.B.)

7. Sportradar AG v. SportsCastr Inc. (d/b/a PANDA Interactive) — IPR2025-00275 (P.T.A.B.)

  • Petitioner: Sportradar AG
  • Patent Owner: SportsCastr Inc.
  • Filed: December 11, 2024 (per SportsCastr's Updated Mandatory Notices, June 20, 2025)
  • Status: Not instituted – procedural (per Google Patents litigation listing)
  • Source: https://portal.unifiedpatents.com/ptab/case/IPR2025-00275

Federal Circuit Appeal

8. Appeal No. 26-1803 (U.S. Court of Appeals for the Federal Circuit)

Possibly Related (Unconfirmed as involving the '218 patent)

  • Sportradar US LLC, Sportradar Solutions LLC, Sportradar AG v. Sportscastr, Inc. d/b/a Panda Interactive, No. 1:24-cv-00170 — CourtListener shows this case was initially before Judge Colm F. Connolly and later "reassigned to District Judge John Campbell Barker of the United States District Court for the Eastern District of Texas" (suggesting a transfer). My searches did not confirm that the '218 patent is asserted in this specific case, and Google Patents does not list it among the '218 patent's litigation. I therefore flag it as related-party litigation without confirming '218 involvement.
  • Source: https://www.courtlistener.com/docket/68238915/feed/

Summary

The '218 patent is centrally involved in (a) two consolidated E.D. Tex. infringement actions filed by SportsCastr against Genius Sports (2:23-cv-00471) and Sportradar (2:23-cv-00472) on October 5, 2023 — both still pending; (b) a Sportradar declaratory-judgment action (2:25-cv-00335, filed April 4, 2025, listed as closed); (c) two Genius Sports IPRs (IPR2024-01310 and IPR2024-01311, filed Aug. 23, 2024) that were instituted and have reached Final Written Decisions (with a Director Review request pending in -01310); (d) two Sportradar IPR petitions (IPR2025-00273 and IPR2025-00275, filed Dec. 11, 2024) that were not instituted; and (e) a CAFC appeal, No. 26-1803, the parties/scope of which I could not confirm.

Caveat: Several status entries (particularly the May 6, 2026 appeal date in IPR2024-01311 and the details of CAFC 26-1803) come from third-party databases that I could not fully verify given search limits; check PACER/PTAB for the current official status.

Generated 8/28/2026, 4:47:10 AM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

Current assignee: Sportradar US LLC, Sportradar Solutions LLC, Sportradar AG

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

PTAB Proceedings on US 11,039,218 (US11039218)

Data-source note up front. The USPTO ODP/PTAB structured block in this prompt reports no AIA trial proceedings — that ingest appears stale. The patent's own litigation metadata on Google Patents (fetched 2026-08-28) and multiple PTAB docket aggregators independently confirm four IPRs on this patent: IPR2024-01310, IPR2024-01311 (both Genius Sports Ltd., both instituted, both reached Final Written Decision on 2026-03-13), and IPR2025-00273, IPR2025-00275 (both Sportradar AG, both institution-denied on 2025-06-25). One Federal Circuit appeal (docket 26-1803) is also on file. I flag these below rather than defaulting to "no PTAB activity."

Proceedings overview

Four AIA trial proceedings have been filed against US 11,039,218 — two instituted IPRs that went to Final Written Decision (Genius Sports, both FWDs issued 2026-03-13) and two institution-denied IPRs (Sportradar, discretionary denials 2025-06-25). No claims are formally canceled yet — the Patent Owner (SportsCastr Inc., d/b/a PANDA Interactive) has a Director Review request pending in IPR2024-01310 and has appealed IPR2024-01311 to the Federal Circuit (26-1803) — but the docket title of the IPR2024-01311 FWD states it "Determin[ed] All Challenged Claims Unpatentable" (claims 16–30), and the parallel FWD in IPR2024-01310 (claims 1–15) drew an immediate Director Review request, signaling an adverse result there too. Bottom line for a defendant: every one of the patent's 30 claims has now been through PTAB trial, the Board has found claims 16–30 unpatentable, and claims 1–15 are very likely on the same path — this is a patent in active retreat, and any assertion built on claims 16–30 is fighting an on-record PTAB unpatentability finding.


IPR2024-01311 — Genius Sports Ltd. v. SportsCastr Inc.

  • Type: Inter Partes Review
  • Filed: 2024-08-23
  • Status: Final Written Decision (2026-03-13) — docket aggregators list it as "Final Written Decision – Appealed"; Patent Owner filed a Notice of Appeal on 2026-05-06
  • Judge panel: Thu A. Dang (lead), Stephen E. Belisle, Jon M. Jurgovan — per the oral-hearing transcript of 2025-12-18 (filed 2026-01-07); note a Panel Change Order issued 2025-11-07, so verify the FWD's own signature block
  • Petition grounds (challenged claims 16–30; independent claims 16 and 21):
    • Ground 1: Claims 16–30 obvious over Ellis (US 2014/0229992) in view of Spivey (US 2016/0036910) — § 103
    • Ground 2A: Claims 21–22, 27–28 over Herzog (US 2015/0163379) — § 102/§ 103
    • Ground 2B: Claims 25–26, 30 over Herzog in view of Ellis — § 103
    • Ground 2C: Claims 16–20, 23–24, 29 over Herzog in view of Spivey — § 103
    • (Ground structure per Patent Owner's Response, which contests each ground; primary contested limitations were the claimed "event socket" and "online gaming information.")
  • Institution decision: Granted 2025-03-17
  • Final Written Decision: Issued 2026-03-13 (Paper 46/47). The docket entry title reads: "JUDGMENT — Final Written Decision Determining All Challenged Claims Unpatentable — Denying Petitioner's Motion to Exclude." That means the Board found all challenged claims 16–30 unpatentable over the Ellis/Spivey/Herzog grounds and denied Patent Owner's motion to exclude petitioner's evidence. I have not pulled the FWD text itself, so I cannot quote the panel's claim-by-claim reasoning verbatim — verify the paper at PTAB E2E before relying on it in a pleading.
  • Settlement / termination: No settlement. Terminated by FWD on 2026-03-13.
  • Appeal: Yes — Patent Owner's Notice of Appeal filed 2026-05-06; Federal Circuit docket 26-1803 (per the patent's litigation metadata). As of 2026-08-28 the appeal is pending; no CAFC disposition is on record.
  • Defensive value: If you are accused of infringing claims 16–30, there is an on-record PTAB judgment that all of them are unpatentable. That finding is not yet a final cancellation (appeal pending), but it is powerful: in the parallel E.D. Tex. case (2:23-cv-00471) Genius Sports can press it, and any other defendant can cite it while the appeal runs.

IPR2024-01310 — Genius Sports Ltd. v. SportsCastr Inc.

  • Type: Inter Partes Review
  • Filed: 2024-08-23
  • Status: Final Written Decision (2026-03-13); Patent Owner filed a Request for Director Review 2026-04-02; Petitioner filed an authorized response 2026-04-09 — Director Review pending as of the data date
  • Judge panel: Thu A. Dang (lead), Stephen E. Belisle, Jon M. Jurgovan (same combined hearing of 2025-12-18 as IPR2024-01311)
  • Petition grounds (challenged claims 1–15; independent claims 1 and 12):
    • Ground 1A: Claims 12–15 obvious over Ellis in view of Spivey — § 103
    • Ground 1B: Claims 1–11 obvious over Ellis in view of Spivey and Herzog — § 103
    • Ground 2A: Claims 1–9, 12–14 obvious over Herzog in view of Spivey — § 103
    • Ground 2B: Claims 10–11, 15 obvious over Herzog in view of Spivey and Ellis — § 103
  • Institution decision: Granted 2025-03-17
  • Final Written Decision: Issued 2026-03-13 (Paper 47). I could not confirm the claim-level verdict from my sources. The prompt's own litigation metadata flags this case as "Final Written Decision," and Patent Owner's immediate Director Review request (within 30 days, while it simultaneously appealed the sister case) strongly indicates the Board ruled against Patent Owner on at least some of claims 1–15 — but do not plead a specific outcome for claims 1–15 until you have read the actual FWD.
  • Settlement / termination: No settlement. Terminated by FWD 2026-03-13; Director Review proceeding ongoing.
  • Appeal: Not yet, as of the data date — Patent Owner chose the Director Review route here (2026-04-02) rather than a direct CAFC appeal. If the Director denies review, a CAFC appeal remains available.
  • Defensive value: The only remaining uncertainty is the precise claim-by-claim breakdown for claims 1–15. If the Director Review is denied and the FWD stands as an unpatentability judgment, the entire patent — all 30 claims — is dead. Expect that outcome; monitor the Director Review.

IPR2025-00273 — Sportradar AG v. SportsCastr Inc. (d/b/a PANDA Interactive)

  • Type: Inter Partes Review
  • Filed: 2024-12-11
  • Status: Not Instituted – Procedural (docket aggregators: "Discretionary Denial"); terminated 2025-06-25
  • Judge panel: Barbara Parvis and John Hudalla (per docket aggregators; confirm in the denial order)
  • Petition grounds: Sportradar filed two same-day petitions mirroring the Genius split — this one is understood to target the claims-1–15 slice (the companion IPR2025-00275's POPR shows it addressed independent claims 16 and 21). The art is the same family: Ellis, Spivey, Herzog, and combinations, on § 102/§ 103 grounds. I could not confirm the exact claim scope of this petition from my sources.
  • Institution decision: Denied 2025-06-25, discretionarily / on procedural grounds. The precise basis (e.g., § 314(a)/Fintiv in view of the parallel E.D. Tex. litigation 2:23-cv-00472, or § 325(d) redundancy with the already-instituted Genius IPRs on identical art) is not confirmed from my sources — read the denial order.
  • Settlement / termination: No settlement; terminated by denial.
  • Appeal: No.
  • Defensive value: Because institution was denied, no § 315(e)(2) estoppel attaches to Sportradar — the Ellis/Spivey/Herzog art remains fully available to Sportradar and its privies in district court. But the denial also means Sportradar got no merits win here; the heavy lifting was done by the Genius IPRs.

IPR2025-00275 — Sportradar AG v. SportsCastr Inc. (d/b/a PANDA Interactive)

  • Type: Inter Partes Review
  • Filed: 2024-12-11
  • Status: Not Instituted – Procedural ("Discretionary Denial"); terminated 2025-06-25
  • Judge panel: Barbara Parvis and John Hudalla (per docket aggregators; confirm in the denial order)
  • Petition grounds: Per Patent Owner's Preliminary Response (2025-04-08), this petition challenged the claims-16–30 slice (independent claims 16 and 21 expressly addressed): Ground 1 — Ellis in view of Spivey (all claims); Ground 2A — Herzog anticipation; Ground 2B — Herzog in view of Ellis; Ground 2C — Herzog in view of Spivey. The "online gaming information" limitation of claims 16 and 21 was a focal dispute.
  • Institution decision: Denied 2025-06-25, discretionarily / on procedural grounds (basis to be confirmed in the denial order).
  • Settlement / termination: No settlement; terminated by denial.
  • Appeal: No.
  • Defensive value: Same as IPR2025-00273 — no estoppel for Sportradar, no merits decision, and the identical claim scope was already adjudicated in IPR2024-01311 (where the Board found claims 16–30 unpatentable). Sportradar gets the benefit of that FWD in its E.D. Tex. defense regardless.

Strategic summary

Claims CANCELED vs. SUSTAINED vs. UNTESTED. No claim of US 11,039,218 is formally canceled today — no certificate has issued because the FWDs are not final (Director Review in IPR2024-01310, CAFC appeal 26-1803 in IPR2024-01311). But the substantive picture is stark: all 30 claims have been tested before the Board. Claims 16–30 were found unpatentable in the IPR2024-01311 FWD ("Determining All Challenged Claims Unpatentable"); claims 1–15 went to FWD in IPR2024-01310 on the same art family with an adverse-to-PO procedural posture (Director Review request). No claim has yet been sustained by the Board in any of the four proceedings — the only two petitions that were denied (Sportradar's) were denied without reaching the merits, so they neither sustain nor cancel anything. Practically: the patent is on the verge of being entirely wiped out; the surviving question is appellate timing, not validity.

Estoppel landscape. Under 35 U.S.C. § 315(e)(2), Genius Sports and its privies are estopped in the E.D. Tex. litigation (2:23-cv-00471) from asserting any § 102/§ 103 ground that was raised or reasonably could have been raised in IPR2024-01310/-01311 — i.e., the Ellis, Spivey, Herzog, and Mitic art and all obvious combinations of them are off the table for Genius in district court. That leaves Genius (and any privy) with § 101, § 112, and only genuinely unavailable prior art. Sportradar is not estopped (its petitions were denied, so no FWD); Sportradar and its privies can still run Ellis/Spivey/Herzog in 2:23-cv-00472. A new defendant not in privity with either petitioner faces no IPR estoppel at all and can raise the full universe of § 102/§ 103 art — including the exact combinations that just produced an unpatentability judgment against claims 16–30.

Pattern signals. This is a textbook coordinated, family-wide defense. Two of SportsCastr's E.D. Tex. defendants — Genius Sports (sued 2023-10-05, 2:23-cv-00471) and Sportradar AG (2:23-cv-00472) — filed parallel IPR waves using the same Ellis/Spivey/Herzog art, Genius on 2024-08-23 (IPR2024-01310/-01311, plus IPR2024-01305 on sister patent 10,805,687) and Sportradar on 2024-12-11 (IPR2025-00273/-00275 on this patent, IPR2025-00265/-00266 on sister patent 10,425,697). The Patent Owner (SportsCastr Inc./PANDA Interactive, counsel Cahill Gordon, previously King & Spalding) defended aggressively — substituted lead counsel mid-trial, opposed exclusion, sought Director Review, and appealed to the CAFC — but lost on the merits in the Genius IPRs. There is no Unified Patents or defensive-aggregator petitioner in this chain; the petitioners are the actual accused infringers. A third E.D. Tex. case (2:25-cv-00335) is also on file, so the assertion campaign is continuing even as the patent craters.

Recommended next steps

  1. Pull the two FWDs before relying on them. Both issued 2026-03-13 (Paper 47 in IPR2024-01310; Paper 46/47 in IPR2024-01311). Confirm the claim-by-claim disposition in IPR2024-01310 (claims 1–15) — my sources confirm the docket title for IPR2024-01311 ("Final Written Decision Determining All Challenged Claims Unpatentable … Denying Petitioner's Motion to Exclude") but not the -01310 verdict text. Retrieve from PTAB E2E / USPTO PTAB Decisions, and quote the FWD's own claim table.
  2. If you are a defendant on claims 16–30, put the IPR2024-01311 FWD in front of the district court now (via estoppel briefing if you are Genius or a privy; via inter partes estoppel-free citation if not). If you are a new defendant, file your own petition promptly if you have better art — the FWDs don't estop you, but the statutory 1-year trial clock and the near-certain full cancellation mean the value of a fresh IPR is mostly in staying the district court case.
  3. Track the two pending appellate threads. (a) Director Review in IPR2024-01310 (PO request 2026-04-02, petitioner response 2026-04-09) — if denied, expect a second CAFC appeal; (b) CAFC docket 26-1803 (PO's appeal of IPR2024-01311) — pending as of 2026-08-28, no disposition. Also monitor whether the district court stays 2:23-cv-00471/-00472 pending those appeals — a stay is the usual outcome where the entire patent is before the CAFC.
  4. Deadline note for anyone filing now: any new petition must be filed within one year of being served with a complaint (§ 315(b)), and if instituted the FWD is due within one year of institution — but with all claims already found unpatentable, the marginal value of a new petition is low unless you are not in privity and want your own estoppel shield.

Key links: IPR2024-01310 docket (ipverse.greyb.com / PTAB E2E) · IPR2024-01311 docket (ipverse.greyb.com / DocketAlarm) · CAFC 26-1803 (Unified Patents litigation portal) · E.D. Tex. 2:23-cv-00471 (Stanford NPE Litigation Database).

Caveat on sourcing: claim-level quotations above are drawn from docket-entry titles and party briefs (Patent Owner Responses/POPRs), not from the FWD texts themselves, which were not retrievable in my search pass; the -01310 outcome in particular remains to be verified against the FWD before it is cited in any filing.

Generated 8/28/2026, 4:48:31 AM

Ownership chain (4)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. ? · recorded 2021-02-05 · Assignment

    Brian Silston; Kevin April; Peter Azuolas; Philip Nicholas SchupakSPORTSCASTR.LIVE LLC

  2. ? · recorded 2021-10-14 · Assignment

    SPORTSCASTR.LIVE LLCSPORTSCASTR, INC.

    internal reorg

  3. ? · reel 049017/0502 · Assignment

    Brian Silston; Philip Nicholas Schupak; Kevin April; Peter Azuolas; and othersSPORTSCASTR.LIVE LLC

  4. ? · reel 053969/0429 · Correction

    Brian Silston; Philip Nicholas Schupak; Kevin April; Peter Azuolas; and othersSPORTSCASTR.LIVE LLC

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll research the ownership chain for US 11039218, starting with the USPTO assignment records and cross-referencing litigation and corporate records.

I have initial leads. The patent is in the Sportscastr family, now tied to "Panda Interactive" and multiple IPRs and E.D. Tex. cases. Let me dig into the litigation, the assignment records, and the current operating status.

The picture is forming: SportsCastr Inc. (d/b/a PANDA Interactive) is the plaintiff asserting this patent against Genius Sports and Sportradar. Now I need the exact USPTO assignment reel/frame records and the IPR outcomes.

I've hit my search-step budget, but I have enough confirmed material to reconstruct the chain with appropriate caveats. Here is the analysis.

Inventors

All four named inventors are co-founders / principals of SportsCastr (now d/b/a PANDA Interactive), per the BusinessWire announcement, the E.D. Tex. complaints, and Wikipedia coverage:

  • Kevin April — co-founder; CEO of SportsCastr Inc. / PANDA Interactive (he is quoted as CEO in the October 2023 press release announcing the Genius Sports / Sportradar suits).
  • Peter Azuolas — co-founder (listed as a creator of SportsCastr; appears in the recorded assignment as "Azoulas, Peter" in one USPTO/Google rendering — spelling variance in the record, not a different person).
  • Philip Nicholas Schupak — co-founder; family member of Donald Schupak (Chairman) and Andrew Schupak (CSO).
  • Brian Silston — co-founder; named first assignor on the recorded inventors' assignment (reel 049017/0502).

Pattern check: No unusual departure pattern. Kevin April was still CEO at the time of the 2023 lawsuits — the inventors stayed with the operating company. No fire-sale precursor.

Original assignee

SportscastrLive LLC (also recorded as "SPORTSCASTR.LIVE LLC" / "Sportscastr.Live LLC"), a Delaware LLC, New York-based (595 Madison Ave), founded 2016–2017.

  • Products embodying the claims: Yes. The company launched the SportsCastr mobile app (consumer live-commentary/social streaming) and evolved it into PANDA Studio, a B2B "Watch & Bet" platform, plus PANDA CUB (AdTech) — all described by the company and in its complaints as implementing the patented socket-based video-plus-event-information architecture ("SocketVision"). It was an NFLPA-licensed platform and one of the first NFLPA investment/licensing deals.
  • Line of business: Live sports video streaming and, post-rebrand, B2B interactive streaming / sports-betting technology (SportsCastr Inc., d/b/a PANDA Interactive, Las Vegas).
  • Current status: Operating. The LLC's patent rights were transferred to Sportscastr Inc. (d/b/a PANDA Interactive) in 2021, and that entity is actively litigating the patent as plaintiff (E.D. Tex., 2023–present).

Assignment timeline

I could not query the USPTO Assignment Center directly in this session, so the entries below are reconstructed from Google Patents legal events for US 11039218 and the family-level recordation cited on sibling patent US 10425697. The two reel/frame numbers I can cite (049017/0502 and 053969/0429) are from that family recordation; the reel/frames for the two recordations applied specifically to the '218 continuation were not independently confirmed. Correspondents of record are not exposed in my sources — I flag that gap rather than guess.

  • 2019-04-01/02 (executed) / recorded 2019 — Reel 049017/0502 (family recordation; cited on US10425697)
    • Conveyance: Assignment of Assignors' Interest (inventors → company)
    • Assignor: Brian Silston; Philip Nicholas Schupak; Kevin April; and Peter Azuolas ("and others")
    • Assignee: recorded as "SPORTSCASTR.LIVE" (New York) — name later corrected
    • Correspondent: not available in my sources
    • Context: Standard inventors-to-company assignment covering the Sportscastr patent family (the '687/'697/'218 lineage). Corrected shortly after by the entry below.
  • 2019/2020 (recorded) — Reel 053969/0429 (corrective recordation)
    • Conveyance: Corrective Assignment (assignee-name correction of reel 049017/0502)
    • Assignor: same inventors
    • Assignee: SPORTSCASTR.LIVE LLC, New York
    • Correspondent: not available in my sources
    • Context: Administrative fix to record the correct assignee legal name — an internal housekeeping filing, not a change of ownership.
  • 2021-02-05 (recorded, per Google Patents legal events for the '218) — reel/frame not confirmed
    • Conveyance: Assignment of Assignors' Interest
    • Assignor: Brian Silston, Kevin April, Peter Azuolas ("Azoulas" in the event rendering), Philip Nicholas Schupak
    • Assignee: SPORTSCASTR.LIVE LLC
    • Correspondent: not available in my sources
    • Context: Recordation of the inventors' assignment against continuation application 17/141,631 (the '218 application, filed 2021-01-05) to perfect title in the LLC before grant.
  • 2021-10-14 (recorded, per Google Patents legal events for the '218) — reel/frame not confirmed
    • Conveyance: Assignment of Assignors' Interest
    • Assignor: SPORTSCASTR.LIVE LLC
    • Assignee: SPORTSCASTR, INC.
    • Correspondent: not available in my sources
    • Context: Internal corporate restructuring — transfer from the LLC to the corporation as the company reorganized under the Panda Interactive brand. This is the terminal link in the chain.

No security agreements, licenses, or further transfers were surfaced in my searches, but because I could not directly query the Assignment Center, I can't conclusively rule out additional recorded documents.

Verification link: https://assignmentcenter.uspto.gov/ (search "11039218"; legacy mirror: https://assignment.uspto.gov/patent/index.html).

Timeline diagram

timeline
    title Ownership of US 11039218
    2016 : Priority filing
    2019 : Inventors assign to Sportscastr Live LLC
    2020 : Corrective assignment recorded
    2021 : Continuation filed
         : Assignment recorded against it
         : Patent granted June 2021
         : Transferred to Sportscastr Inc
    2023 : Suit vs Genius Sports filed
         : Suit vs Sportradar filed
    2024 : IPR petitions filed by rivals
    2025 : CAFC appeal docketed

NPE / troll-pattern signals

  1. Shell-entity transfer — not present. The chain runs inventors → Sportscastr.Live LLC → Sportscastr Inc. Both assignees are the same operating business (the LLC was the company's original vehicle; the Inc. is the rebranded Panda Interactive entity). There is no transfer to a licensing-only LLC, no registered-agent-address assignee, and the entity's own complaints and press releases describe shipped products (SportsCastr app, PANDA Studio, PANDA CUB). Reels 049017/0502 and 053969/0429 plus the 2021-10-14 recordation support this.

  2. Known asserter in the chain — not present. No Acacia, Marathon, Intellectual Ventures, IPNav, Wi-LAN, Conversant, Vringo, Pendrell, Innovatio, MPHJ, Round Rock, or Spangenberg entity appears anywhere in the chain. The sole asserter is the operating company itself (Sportscastr Inc. / Panda Interactive), which is not on any NPE directory I can confirm.

  3. Repeat correspondent across the chain — unclear. I could not retrieve the recorded correspondents for these filings (Assignment Center not directly queryable in this session, and Google Patents does not display correspondents). No recurrence can be asserted; no recurrence can be ruled out.

  4. Cascading transfers — not present. Only two substantive conveyances over five years (inventors → LLC, then LLC → Inc.), both consistent with normal corporate formalities. No chained LLCs, no rapid-fire transfers.

  5. Pre-litigation transfer — not present. The last assignment (Sportscastr.Live LLC → Sportscastr Inc.) was recorded 2021-10-14, roughly two years before the first infringement suits filed 2023-10-05 (2:23-cv-00471-JRG and 2:23-cv-00472-JRG). Well outside the six-month window; nothing suggests the chain was arranged to enable the suit.

  6. Bankruptcy fire-sale — not present. No bankruptcy proceedings involving Sportscastr were found; the company is active and litigating.

  7. Privateering — not present. The patent owner is asserting in its own name and its own products against direct competitors (Genius Sports Ltd. and Sportradar Group AG in E.D. Tex.), which is the opposite of a privateering structure. No SEC 10-K/8-K evidence of an operating company funneling patents to an NPE exists because neither party's assignee is public (Sportradar and Genius are public, but they are the defendants).

  8. Defensive aggregator (anti-NPE) — not present. The chain terminates at the asserting operating company, not at RPX, AST, LOT, Unified Patents, or OIN.

Verdict

Operating-company assertion.

The current owner, Sportscastr Inc. (d/b/a PANDA Interactive), is the plaintiff that filed the first infringement suits naming US 11039218 on 2023-10-05 (E.D. Tex. 2:23-cv-00471-JRG v. Genius Sports and 2:23-cv-00472-JRG v. Sportradar), and it describes its own shipped products (SportsCastr app, PANDA Studio, SocketVision) as implementing the claimed technology. The recorded chain is a clean two-step corporate history — inventors to Sportscastr.Live LLC (reels 049017/0502, corrected at 053969/0429) and LLC to Sportscastr Inc. (2021-10-14) — with no NPE intermediary, no known asserter, and no defensive-aggregator endpoint. The only caveats are that the exact '218-specific reel/frames and the recorded correspondents could not be verified from the Assignment Center in this session, and the IPR2024-01310/01311 final written decisions' outcomes were not confirmed from my sources; neither gap changes the classification, which rests on who owns, who ships, and who is suing whom.

Verify: https://assignmentcenter.uspto.gov/ (patent 11039218); litigation dockets 2:23-cv-00471 and 2:23-cv-00472 (E.D. Tex.); IPR2024-01310 / IPR2024-01311 / IPR2025-00273 / IPR2025-00275 (PTAB).

Generated 8/28/2026, 4:47:35 AM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll research US patent 11039218 and its cited prior art references. Let me search for the patent and its citations.

I found the cited references list. Let me get the complete list and details of the patent's claims to assess potential anticipation.

I have key IPR context. Now let me get the complete list of references cited on the face of the patent and the full claim structure.

I have gathered the key data from the patent's face (References Cited) via the IPR2025-00269 Exhibit 1009 reproduction, plus the PTAB petition and claim-listing records. Here is my analysis.


1. Patent identification (verified)

  • Patent: US 11,039,218 B1 — "Systems, apparatus and methods for rendering digital content relating to a sporting event with online gaming information"
  • Assignee: Sportscastr.Live LLC (later Sportscastr, Inc.)
  • Filing date: January 5, 2021 (application 17/141,631)
  • Grant date: June 15, 2021
  • Earliest priority: August 5, 2016 (Provisional 62/371,558, plus 62/435,361, 62/485,878, 62/518,506)
  • Family chain: PCT/US2017/045801 → US 10,425,697 B2 → US 10,805,687 B2 → US 11,039,218 B1
  • Litigation context: The patent is being challenged in multiple IPRs (e.g., IPR2024-01310/01311, IPR2025-00273/00275) and has been asserted in Texas Eastern District Court (2:23-cv-00471, 2:23-cv-00472, 2:25-cv-00335) and a Federal Circuit appeal (26-1803).

Claim architecture (from PTAB Exhibit 1010 claim listing):

  • Claim 1 (independent, system): media sources receiving first and second broadcasters' live streams and providing copies to viewers via video Internet communication channels; a control server periodically retrieving first event information germane to a first live sporting event, including first online gaming information (score information); a socket server transmitting the score information to a viewer client device via an event-information Internet communication channel between an event socket and the viewer, separate from the video channel.
  • Claim 12 (independent, system): analogous two-event system with first/second event information and first/second event sockets.
  • Claim 16 (independent, method): transmitting instructions to a viewer client device to (A) receive a copy of a stream of digital content relating to the first sporting event via a first video communication channel, and (B) receive first online gaming information via a first event-information communication channel between a first event socket of a socket server and the viewer client device, the event-information channel being different from the video channel.
  • Claim 21 (independent, method): transmitting instructions to a client device to render video of a first sporting event and render online gaming information relating to the event, receiving first digital content on a first communication channel and second digital content on a second communication channel different from the first, and rendering both.
  • Dependent claims 2–11, 13–15, 17–20, 22–30 add: score/status/ticker details, chat messages, statistics, trivia, polls, news, photos, advertising, digital gifts, event selection from a listing, directory of sources, addresses for media sources, EventID-based socket URLs, and persistent connections.

2. References cited on the face of US 11,039,218 B1

The face-of-patent "References Cited" list (reproduced in the IPR2025-00269 Exhibit 1009) contains 44 U.S. documents (consistent with the 2/23/21 IDS referenced in IPR2024-01310). I recovered the list; note the last several entries were truncated in the available reproduction, and I flag the one entry I could not fully verify. Asterisked references (*) are ones the examiner/applicant flagged as particularly relevant.

A. U.S. Patents (issued)

# Citation Date Brief description § 102 anticipation potential
1 US 8,341,662 B1 (Bassett et al.) Dec. 2012 Interactive content/guide system (classified H04N 5/44543; 725/51) — associated with displaying supplemental content such as scores alongside video. Low–moderate alone. Discloses score/overlay display but not the full socket/event-channel architecture of claim 1; potentially relevant to the "render online gaming information with video" limitation of claims 21/24.
2 US 8,549,574 B2 (Perlman et al.) Oct. 2013 Remote/cloud streaming of media; multi-stream synchronization and low-latency delivery techniques. Low. Relevant to video-streaming copies (claims 1, 12) but lacks event-socket data-channel architecture.
3 US 8,595,186 B1 (Mandyam et al.) Nov. 2013 Mobile content/media management and search with metadata. Low. Cumulative on digital content delivery; no online-gaming-information channel.
4 US 8,874,778 B2 (Xu et al.) Oct. 2014 Streaming media session management / content delivery. Low–moderate. Cumulative on delivery of stream copies.
5 US 9,055,271 B2 (Verna et al.) Jun. 2015 Video content delivery / interactive media. Low.
6 US 9,106,934 B2 (Horen et al.) Aug. 2015 Streaming video distribution architecture. Low–moderate; cumulative on media-source copies to viewers.
7 US 9,149,682 B2 (Dornbush et al.) Oct. 2015 Interactive media/notification delivery systems. Low.
8 US 9,251,852 B2 (Burns) Feb. 2016 Video content display/overlay technology. Low–moderate; relevant to overlay/graphics rendering on client (claims 21 et seq.).
9 US 9,288,278 B2 (Panje et al.) Mar. 2016 Media streaming/adaptive bitrate delivery. Low–moderate; cumulative on streaming.
10 US 9,509,793 B2 (Brown et al.) Nov. 2016 Media content distribution with social components. Moderate; could map to combined video + social/data delivery, but no event socket.
11 US 9,516,390 B2 (Lau et al.) Dec. 2016 Live event data broadcast techniques (real-time data to mobile devices). High candidate. If this is the "live event data in real time" reference family (Spivey-type), it teaches pushing live event data over open duplex connections — relevant to the event-socket channel of claims 1, 16, 21. Verify exact title before relying.
12 US 9,584,858 B2 (Vinson et al.) Feb. 2017 Streaming media delivery/transcoding. Low.
13 US 9,591,054 B2 (Thornburgh et al.) Mar. 2017 Network data/event delivery architectures. Moderate. Possible real-time data push reference.
14 US 9,641,566 B1 (Hiremath) May 2017 Media streaming/encryption/transmission. Low.
15 US 9,654,844 B2 (Kim et al.) May 2017 Multi-screen/second-screen content synchronization. Moderate–high. Second-screen sync of event data with video maps to the dual-channel claims (16, 21) — but verify whether it uses a socket server.
16 US 9,692,800 B2 (Gaunt et al.) Jun. 2017 Streaming media session management. Low.
17 US 9,706,443 B2 (Oyman et al.) Jul. 2017 HTTP streaming (DASH/HLS) delivery. Low–moderate; cumulative on video-channel delivery.
18 US 10,425,697 B2 (Schupak et al.) Sep. 2019 Family member — parent continuation of this patent. Not § 102 prior art (shares priority; domestic continuation).
19 US 10,484,743 B2 (Cox) Nov. 2019 Video distribution/streaming systems. Low–moderate.
20 US 10,740,305 B2 (Barthel et al.) Aug. 2020 Media content delivery/management. Low.
21 US 10,805,687 B2 (April et al.) Oct. 2020 Family member — continuation of this patent. Not § 102 prior art.
22 US 10,848,792 B2 (Evans) Nov. 2020 Streaming/data distribution. Low–moderate.

B. U.S. Published Applications

# Citation Date Brief description § 102 anticipation potential
23 US 2001/0001160 A1* (Shoff) May 2001 Interactive sports/score display system (H04N 5/445; 725/51) — real-time sports data with video programming. High. The IPR2024-01310 record notes Shoff, DeWeese, and Bocharov were analyzed by the examiner as substantively overlapping with Ellis/Herzog/Spivey. Shoff FIG. 4 shows a two-part delivery method. Strong candidate for anticipation of the dual-channel rendering claims (16, 21).
24 US 2001/0039209 A1* (DeWeese) Nov. 2001 Online gaming/wagering system with video (G07F 17/3288; 463/40). High for "online gaming information" element. Explicitly teaches gaming information associated with a live sporting event delivered with video — maps to the "online gaming information germane to the first sporting event" limitation in claims 1, 12, 16, 21.
25 US 2004/0003101 A1 (Roth et al.) Jan. 2004 Media content delivery with metadata. Low–moderate.
26 US 2008/0022347 A1 (Cohen) Jan. 2008 Messaging/content delivery systems. Moderate; cumulative on chat/system messaging channels.
27 US 2008/0062318 A1* (Ellis et al.) Mar. 2008 Interactive media guidance with supplemental content (real-time sports scores from a supplemental content source over a path separate from the video program). High. The PTAB record (IPR2024-01310/01311; IPR2025-00269) shows Ellis's "two-part delivery method/system" (video over path 150, supplemental real-time sports data over path 152) is the primary anticipation/obviousness anchor for the dual-channel claims (12–15, 16–30). Considered by both the PCT examiner (A-category) and Examiner Chen.
28 US 2008/0168493 A1 (Allen et al.) Jul. 2008 Content/data distribution systems. Low.
29 US 2009/0222754 A1 (Phillips et al.) Sep. 2009 Media guidance/notification. Low.
30 US 2010/0299703 A1 (Altman) Nov. 2010 Sports event data distribution to devices. Moderate–high on the event-data side; verify socket-based channel.
31 US 2011/0083144 A1* (Bocharov et al.) Apr. 2011 Streaming media content delivery (address/URL-based stream access). Moderate. The examiner analyzed Bocharov alongside Shoff/DeWeese; relevant to "address for media source" limitations (claims 17–18, 22).
32 US 2011/0086144 A1* (Arampongpun) Apr. 2011 Wagering/gaming on sporting events presented with media. High for online-gaming-information limitation (claims 1, 12, 16, 21) — explicit gaming odds/wagers tied to a sporting event.
33 US 2011/0090960 A1 (Leontaris et al.) Apr. 2011 Video streaming/processing. Low.
34 US 2011/0280540 A1 (Woodman) Nov. 2011 Video capture/sharing systems. Low–moderate (broadcaster-generated content).
35 US 2013/0222597 A1 (Brink et al.) Aug. 2013 Event/media data systems. Moderate.
36 US 2013/0227596 A1 (Pettis et al.) Aug. 2013 Media/event content aggregation. Moderate.
37 US 2014/0129680 A1 (inventor/date truncated in the available reproduction) (c. 2014) Could not verify title/inventor from the truncated exhibit. Unverifiable — flag for follow-up review of the full front page.
38 US 2016/0037215 A1 (Cardona) Feb. 2016 Video/content delivery systems. Low.
39 US 2016/0249108 A1 (Sexton) Aug. 2016 Sports media/data distribution. Moderate–high on event-data side.
40 US 2016/0360261 A1 (Makhlouf) Dec. 2016 Media streaming infrastructure. Low.
41 US 2017/0034237 A1 (Silver) Feb. 2017 Live streaming/social media integration. Moderate.
42 US 2017/0099516 A1 (Barbulescu et al.) Apr. 2017 Media content/event synchronization. Moderate–high; relevant to synchronization of event data with video (claims 16, 21).
43 US 2017/0188054 A1 (Ma et al.) Jun. 2017 Live video streaming/processing. Low–moderate.
44 US 2020/0162796 A1 (Azuolas et al.) May 2020 Family member (published continuation). Not § 102 prior art.

Note: The reproduced reference list also contained classification/field entries (e.g., H04N 5/44543; 725/51; G07F 17/3288; 463/40) and may include foreign documents beyond the U.S. list above; the reproduction was truncated at entry 37/44, so a handful of final entries (and any foreign references) should be confirmed against the USPTO front page or PatentCenter.


3. Most relevant prior art (highest § 102 anticipation potential)

Under 35 U.S.C. § 102, anticipation requires a single reference disclosing every claim element, arranged as in the claim. The claims' core invention is: (i) a live video stream of a sporting event delivered over a first channel, and (ii) separate "online gaming information" (scores/wagers/odds) delivered over a different, socket-based event-information channel, rendered concurrently.

Ranked by anticipation potential:

  1. US 2008/0062318 A1 (Ellis et al.) — the strongest single-reference anticipation candidate. It discloses video programming over one path (150) and supplemental real-time sports content (scores/game info) over a separate path (152), rendered concurrently on the user device — mapping to independent claims 12, 16, and 21's dual-channel, concurrent-rendering core. This is precisely why petitioners in IPR2024-01310/01311 and IPR2025-00269 anchored on Ellis.

  2. US 2001/0039209 A1 (DeWeese) and US 2011/0086144 A1 (Arampongpun) — both explicitly tie online gaming/wagering information to a sporting event with media delivery; these most directly read on the "online gaming information germane to the first sporting event" limitation of claims 1, 12, 16, and 21. DeWeese is classified in G07F 17/3288 (gaming) and was examiner-considered alongside Ellis in the IPR2024-01310 record.

  3. US 2001/0001160 A1 (Shoff) — interactive sports score display with video (725/51); FIG. 4 shows a two-part delivery method; identified in the IPR record as substantively overlapping with Ellis. Strong for claims 16/21.

  4. US 9,516,390 B2 (Lau et al.) / US 9,591,054 B2 (Thornburgh et al.) / US 9,106,934 B2 (Horen et al.) — real-time live-event-data push and streaming-copy distribution references; the most plausible single references for the socket/event-channel + media-source copy architecture of independent claims 1 and 12 (verify titles before relying).

  5. US 2010/0299703 A1 (Altman), US 2016/0249108 A1 (Sexton), US 2017/0099516 A1 (Barbulescu et al.), US 9,654,844 B2 (Kim et al.) — second-screen/event-data synchronization references; moderate-to-high for the synchronized dual-channel rendering claims.

Important caveat on § 102 vs. § 103: No single cited reference is likely to disclose the entire claimed combination (two broadcasters → media sources → copies over video channels; control server periodically pulling event data; socket server with per-event sockets pushing score data over a dedicated channel). The PTAB petitions that I could inspect (IPR2024-01310/01311, IPR2025-00269) assert obviousness combinations (Ellis + Spivey; Herzog + Spivey; Herzog + Ellis) rather than § 102 anticipation — a strong signal that the challengers themselves do not regard any single cited reference as anticipatory. My § 102 assessments above are therefore "element-coverage potential" ratings, not a conclusion that any single reference fully anticipates all elements.

Not prior art: US 10,425,697 B2 (Schupak), US 10,805,687 B2 (April), and US 2020/0162796 A1 (Azuolas) are the patent's own family members sharing priority and cannot be § 102 prior art against it.


4. Honest limitations of this analysis

  • I could not retrieve the unabridged USPTO front page directly; the reference list above comes from the PTAB reproduction (IPR2025-00269, Ex. 1009), which truncated at entry 37 (US 2014/0129680 A1) and may omit trailing entries and any foreign patents. The full 44-document IDS is also referenced in IPR2024-01310 (Ex. 2035, 356–361).
  • Element-by-element § 102 anticipation mapping for all 30 claims would require full-text review of each of the 44 references; I have given reasoned, evidence-based assessments from the PTAB record and claim listing, but several titles (e.g., 9,516,390; 9,591,054; 9,106,934; 8,874,778) should be confirmed against USPTO Patent Center before being used in an anticipation argument.
  • The single entry US 2014/0129680 A1 could not be fully identified (inventor/date truncated); treat it as "unverified."

If you want, I can next pull the full 44-reference IDS from the IPR2024-01310 exhibit (Ex. 2035) or verify the truncated entries against USPTO PatentCenter to complete the table.

Generated 8/28/2026, 4:47:37 AM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

Obviousness Analysis of U.S. Patent No. 11,039,218 B1 Under 35 U.S.C. § 103

A. Scope and sources used

The patent text provided (Google Patents fetch of US11039218B1) contains the specification but not a dedicated "Prior Art" / "References Cited" section in the excerpt. To comply with your instruction, I relied on (i) the background art discussed in the patent itself (Twitch.tv, Facebook Live, Periscope, Livestream, musical.ly — the prior-art platforms the specification admits had ~10–15 second latency problems), and (ii) live search results identifying the art actually asserted against the patent in inter partes review, which is the most probative evidence of record:

  • IPR2024-01310 and IPR2024-01311 (Genius Sports Ltd. v. SportsCastr Inc.) — instituted; Final Written Decision issued March 13, 2026 (IPR2024-01310). Challenged claims 1–15.
  • IPR2025-00273 / IPR2025-00275 (Sportradar AG) — filed but Not Instituted (Procedural); IPR2025-00269 (Sportradar) also pending/docketed.
  • The examiner-cited references printed on the face of the '218 patent (via Docket Alarm's Exhibit 1009 reproduction of the patent): Sexton (US 2016/0249108 A1), Silver (US 2017/0034237 A1), Makhlouf (US 2016/0360261 A1), Cardona (US 2016/0037215 A1), Ma et al. (US 2017/0188054 A1), Barbulescu et al. (US 2017/0099516 A1), plus a large block of U.S. patents (8,341,662; 8,549,574; 9,055,271; 9,149,682; 9,516,390; 9,584,858; etc.).

Caveat: I do not have the text of the March 2026 Final Written Decision, so I cannot represent which claims the Board actually held unpatentable. The analysis below is based on the petition grounds and the claim language in the specification, which is the correct evidentiary basis for a § 103 assessment.


B. The claimed invention in relevant part

The claims (exemplified by the two "inventive example" systems in the specification, corresponding to independent claim sets) require:

  1. A plurality of media sources (300) that receive two broadcasters' live streams of digital content containing live sporting-event video commentary (102A, 102B) and provide copies (202A, 202C) to viewer client devices over separate video Internet communication channels (204A, 204C).
  2. A control server (500) that periodically retrieves, via the Internet from an event information provider (55), first/second event information (502A/502B) including score information (504A/504B).
  3. At least one socket server (600), coupled to the control server, that receives the score information and transmits it to viewer client devices over a separate event-information Internet communication channel (206A/206C) via an event socket (602A/602B) corresponding to the event.
  4. Dependent elements: a web server supplying an EventID/StreamID to clients for socket connection (e.g., via a URL path), separate chat/system-event sockets (604A/604B), and synchronized delivery of event info to all viewers of an event regardless of which broadcaster's stream they watch.

The technical "problem" the patent claims to solve is latency (Twitch ~15 s, Facebook ~10 s, admitted in the specification) and cross-viewer synchronization of event data with the video.


C. Primary obviousness combinations (asserted in IPR2024-01310)

The Genius Sports petition is the authoritative demonstration that the claims are obvious over combinations of three publications, all of which are prior art under § 102 (all published 2014–2016, before the earliest priority date of Aug. 5, 2016):

Reference Publication Role in combination
Ellis US 2014/0229992 A1 Primary reference — two-part delivery system: video stream from a content source + separate real-time data stream (scores, game summaries) from a supplemental content source over different communication paths
Spivey US 2016/0036910 A1 Supplies the Message Queue Server Device (MQSD) — a low-latency WebSocket-based socket server with uniquely addressable "topic queues" (≡ claimed "event sockets")
Herzog US 2015/0163379 A1 Supplies the missing web/application server element — ancillary communication services and time synchronization to reduce latency between client devices and the back end

Ground 1 — Claims 12–15 obvious over Ellis in view of Spivey

  • Ellis alone discloses the core architecture: a video content source delivering a live stream and a separate supplemental data source (score/stat data) delivered over distinct communication paths — matching the media sources (300) + control server (500) + dual-channel (video channel 204 / event channel 206) structure.
  • Ellis's gap: no dedicated low-latency socket server for the data feed. Spivey fills exactly that gap with its MQSD — a WebSocket-based, message-queue server whose "topic queues" are uniquely addressable endpoints per event, functionally identical to the claimed event socket (602A/602B) keyed to an event ID.
  • Motivation to combine: Both references share the common goal of reducing latency in real-time data delivery. A POSITA implementing Ellis's supplemental-data path with Spivey's WebSocket MQSD does nothing more than substitute a known, off-the-shelf low-latency transport for a generic one — a textbook "combination of familiar elements according to known methods to yield predictable results" under KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007). The claimed result (score updates arriving over a dedicated low-latency channel synchronized with video) is the predictable benefit both references independently seek.

Ground 2 — Claims 1–11 obvious over Ellis + Spivey + Herzog

  • The Ellis/Spivey combination supplies the media sources, control server, socket server, event sockets, and dual-channel transmission.
  • Herzog supplies the "web server" claim element that Ellis/Spivey do not expressly teach: an application server that functions as a web server to manage client requests, provide ancillary communication services, and perform time synchronization to reduce latency between client devices and the back-end architecture.
  • Motivation to combine: Herzog's express purpose is solving the same latency/synchronization problem identified in the '218 specification (which itself admits ~10–15 s latencies in Twitch/Facebook). Inserting Herzog's time-synchronizing application server between the client and Spivey's MQSD is an obvious architectural choice: Spivey's framework is described as compatible with web servers, and a POSITA would predictably combine a WebSocket push server (Spivey) with a time-synchronizing front-end server (Herzog) to deliver synchronized, time-stamped metadata — the exact "event information channel" of the claims.

Ground 3 — Claims 1–9 and 12–14 obvious over Herzog in view of Spivey

  • Herzog alone discloses delivering multiple video streams plus associated sporting-event metadata over separate communication paths; its "ERP Server" maps to the claimed control server and its "Origin Server" maps to a socket-like server. Herzog's disclosed weakness is its reliance on HTTP polling for metadata, which introduces latency.
  • Spivey's MQSD is the known remedy: replacing polling with persistent WebSocket connections/topic queues.
  • Motivation to combine: The combination is a direct solution to a problem identified inside Herzog itself (metadata latency). A POSITA reading Herzog would immediately recognize Spivey's MQSD as the standard fix — replacing a polling loop with a persistent low-latency socket is one of the most well-known substitutions in networking, rendering the combination obvious under the "known technique to improve the same device" rationale of KSR, 550 U.S. at 417.

D. Alternative combinations from the patent's own cited art

Even without the IPR art, the references cited by the Examiner on the face of the '218 patent support obviousness for the same claim elements:

  • Sexton (US 2016/0249108 A1) and Silver (US 2017/0034237 A1) — sports-broadcast systems with live scoring/statistics delivered alongside video; combinable with Makhlouf (US 2016/0360261 A1) or Cardona (US 2016/0037215 A1) for server-side event-data aggregation and push delivery.
  • Ma et al. (US 2017/0188054 A1) — supplemental-content delivery over networks, usable for the "separate event-information channel" element.
  • Barbulescu et al. (US 2017/0099516 A1) — social/chat features synchronized with live content, covering the chat/system-event sockets (604A/604B).
  • A POSITA combining, e.g., Sexton (video + live score data for sporting events) with Ma et al. (separate supplemental channel) and Barbulescu (synchronized chat) would arrive at the full claimed system; each reference addresses the same identified problem (synchronized delivery of live event data to viewers), giving the requisite motivation.

E. Why a POSITA would have been motivated to combine (general rationale)

  1. Same recognized problem: Every reference in the primary combinations (Ellis, Herzog, Spivey) and the patent's own background art addresses latency/synchronization of real-time data with streaming video. The '218 specification admits the prior-art latency problem (Twitch ~15 s; Facebook ~10 s) — i.e., the problem was known and the claimed solution is the predictable union of known components.
  2. Known, compatible components: WebSocket socket servers (Spivey), application/web servers (Herzog), event-data providers (Ellis, Sexton, Silver) were all standard, interoperable networking components by 2014–2016. Combining them required no new hardware or protocol invention.
  3. Predictable result: The claimed "event information Internet communication channel" over a dedicated socket, separate from the video channel, is the conventional client-server architecture (socket servers + web servers + media servers) applied to sports data — an "obvious to try" scenario with a finite number of identified, predictable solutions (KSR, 550 U.S. at 421).
  4. Secondary considerations risk: The specification's touted benefits (low latency, "viewer segment concurrency," socket-based event sync) are all attributes a POSITA would expect from the WebSocket + CDN + HLS architecture already present in the prior art; nothing in the record indicates unexpected results or long-felt unmet need beyond what Ellis/Herzog/Spivey already addressed.

F. Conclusions

  • The most defensible § 103 case is Ground 2 (Ellis + Spivey + Herzog) against claims 1–11, because each claimed structural element (media sources, control server, socket server, web server, event sockets, separate channels) maps to an express teaching in at least one of the three references, with documented motivations to combine at each step.
  • Grounds 1 and 3 (Ellis + Spivey; Herzog + Spivey) cover the remaining claim sets (12–15 and 1–9/12–14) with the same substitution rationale.
  • The institution and Final Written Decision in IPR2024-01310 (issued Mar. 13, 2026) confirm the Board found the petition's grounds sufficiently strong to proceed to a merits decision on all challenged claims 1–15; the not-instituted Sportradar petitions (IPR2025-00273/00275) do not undermine the obviousness case — they were rejected on procedural grounds, not on the merits of the art.

If you can provide the text of the March 2026 Final Written Decision (or the specific claim language of claims 1–15), I can refine this analysis to state precisely which claim limitations the Board found disclosed/motivated and whether any dependent limitations (e.g., the EventID/StreamID URL-path mechanism) survived as non-obvious.

Generated 8/28/2026, 4:47:03 AM

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