US 9742824

Summary: U.S. Patent No. 9742824 (US9742824B2)

I searched for the exact patent number 9742824 (no similar numbers substituted). Key sources: Google Patents (patents.google.com/patent/US9742824B2/en), the PTAB IPR records (DocketAlarm/Patexia), the Federal Circuit docket (CourtListener, Justia, archive.org copies of CAFC filings), and a W.D. Wash. complaint analysis (Ex Parte / ai-lab.exparte.com).

Core bibliographic data

The application chain: 15/283,578 → 13/815,040 → 13/385,375 (US 8,364,839) → 12/800,177 (US 8,185,611) → 10/893,814 (US 7,716,358) → 09/819,337 (US 6,766,376) → provisional 60/231,997. The specification also incorporates by reference US 8,327,011 / 12/800,152 / 10/893,814 family members.

Abstract (verbatim from Google Patents)

"Streaming media, such as audio or video files, is sent via the Internet. The media are immediately played on a user's computer. Audio/video data is transmitted from the server under control of a transport mechanism. A server buffer is prefilled with a predetermined amount of the audio/video data. When the transport mechanism causes data to be sent to the user's computer, it is sent more rapidly than it is played out by the user system. The audio/video data in the user buffer accumulates; and interruptions in playback as well as temporary modem delays are avoided."

Independent claim — plain-language overview

The patent has 12 claims. All 12 claims (1–12) were challenged in three IPRs (IPR2022-01228 by Disney et al., IPR2022-01412 by Google, IPR2022-01430 by Amazon). I verified the full text of independent claim 1 from the Federal Circuit appellees' brief (Fenwick & West, CAFC No. 24-1627, Doc. 22, filed Nov. 4, 2024), which reproduces claim 1 of the '824 patent verbatim. I did not independently verify the text of any other independent claims from the retrieved sources, so I flag that as a limitation.

Claim 1 (independent method claim) — A method of distributing, over the Internet, a pre-recorded audio or video program from a server system to one or more user systems, requiring the server to:

1. Read the pre-recorded program (stored in digitally encoded form on computer-readable media);
2. Supply media data elements — each element is a digitally encoded portion of the program and has a playback rate;
3. Serially identify the elements so the identifiers indicate the time sequence of the program;
4. Store the elements in a data structure under the server's control;
5. Receive requests from user systems over Internet data connections, where each request specifies one or more serial identifiers of the elements requested; and
6. Send the requested elements (matching the specified identifiers) to the requesting user systems.

Limiting conditions:

• Each server-to-user data connection runs faster than the playback rate of the elements sent over it;
• Each send occurs as fast as the connection allows;
• The elements sent are selected without the server maintaining a record of the last element sent to that user (a "pull"/client-driven model, not a server-tracked "push" model);
• All elements sent by the server are sent in response to user requests; and
• All elements sent come from the data structure as first stored (i.e., from the server-side stored buffer).

Plain-language takeaway: The claimed invention is a server-side, client-request-driven ("pull") streaming method: a server reads a stored (pre-recorded) audio/video program, breaks it into sequentially numbered chunks stored in a server-controlled buffer, and sends exactly the numbered chunks users request, as fast as the connection permits — which is faster than real-time playback — without the server tracking each user's last-sent chunk. Because the user's requests drive delivery and the connection is faster than the playback rate, the user's player can start quickly and rebuild its buffer after interruptions.

Litigation / CAFC 2026 docket status (verified)

• PTAB: In Final Written Decisions (IPR2022-01430, decision Feb. 15, 2024; IPR2022-01412, decision Mar. 20, 2024; IPR2022-01228, decision Jan. 31, 2024), the Board determined all challenged claims (1–12) unpatentable (obviousness over Carmel, alone or with Feig, among other grounds). Status of each IPR: "Final Written Decision – Appealed."
• Federal Circuit (2026): WAG's appeals were docketed as CAFC Nos. 24-1627, 24-1628, 24-1631, 24-1632, 24-1633, 24-1634 (consolidated), appealing PTAB IPR2022-01227, 01228, 01412, 01413, 01430, and 01433. On March 9, 2026, a per curiam panel (Lourie, Wallach, Chen) entered judgment AFFIRMED under Fed. Cir. R. 36 (summary affirmance without opinion), upholding the PTAB's invalidation of the challenged claims. (Note: a news article on this outcome cited appeal numbers "24-1627, 24-1630," but I prioritized the actual CAFC docket documents, which list 24-1627, 24-1628, 24-1631, 24-1632, 24-1633, 24-1634; the '824-patent-specific appeals are 24-1628, 24-1631, and 24-1633, matching the Google Patents litigation links.)
• District court: Related WAG infringement suits naming the '824 patent were filed in W.D. Tex. (6:21-cv-00815, 6:21-cv-00816, 6:21-cv-01083), C.D. Cal. (2:21-cv-08230, 2:21-cv-08242), and N.D. Cal. (3:22-cv-05003, 4:22-cv-05003); several were stayed pending the IPRs.

Uncertainty notes

• I did not pull the claims directly from USPTO Patent Center; claim 1's text comes from the CAFC brief (an authoritative litigation exhibit), and the "12 claims / all invalidated" fact comes from PTAB records. I could not confirm from retrieved materials whether claims 7+ contain additional independent claims (e.g., a system claim); the IPR petitions treated all 12 claims as at issue, but I did not verify their dependency structure.
• Bibliographic details (assignee chain, status "Expired – Fee Related," anticipated expiration 2021-03-28) are per Google Patents/assignment records and are consistent across the sources reviewed.

I'll research litigation involving US Patent 9,742,824. Let me search several sources to compile a complete picture.

I have initial results. Let me dig deeper into the specific district court cases, IPRs, and Federal Circuit appeals.

Let me get details on the California district court cases and Federal Circuit appeals.

I have reached the limit of my search budget, but I have gathered enough verified information to compile the litigation record. Below is what is known, distinguishing facts verified through live sources from those that appear in the patent's own record.

Litigation Involving U.S. Patent No. 9,742,824 ("Streaming Media Delivery System")

Owner/plaintiff in virtually all cases: WAG Acquisition, L.L.C. (a litigation-funding vehicle backed by Woodsford Litigation Funding Ltd.; patents acquired from SurferNETWORK.com, Inc., inventor Harold Edward Price).

The '824 patent was asserted together with related family patents U.S. 9,729,594 and U.S. 9,762,636 in overlapping sets. Below are the specific proceedings in which the '824 patent appears.

I. District Court Infringement Actions (filed by WAG Acquisition)

1. WAG Acquisition, L.L.C. v. Amazon.com, Inc. et al.

• Case No.: 6:21-cv-00815 (W.D. Tex., Waco Div., Judge Alan D. Albright)
• Filed: August 6, 2021
• Defendants: Amazon.com, Inc.; Amazon Web Services, Inc.; Amazon.com Services LLC
• Patents asserted: 9,762,636; 9,742,824; 9,729,594 (per IPWatchdog, Aug. 11, 2021)
• Status: Amazon moved to transfer venue; the case was transferred to the Western District of Washington (docketed as 2:22-cv-01424), where Judge stayed the case on February 14, 2023 pending final resolution of nine IPR petitions (Amazon, Google, and Disney) challenging the three patents-in-suit.
• Sources: https://ipwatchdog.com/2021/08/11/patent-filings-roundup-litigation-funding-wags-dog-funded-western-district-semiconductor-campaign-sees-iprs-filed/ ; https://dockets.justia.com/docket/texas/txwdce/6:2021cv00815/[1143043](/patent/1143043) ; https://storage.courtlistener.com/recap/gov.uscourts.wawd.[314996](/patent/314996)/gov.uscourts.wawd.314996.114.0.pdf

2. WAG Acquisition, L.L.C. v. Google LLC et al. (YouTube)

• Case No.: 6:21-cv-00816 (W.D. Tex., Waco Div., Judge Alan D. Albright)
• Filed: August 6, 2021
• Defendants: Google LLC, YouTube, Inc. (Alphabet)
• Patents asserted: 9,762,636; 9,742,824; 9,729,594
• Status: Stayed pending IPR; Google filed IPR2022-01412 challenging all claims of the '824 patent (see below).
• Sources: https://www.docketalarm.com/search/?q=patent:(9742824) ; https://ipwatchdog.com/2021/08/11/patent-filings-roundup-litigation-funding-wags-dog-funded-western-district-semiconductor-campaign-sees-iprs-filed/

3. WAG Acquisition, L.L.C. v. Netflix, Inc.

• Case No.: 6:21-cv-01083 (W.D. Tex., Waco Div., Judge Alan D. Albright)
• Filed: October 18, 2021
• Defendant: Netflix, Inc.
• Status: Closed/terminated August 31, 2022 (DocketAlarm lists the case as terminated; RPX reported it as part of the October 2021 wave).
• Sources: https://www.docketalarm.com/cases/Texas_Western_District_Court/6--21-cv-01083/WAG_ACQUISITION_L.L.C._v._Netflix_Inc/ ; https://insight.rpxcorp.com/news/details?searchq=ents%3A%[2873757](/patent/2873757)%29

4. WAG Acquisition, L.L.C. v. The Walt Disney Company et al. (Disney+)

• Case No.: 2:21-cv-08230 (C.D. Cal., Judge John A. Kronstadt)
• Filed: October 18, 2021
• Defendants: The Walt Disney Company; Disney Streaming Services LLC; Disney Streaming Technology LLC; Disney Platform Distribution Inc.; BAMTech, LLC; ESPN, Inc. (Hulu LLC later consolidated as a consolidated defendant)
• Patents asserted: 9,742,824; 9,729,594; 9,762,636 (per First Amended Complaint, Dkt. 81, Aug. 11, 2022)
• Status: Stayed November 9, 2022 pending IPR (Order granting defendants' motion to stay, Dkt. 104). After the PTAB's Final Written Decisions finding the claims unpatentable, the case was resolved/dismissed.
• Sources: https://services.patexia.com/lawsuits/Wag-Acquisition-LLC-v-The-Walt-Disney-Company-et-al-id-[156024](/patent/156024)/documents ; https://dockets.justia.com/search?parties=Hulu+LLC&page=4

5. WAG Acquisition, L.L.C. v. Hulu LLC

• Case No.: 2:21-cv-08242 (C.D. Cal.)
• Filed: October 2021 (part of the same October 18, 2021 wave)
• Defendant: Hulu LLC
• Status: Hulu was consolidated into the Disney action (2:21-cv-08230) as a consolidated defendant; effectively resolved with the stay and subsequent IPR invalidation.
• Source: https://insight.rpxcorp.com/news/details?searchq=ents%3A%2873757%29

6. Northern District of California cases (listed on the patent record)

• Case Nos.: 3:22-cv-05003 and 4:22-cv-05003 (N.D. Cal.) appear on the Google Patents record for the '824 patent. These are presumed to be related Google/YouTube or related-party actions after transfer/consolidation, but I could not independently verify party names, filing dates, or status from my searches before hitting the search limit. I flag these as unverified.

II. Inter Partes Review (PTAB) Proceedings

All three IPRs resulted in Final Written Decisions finding all challenged claims of the '824 patent unpatentable (February 2024). These decisions were then affirmed by the Federal Circuit (see below).

1. The Walt Disney Company v. WAG Acquisition, L.L.C.

• Case No.: IPR2022-01228 (PTAB)
• Filed: July 8, 2022
• Petitioner: The Walt Disney Company (joined by Disney Streaming Services LLC / Hulu LLC interests)
• Outcome: Final Written Decision — challenged claims of the '824 patent found unpatentable.

2. Google LLC v. WAG Acquisition, L.L.C.

• Case No.: IPR2022-01412 (PTAB)
• Filed: August 12, 2022
• Petitioner: Google LLC
• Outcome: Final Written Decision (FWD No. 35, with hearing transcript Feb. 9, 2024) — all challenged claims found unpatentable.
• Source: https://www.docketalarm.com/search/?q=patent:(9742824)

3. Amazon.com, Inc. v. WAG Acquisition, L.L.C.

• Case No.: IPR2022-01430 (PTAB)
• Filed: August 23, 2022
• Petitioner: Amazon.com, Inc.
• Outcome: Final Written Decision No. 26, dated February 15, 2024 — "Final Written Decision Determining All Challenged Claims Unpatentable" under 35 U.S.C. § 318(a).
• Source: https://www.docketalarm.com/search/?q=patent:(9742824)

(Note: Related IPRs on the family patents include IPR2022-01429/01431 (Amazon) and IPR2022-01413/01432 (Google) challenging the 9,729,594 and 9,762,636 patents; the three IPRs above specifically cover the '824 patent.)

III. Federal Circuit Appeals

WAG Acquisition appealed the PTAB Final Written Decisions. The appeals were docketed as 24-1627 through 24-1633 (the patent record specifically lists 24-1628, 24-1631, and 24-1633; the ScaleJuris account also cites 24-1627 and 24-1630) and were consolidated.

• Appellees/petitioners below: Amazon.com, Inc.; Google LLC; The Walt Disney Company (with Hulu and Netflix as interested parties).
• Outcome: On March 9, 2026, the Federal Circuit issued a summary affirmance under Rule 36, affirming the PTAB's invalidation of the challenged claims (including those of the '824 patent) without a written opinion.
• Practical effect: Per the reporting, this "effectively ends WAG's litigation campaign against these major streaming providers concerning the invalidated patent claims."
• Sources: https://scalejuris.com/news/9940/federal-circuit-affirms-ptabs-invalidati ; https://www.courtlistener.com/docket/68554165/22/wag-acquisition-llc-v-walt-disney-company/

Summary of Current Status

Bottom line: Yes — US Patent 9,742,824 has been heavily litigated. WAG Acquisition sued Amazon, Google/YouTube, Netflix, Disney (Disney+), and Hulu across Texas, California, and Washington. All asserted claims were invalidated by the PTAB in IPR (Final Written Decisions in early 2024), and the Federal Circuit summarily affirmed on March 9, 2026, effectively ending the enforcement campaign against those defendants. I could not verify the party details for the two N.D. Cal. docket numbers (3:22-cv-05003, 4:22-cv-05003) listed on the patent record within my search budget, so those are noted but unconfirmed.

Proceedings overview

Total: 3 IPRs — 0 active, 0 settled, 0 denied, 3 reaching Final Written Decision, all finding the challenged claims unpatentable, all appealed by the patent owner to the Federal Circuit, and all affirmed by the CAFC in a combined per curiam judgment on 2026-03-09.

⚠️ ODP discrepancy, flagged per instructions: The USPTO ODP block says "no AIA trial proceedings on file," but that ingest is stale. Web-visible sources — the Google Patents metadata for this patent, DocketAlarm, Patexia, Unified Patents' PTAB portal, and a CourtListener-recorded Federal Circuit judgment — all independently confirm three IPRs against US 9742824 (IPR2022-01228, IPR2022-01412, IPR2022-01430). The "no PTAB activity" default is not reliable here.

Bottom-line defensive posture: This patent is dead as a practical matter. All twelve claims (claims 1–12) were challenged across the three IPRs; the PTAB found the challenged claims unpatentable in each; and the Federal Circuit affirmed every appeal on 2026-03-09. The patent is also expired (status "Expired – Fee Related"; anticipated expiration 2021-03-28, i.e., 20 years from the 2001-03-28 filing of parent application 09/819,337). No injunction is possible, damages are limited to pre-expiration conduct, and any demand letter citing claims 1–12 is pointing at claims that are unpatentable on an affirmed record.

IPR2022-01412 — Google LLC et al. v. WAG Acquisition, L.L.C.

• Type: Inter Partes Review
• Filed: 2022-08-12
• Status: Final Written Decision – Appealed (terminated at the PTAB 2024-03-20; CAFC appeal 24-1631)
• Judge panel: Hubert C. Lorin (author of FWD), John A. Hudalla, Steven M. Amundson (per DocketAlarm)
• Petition grounds: Unpatentability of claims 1–12 under § 102/§ 103 over prior art. I could not retrieve the specific reference combinations from the sources available to me; the FWD caption confirms a § 102/103 merits determination and the dismissal of petitioners' motion to exclude evidence.
• Institution decision: Instituted — 2023-03-23 (per Patexia). Reasoning not retrievable at this depth, but institution was full (claims 1–12, all challenged claims instituted).
• Final Written Decision: Issued 2024-03-20 (Doc. 35). Per the docket caption: "Final Written Decision Determining All Challenged Claims Unpatentable Dismissing Petitioners' Motion to Exclude." All twelve challenged claims — claims 1–12 — were held unpatentable. (DocketAlarm docket page; PTAB Doc. 35.)
• Settlement / termination: No settlement. Case terminated by the FWD.
• Appeal: Yes — Patent Owner's Notice of Appeal (Doc. 36) to the Federal Circuit, docketed as 24-1631. Affirmed by the CAFC in the combined per curiam judgment of 2026-03-09 (Lourie, Wallach, Chen) in WAG Acquisition, LLC v. Walt Disney Co., No. 24-1627 (and companion appeals), CourtListener opinion 10805629.
• Defensive value: The strongest single document in the arsenal. An affirmed FWD holding all challenged claims unpatentable means an infringement theory built on any of claims 1–12 is contradicted by a final, affirmed PTAB decision — and for Google and its privies, § 315(e)(2) estoppel plus the FWD foreclose re-argument.

IPR2022-01228 — The Walt Disney Company et al. v. WAG Acquisition, L.L.C.

• Type: Inter Partes Review
• Filed: 2022-07-08
• Status: Final Written Decision – Appealed (CAFC appeal 24-1628)
• Judge panel: Steven M. Amundson (author of FWD), Hubert C. Lorin, John A. Hudalla
• Petition grounds: Unpatentability of claims 1–12 (§ 102/§ 103). Specific references not retrievable from my sources.
• Institution decision: Instituted — 2023-02-06 (per Patexia). Full institution on claims 1–12.
• Final Written Decision: Issued 2024-01-31 (per Patexia). Patexia's summary lists claims 1–12 as challenged; the patent owner's appeal confirms the FWD was adverse to WAG — i.e., the challenged claims were found unpatentable. I could not retrieve the FWD text itself to quote the claim-by-claim disposition, so treat the granular breakdown as confirmed only by the appeal + CAFC affirmance, not by the FWD text.
• Settlement / termination: No settlement.
• Appeal: Yes — CAFC appeal 24-1628. Affirmed in the combined judgment of 2026-03-09 (CourtListener opinion 10805629).
• Defensive value: Same category as IPR2022-01412 — an affirmed invalidation of the same claim set by a different petitioner. It independently forecloses WAG from re-asserting claims 1–12 against Disney, Netflix, Hulu, and their privies, and corroborates the invalidity record for everyone else.

IPR2022-01430 — [Petitioner] v. WAG Acquisition, L.L.C.

• Type: Inter Partes Review
• Filed: Not confirmed from available sources (docket numbering places it in the same Aug–Sep 2022 wave as IPR2022-01412/01413 and 01433; filing date not surfaced in my retrievals).
• Status: Final Written Decision – Appealed (Patent Owner's Notice of Appeal, Doc. 27, filed 2024-03-28)
• Judge panel: Not confirmed from available sources.
• Petition grounds: Not confirmed from available sources (same coordinated § 102/§ 103 campaign pattern as the other two IPRs, but I will not name specific references I could not verify).
• Institution decision: Not confirmed (oral-hearing requests were on file by 2023-10-30, placing institution in early-to-mid 2023).
• Final Written Decision: Issued before the 2024-03-28 Notice of Appeal — i.e., February/March 2024. The patent owner's appeal and the CAFC's affirmance of IPR2022-01430 in the 2026-03-09 judgment confirm the FWD was adverse to WAG (challenged claims unpatentable). I could not retrieve the FWD text; claim-level details unverified.
• Settlement / termination: No settlement; docket activity (supplemental-authority briefing on a related ex parte appeal, demonstrative-objection practice, oral argument) shows a fully litigated trial phase.
• Appeal: Yes — CAFC appeal 24-1633 (per the patent's litigation metadata). Affirmed in the combined judgment of 2026-03-09.
• Defensive value: Completes the picture — a third, independent affirmed invalidation. Even with less public detail, its existence forecloses any argument that the two confirmed IPRs were aberrations.

Strategic summary

Claim status: CANCELED (all). Across the three IPRs, all twelve claims (claims 1–12) were challenged and found unpatentable; the CAFC affirmed all appeals on 2026-03-09. Once the affirmed FWDs are given effect via certificate, no claim of US 9742824 survives. Combined with the patent's expired status (2021-03-28), there is no claim a defendant can currently infringe and no claim that has survived adversarial testing. This is the strongest possible defensive posture short of reexamination of a different patent.

Estoppel landscape. § 315(e)(2) estoppel binds the IPR petitioners — Google LLC (IPR2022-01412) and The Walt Disney Company, Disney Streaming Services, Hulu, Netflix, and their privies (IPR2022-01228) — plus the unidentified petitioner in IPR2022-01430 and their privies. They cannot re-litigate any § 102/§ 103 ground raised or reasonably available in the IPRs. For a new defendant not in privity with the petitioners, § 315(e)(2) does not apply, and § 102/§ 103 grounds remain technically available — but they are largely academic: the claims are unpatentable on an affirmed record, and any merits fight is over pre-expiration damages only. § 112 and other non-IPR defenses remain fully available to everyone.

Pattern signals. This is a textbook coordinated defensive campaign: a patent-assertion entity (WAG Acquisition LLC, tied to the SurferNetwork/SN Acquisition chain) sued a group of streaming defendants in W.D. Tex. (Judge Albright: 6:21-cv-00815, 6:21-cv-00816, 6:21-cv-01083) and C.D. Cal. (2:21-cv-08230, 2:21-cv-08242); the defendants answered with a wave of IPRs in 2022 (IPR2022-01227/01228, 01412/01413, 01430/01433 — several of the companion cases targeting family patents such as US 8,595,372 and US 7,716,358). WAG appealed every FWD to the Federal Circuit and lost across the board on 2026-03-09 (Lourie, Wallach, Chen, per curiam, nonprecedential). The presence of Unified Patents' litigation/PTAB data in the chain is tracking metadata, not a named petitioner — the named petitioners are the defendants themselves. The signal for a new defendant: this patent has already been through the gauntlet and did not survive.

Recommended next steps

1. No active PTAB proceedings — nothing pending, no institution deadlines, no oral hearing, no FWD due dates to watch. The IPR dockets are closed and the appeals are decided.
2. Cite the affirmed FWDs. The clearest single exhibit is IPR2022-01412, Doc. 35 (FWD, 2024-03-20): "Final Written Decision Determining All Challenged Claims Unpatentable Dismissing Petitioners' Motion to Exclude" — available via DocketAlarm's PTAB docket for IPR2022-01412 and the USPTO PTAB E2E portal (also tracked at https://portal.unifiedpatents.com/ptab/case/IPR2022-01412, with IPR2022-01228 and IPR2022-01430 at the corresponding portal URLs).
3. Lead with the CAFC affirmance. WAG Acquisition, LLC v. Walt Disney Co., Nos. 2024-1627, 2024-1628, 2024-1631, 2024-1632, 2024-1633 (Fed. Cir. 2026-03-09) (per curiam, nonprecedential), AFFIRMED — docketed at CourtListener: https://www.courtlistener.com/opinion/10805629/wag-acquisition-llc-v-walt-disney-company/ . This is the final nail: all appeals from IPR2022-01227, 01228, 01412, 01413, 01430, and 01433 resolved in the petitioners' favor.
4. Deploy the expiration defense. The patent is "Expired – Fee Related" with anticipated expiration 2021-03-28. Demand letters referencing 9742824 can be answered with: (a) the patent expired before the asserted conduct (no injunctive relief, damages capped at pre-2021-03-28 conduct, with laches/§ 286 look-back defenses), and (b) all claims are unpatentable per affirmed FWDs.
5. If you are in privity with any IPR petitioner (Google, Disney/Netflix/Hulu, Amazon — the CAFC appellee group), you can additionally invoke § 315(e)(2) estoppel as a shield against any re-assertion of the same grounds.
6. Honest gaps to verify before filing anything: (i) the petitioner name, exact filing date, panel, and FWD text for IPR2022-01430 were not confirmed from my retrievals — pull the FWD from PTAB E2E before citing it; (ii) the specific prior-art references used in each petition were not retrieved, so quote the FWDs directly rather than characterizing the art; (iii) confirm whether the post-affirmance cancellation certificates for claims 1–12 have issued (they should follow the 2026-03-09 mandate).

I'll research the assignment record and ownership chain for US 9742824. Let me start with several searches.

Good context so far. Now let me dig into the specific USPTO assignment records (reel/frame) and the corporate entities in the chain.

Let me dig into the earlier litigation (XM Satellite Radio case) which appears to detail the ownership chain, and search for the specific reel/frame records.

I have enough to reconstruct the chain. I could not retrieve the USPTO reel/frame numbers or assignment correspondents directly in this session (the Assignment Center requires interactive access), so I flag that limitation explicitly rather than fabricating numbers. Here is the full analysis.

Inventors

• Harold Edward Price — sole named inventor; resident of Bethel Park, Pennsylvania (per the patent fronts of US 6,766,376, US 8,364,839, US 10,567,453, and the CourtListener record in WAG Acquisition, L.L.C. v. XM Satellite Radio, Inc., 1:08-cv-06357).
• Employer at filing: not directly determinable from the record. The family's assignee entities were run by William Grywalski — the XM court described him as "co-founder and/or president of each entity that previously owned the '376 patent," located in Budd Lake / Flanders, New Jersey (CourtListener docket 4344630, transfer opinion). Price appears to have developed the technology in connection with the Grywalski-run SurferNetwork/SNA/WAG entity cluster. Unusual pattern: Price is the sole inventor across the entire family (provisional 60/231,997, filed 2000-09-12, through US 9,742,824, granted 2017-08-22), while all corporate ownership sat in a rotating set of NJ LLCs — a classic inventor-to-holding-entity structure.

Original assignee

• Entity on the issued patent: WAG Acquisition, L.L.C., Flanders, NJ (3 Gold Mine Road, Suite 104, Flanders, NJ 07836 per the 2008 complaint).
• Products: No evidence WAG Acquisition LLC ever shipped a product embodying the claims. It did business as "SurferNETWORK" (the 2008 amended complaint: "WAG Acquisition, L.L.C. d/b/a SurferNETWORK"), and the earlier entity cluster (SurferNetwork.com, Inc. / SN Acquisition, LLC) appears to have run an Internet-radio/streaming operation — the 2008 complaint attached SurferNetwork web pages. By the time of this patent, WAG was a holding/assertion vehicle: litigation databases describe it as a "patent assertion entity" / "streaming media patent licensing entity."
• Current status: Still operating as an assertion entity (lawsuits through 2025–2026), but the family has been gutted: the Federal Circuit affirmed PTAB invalidation by Rule 36 judgment on 2026-03-09 (appeals 24-1627, 24-1628, 24-1631 through 24-1634, 24-1630) and affirmed the PTAB's anticipation finding against US 8,327,011 on 2026-08-07. Per Google Patents, US 9,742,824 itself is Expired - Fee Related (anticipated expiration 2021-03-28).

Assignment timeline

The USPTO Assignment Center records exist (they are mirrored as the "legal events" on the Google Patents page for US 9742824), but I could not retrieve reel/frame numbers or correspondent-of-record names in this session — those fields require direct Assignment Center lookup. Verify at https://assignmentcenter.uspto.gov/ (search patent 9742824). All events below are "ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS)" per Google Patents, recorded in a five-day cluster immediately before grant (grant 2017-08-22):

• 2017-06-26 (executed date not separately shown) / recorded 2017-06-26 — Reel not retrieved

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Harold Edward Price
  • Assignee: WAG Acquisition, L.L.C.
  • Correspondent: not retrieved — flag for Assignment Center verification
  • Context: inventor-to-LLC transfer consolidating rights in the assertion vehicle before issuance.

• 2017-06-30 / recorded 2017-06-30 — Reel not retrieved

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Harold Edward Price
  • Assignee: SurferNetwork.com, Inc.
  • Correspondent: not retrieved
  • Context: inventor assignment into the legacy operating-brand entity.

• 2017-06-30 / recorded 2017-06-30 — Reel not retrieved

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Geode Electronics, LLC
  • Assignee: SurferNetwork.com, Inc.
  • Correspondent: not retrieved
  • Context: related-LLC consolidation into SurferNetwork.com.

• 2017-06-30 / recorded 2017-06-30 — Reel not retrieved

  • Conveyance: Assignment of Assignors Interest
  • Assignor: SurferNetwork.com, Inc.
  • Assignee: SN Acquisition, LLC
  • Correspondent: not retrieved
  • Context: transfer up the chain to the SNA vehicle (SN Acquisition was the assignee of the earlier US 6,766,376).

• 2017-06-30 / recorded 2017-06-30 — Reel not retrieved

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Harold Edward Price
  • Assignee: WAG Acquisition, LLC
  • Correspondent: not retrieved
  • Context: second direct inventor → WAG transfer, part of the same consolidation cluster.

• 2017-06-30 / recorded 2017-06-30 — Reel not retrieved

  • Conveyance: Assignment of Assignors Interest
  • Assignor: SN Acquisition, LLC
  • Assignee: WAG Acquisition, LLC
  • Correspondent: not retrieved
  • Context: final link — the whole family terminates in WAG Acquisition LLC, the asserting entity.

Earlier family-context event (not a recorded assignment for this patent): per the amended complaint in WAG Acquisition v. XM Satellite Radio (S.D.N.Y. 1:08-cv-06357), Surfer Internet Broadcasting of Mississippi, LLC was merged into WAG Acquisition, L.L.C. — and the transfer opinion notes SIBM "was formed merely seven days before the institution of this action."

Timeline diagram

timeline
    title Ownership of US 9742824
    2000 : Provisional filed by Price
    2001 : Utility filed
    2004 : First family patent issued
    2008 : Suit vs XM Satellite Radio
    2016 : Continuation filed
    2017 : Patent issued to WAG Acquisition
         : Price assigns to SurferNetwork.com
         : Geode Electronics assigns to SurferNetwork.com
         : SurferNetwork.com assigns to SN Acquisition
         : SN Acquisition assigns to WAG Acquisition
    2019 : Family asserted vs Chaturbate
    2021 : Suits vs Disney Google Amazon Netflix
    2022 : IPR petitions filed
    2026 : Federal Circuit affirms invalidation

NPE / troll-pattern signals

1. Shell-entity transfer — present. US 9,742,824 was consolidated into WAG Acquisition, L.L.C., a New Jersey LLC with no product lines, via six assignments recorded 2017-06-26 through 2017-06-30 (Google Patents legal events). Litigation databases expressly describe WAG as a "patent assertion entity" / "patent licensing entity." Corroborating family pattern: Surfer Internet Broadcasting of Mississippi, LLC was created seven days before the 2007 Mississippi suit and merged into WAG (transfer opinion, 1:08-cv-06357). Naming alone isn't the finding — the absence of products plus the documented suit-vehicle history is.

2. Known asserter in the chain — present. WAG Acquisition LLC is a high-frequency plaintiff on this exact family: WAG Acquisition v. XM Satellite Radio (S.D.N.Y. 1:08-cv-06357, 2008, '376 patent); v. Multi Media LLC / Friendfinder / Streamray (C.D. Cal. 2:19-cv-07076; N.D. Cal. 4:23-cv-05846, Chaturbate); v. Disney, Hulu, Netflix, Google, Amazon (W.D. Tex. 6:21-cv-00815, -00816, -01083; C.D. Cal. 2:21-cv-08230, -08242; N.D. Cal. 3:22-cv-05003, 4:22-cv-05003 — complaints naming 9,742,824); v. Beronata/Proweb/Technius (E.D. Tex. 2:24-cv-00714, 2:25-cv-00162, Stripchat). The Google Patents page itself carries Unified Patents litigation data for these cases, and Unified Patents' docket lists IPR2022-01412, IPR2022-01430, IPR2022-01228 against the family.

3. Repeat correspondent across the chain — unclear. I could not access the USPTO Assignment Center reel/frame records in this session, so I cannot name the correspondent on any of the six recorded assignments. What is documented is repeat litigation counsel: Liston Abramson LLP (Ronald Abramson; Ari Jaffess) argued for WAG in the consolidated 2024-1627/1628/1630-1634 Federal Circuit appeals and appeared in the E.D. Tex. cases (with Jackson Walker LLP); Hughes Hubbard & Reed appeared in the N.D. Cal. case. That is counsel recurrence in litigation, not the assignment-correspondent signal — flag as not verified, pending Assignment Center lookup.

4. Cascading transfers — present. Six assignments in five calendar days (2017-06-26 to 2017-06-30) moving the patent Geode Electronics → SurferNetwork.com → SN Acquisition → WAG Acquisition, plus two direct Price → WAG transfers — all consolidating into the single assertion vehicle immediately before grant. This is a textbook consolidation cascade into the litigating LLC.

5. Pre-litigation transfer — not present for this patent. The June 2017 transfers precede the first suit naming US 9,742,824 (October 2021, C.D. Cal. 2:21-cv-08230) by more than four years. However, the family has a documented earlier instance: SIBM was formed seven days before the 2007 Mississippi suit (transfer opinion, 1:08-cv-06357). I do not count that as satisfying the 6-month test for this patent.

6. Bankruptcy fire-sale — not present. No Chapter 7/11 proceedings surfaced for any entity in the chain (SurferNetwork.com, Geode Electronics, SN Acquisition, WAG Acquisition).

7. Privateering — not present. No evidence WAG asserts on behalf of an operating company against competitors; no SEC filings connect it to a public operating company. The chain runs inventor → Grywalski-run LLCs → assertion LLC, not operator → NPE.

8. Defensive aggregator (anti-NPE) — not present. The chain terminates at WAG Acquisition LLC, an asserting entity — not RPX, AST, LOT, Unified Patents, or OIN. Note the inverse dynamic: the patents were neutralized by IPR invalidation (Rule 36 affirmance 2026-03-09; '011 affirmance 2026-08-07), but that is a validity outcome, not defensive aggregation.

Verdict

NPE — high confidence.

WAG Acquisition, L.L.C. is a litigation-only entity with no products that has run a documented, multi-year assertion campaign across this exact patent family (XM/Sirius 2008; Chaturbate operators 2019–2023; Disney/Netflix/Hulu/Google/Amazon 2021; Stripchat operators 2024–2025), and the patent was moved into WAG through a six-assignment cascade recorded 2017-06-26 through 2017-06-30, immediately before grant — matching the family's earlier documented shell-vehicle pattern (SIBM formed seven days pre-suit per the 1:08-cv-06357 transfer opinion). The strong signals are the known-asserter identity (signal 2), the shell consolidation into WAG (signal 1), and the cascading transfers (signal 4). Verification: USPTO Assignment Center at https://assignmentcenter.uspto.gov/ (patent 9742824) for reel/frame and correspondent fields I could not retrieve programmatically; Google Patents legal events at https://patents.google.com/patent/US9742824/en; CAFC Rule 36 judgments 24-1627 and 24-1630 (2026-03-09) at cafc.uscourts.gov.

The initial searches didn't surface the full citations list. Let me dig deeper into the Google Patents citations section and related sources.

I need to verify the specific cited references and also look at the IPR prior art (Carmel, Feig) that was central to the invalidation. Let me search for these.

I have reached the search-budget limit, so I'll now answer directly from the verified information gathered plus the authoritative patent text provided. I'll flag explicitly what I could and could not verify.

Prior Art Analysis — U.S. Patent No. 9742824 ("Streaming Media Delivery System")

A. Search methodology and verification notes

• I searched for the exact identifier 9742824 (no similar numbers substituted). The only U.S. patent matches were US9742824B2 (and its family members). One search result surfaced an unrelated WO1997042824A1 ("Composition antimicrobienne") — that is a different number series (PCT publication) and was not treated as a match.
• I could not pull the full machine-generated "Patent Citations" tab from the Google Patents page for US9742824B2 within this session's search budget. Accordingly, the patent-citation list below is taken from the patent's own specification (Description of the Related Art, reproduced in the authoritative full text provided), which is the primary source of the references considered by the examiner. The specification names exactly six U.S. patents.
• One of the six — US 6,029,194 (Tilt) — I independently verified via FreePatentsOnline, EveryPatent, the Unified Patents portal, and the EPO family file (EP 0 901 249), confirming inventor, assignee, and dates (with a minor Feb. 21 vs. Feb. 22, 2000 grant-date discrepancy between sources).
• The remaining five references I could not re-verify against a live database within budget; their dates below are from my training knowledge and are flagged as such.
• Important legal note on § 102: Because the '824 patent is a continuation claiming priority through a chain of applications filed before March 16, 2013 (earliest non-provisional Mar. 28, 2001; provisional Sep. 12, 2000), pre-AIA § 102 governs. All six cited references issued before the Sep. 12, 2000 priority date, so each is available as prior art at least under pre-AIA § 102(a) and § 102(e).
• Also important: in the actual IPR proceedings (IPR2022-01228, -01412, -01430), the PTAB found all challenged claims unpatentable under § 103 obviousness over a reference identified as "Carmel" (alone or with "Feig") — not over the six background references cited on the patent face. I was unable to verify the full bibliographic details of "Carmel" and "Feig" within budget, so I flag those as unverified (see § C).

B. The six patent citations on the face of US 9742824 (per the specification's Description of the Related Art)

1. U.S. Patent No. 6,029,194 — Tilt, "Audio/video media server for distributed editing over networks"

• Citation: US 6,029,194 A (Tektronix, Inc.; inventor Christopher E. Tilt, Portland, OR)
• Dates: Filed Jun. 10, 1997 (Appl. 08/872,032); granted Feb. 21–22, 2000 (sources differ slightly; priority date Jun. 9–10, 1997). Verified.
• Description: A media server that responds asynchronously to client frame requests over a network. Each client request contains a clip identifier, a delivery-destination identifier, and a "framelist" of desired frame numbers. The server parses the requests, asynchronously reads the requested frames from a file system into a FIFO buffer, adjusts a local clock rate based on buffer fullness, and transmits the frames as network packets in response to clock interrupts — so the client controls timing (a "pull" model, contrasted with push-type video-on-demand servers).
• Relevance to § 102 (claim 1): This is the closest of the six cited references to the claimed pull model. It arguably discloses: reading a stored program (digital video file); supplying media data elements (frames); identifying elements (clip id + frame numbers) that indicate sequence; storing them in a buffer/data structure under server control; receiving client requests that specify identifiers; and sending the requested elements. However, it likely does not disclose (i) sending "as fast as the connection allows," (ii) a connection rate faster than the playback rate, or (iii) the negative limitation that the server does not maintain a record of the last element sent (Tilt registers clients and processes per-client request state). Full anticipation of claim 1 by Tilt alone is therefore doubtful; its strongest role is as a § 103 base/combination reference. It is also the reference most on-point for the "user-system requests with serial identifiers" embodiments described in the '824 specification (col./¶ on the client-request-driven embodiment).

2. U.S. Patent No. 6,014,706 — Cannon et al., "Apparatus and method for displaying streamed digital video data on a client computer"

• Citation: US 6,014,706 A (inventors Cannon et al.; assignee believed Avid Technology)
• Dates: Issued Jan. 11, 2000 (filed ~1997). Date not re-verified this session — flag.
• Description: A client computer configured to receive streamed digital video data from a server computer via a computer network; the streamed data is transmitted as a stream of video frames and displayed by client-side apparatus/method.
• Relevance to § 102: Discloses client-side reception/display of streamed video frames and general streaming over a network. It does not disclose the server-side serial-identifier request/response model, the server data structure, or the "as fast as the connection allows / faster than playback" send conditions. It would not anticipate independent claim 1; it is most relevant to any user-system/player-side limitations in dependent claims (whose text I did not independently verify).

3. U.S. Patent No. 6,002,720 — Yurt et al., system for distributing video and/or audio information

• Citation: US 6,002,720 A (Yurt et al.)
• Dates: Issued Dec. 14, 1999. Date not re-verified this session — flag.
• Description: Per the '824 specification: "a system for distributing video and/or audio information, wherein digital signal processing is employed to achieve high rates of data compression."
• Relevance to § 102: Discloses compressed audio/video distribution generally. It does not appear to disclose client-requested, serially identified media elements pulled from a server-side buffer, or the faster-than-playback send conditions. Weak anticipation candidate; background/compression art only.

4. U.S. Patent No. 5,923,655 — Veschi et al., "Systems and methods for communicating audio/video data in a packet-based computer network"

• Citation: US 5,923,655 A (Veschi et al.)
• Dates: Issued Jul. 13, 1999. Date not re-verified this session — flag.
• Description: Per the '824 specification: "a system and method for communicating audio/video data in a packet-based computer network, wherein transmission of data packets through the computer network requires variable periods of transmission time."
• Relevance to § 102: Discloses packet-network transport of A/V data with variable transmission delays — background for the dropout problem the '824 patent addresses. It does not disclose the serial-identifier pull/request model, the server-side data structure, or the "as fast as the connection allows" send condition. Unlikely to anticipate claim 1.

5. U.S. Patent No. 5,922,048 — Emura, "Video server apparatus"

• Citation: US 5,922,048 A (Emura; assignee believed Kabushiki Kaisha Toshiba)
• Dates: Issued Jul. 6–13, 1999 (month confirmed as July 1999). Exact day not re-verified this session — flag.
• Description: Per the '824 specification: "a video server apparatus having a stream control section that determines a keyframe readout interval and a keyframe playback interval, which satisfy a playback speed designated by a terminal apparatus."
• Relevance to § 102: Discloses server-side stream control responsive to a terminal-designated playback speed — i.e., rate control, not identifier-based client pull. It does not disclose user requests specifying serial identifiers of elements, nor the "without server tracking last element sent" limitation. Unlikely to anticipate claim 1.

6. U.S. Patent No. 6,014,694 — Aharoni et al., "System and method for adaptively transporting video over networks"

• Citation: US 6,014,694 A (Aharoni et al.; assignee believed IBM)
• Dates: Issued Jan. 11, 2000. Date not re-verified this session — flag.
• Description: Per the '824 specification: "a system and method for adaptively transporting video over networks, including the Internet, wherein the available bandwidth varies with time."
• Relevance to § 102: Discloses adaptive transport in response to varying bandwidth — relevant to the "connection faster than playback rate" concept only in the sense of matching transport to available bandwidth. It does not disclose serial identifiers, request-driven sending of stored data-structure elements, or the no-server-tracking limitation. Unlikely to anticipate claim 1.

Summary table — potential § 102 anticipation of the verified independent claim 1

Caveat on claim coverage: I independently verified only the text of claim 1 (from the CAFC appellees' brief). The patent has 12 claims, but I could not confirm the dependency structure or whether other independent claims (e.g., system/apparatus claims) exist; I therefore mapped anticipation to claim 1 and could not verify claim-specific mappings for claims 2–12.

C. The most relevant prior art in practice: the IPR references (Carmel / Feig)

• In the three IPRs (Disney IPR2022-01228, Google IPR2022-01412, Amazon IPR2022-01430), the PTAB's Final Written Decisions (Jan.–Mar. 2024) found all challenged claims (1–12) unpatentable under 35 U.S.C. § 103 as obvious over a primary reference identified as "Carmel" (alone or in combination with "Feig"), among other grounds. The Federal Circuit summarily affirmed under Rule 36 on March 9, 2026.
• Explicit uncertainty: I could not verify, within this session's search budget, the full bibliographic details (patent/application number, inventors, dates) of the "Carmel" and "Feig" references. I am not providing guessed patent numbers for them. To complete a § 102/§ 103 chart against those references, you should pull the IPR Final Written Decisions (e.g., IPR2022-01430, FWD No. 26, Feb. 15, 2024) from the PTAB/Unified Patents dockets.
• Note that the PTAB's invalidation was on obviousness (§ 103), not anticipation (§ 102) — so while the cited face references above are analyzed for potential § 102 anticipation, the actual operative prior art that invalidated the patent was the IPR's § 103 combination(s).

D. Bottom line

1. The patent cites six U.S. patents in its background: 6,029,194 (Tilt), 6,014,706 (Cannon), 6,002,720 (Yurt), 5,923,655 (Veschi), 5,922,048 (Emura), and 6,014,694 (Aharoni) — all pre-2000 and all available as pre-AIA § 102 prior art.
2. Tilt (US 6,029,194) is by far the most technically relevant of the six to the claimed client-request/serial-identifier/server-buffer pull model, but it likely does not, by itself, disclose every limitation of claim 1 (notably the faster-than-playback "as fast as the connection allows" sending and the no-server-tracking limitation). The others are background art that would not anticipate claim 1 standing alone.
3. The prior art that actually killed the patent in litigation was the IPR's Carmel (and Feig) § 103 combination — the bibliographic details of which I could not verify in this session and should be confirmed from the PTAB Final Written Decisions before relying on them.

I found the key prior art from the IPR record (Carmel, Feig, Willebeek-LeMair). Let me get precise bibliographic details on these references.

I have the key IPR prior art. Let me confirm the exact Feig reference and the Willebeek-LeMair reference details.

Obviousness Analysis of U.S. Patent No. 9,742,824 Under 35 U.S.C. § 103

Preliminary note on sources

The provided patent text contains no standalone "Prior Art" section beyond the patent's own Description of the Related Art (which lists U.S. 6,029,194 Tilt; 6,014,706 Cannon; 6,002,720 Yurt; 5,923,655 Veschi; 5,922,048 Emura; 6,014,694 Aharoni). I have therefore treated the operative "Prior Art" for § 103 purposes as (a) those patent-specification references plus (b) the prior art actually relied upon in the IPR/CAFC record, which I verified through live searches of the PTAB petitions, expert declarations (Dr. Kevin Jeffay's Ex. 1002 and W. Leo Hoarty's Ex. 2007), and the Federal Circuit appellees' brief (CAFC No. 24-1627, Doc. 22): Carmel (U.S. Patent No. 6,389,473 B1, Ex. 1005), Feig (Ex. 1031/3031, an Ephraim Feig / IBM patent directed to simulating streaming from a non-streaming web server), and Willebeek-LeMair et al., "Bamba—Audio and video streaming over the Internet" (IBM, 1998, Ex. 1006). I was unable to verify Feig's exact patent number within my search budget, so I identify it by exhibit number and content only.

This analysis mirrors — and is confirmed by — the actual adjudicated outcome: the PTAB's Final Written Decisions in IPR2022-01228 (Disney), IPR2022-01412 (Google), and IPR2022-01430 (Amazon) all held claims 1–12 unpatentable as obvious, and the Federal Circuit summarily affirmed on March 9, 2026.

I. The claimed invention in scope

The '824 patent has 12 claims: independent method claims 1, 5, and 9 (differing only in "server system" vs. "server" recitation), with dependent claims 2–4, 6–8, and 10–12. Claim 1 (verified verbatim from the CAFC brief) requires a method of distributing a pre-recorded audio/video program over the Internet, in which a server system:

1. reads the digitally encoded pre-recorded program (1.a);
2. supplies media data elements — digitally encoded portions each having a playback rate (1.b);
3. serially identifies the elements so identifiers indicate time sequence (1.c);
4. stores the elements in a data structure under server control (1.d);
5. receives requests from user systems specifying serial identifiers (1.e);
6. sends the requested elements (1.f–1.g);

subject to the limiting conditions that:

• each connection runs faster than the playback rate (1.h);
• sending occurs as fast as the connection allows (1.i);
• elements are selected without the server maintaining a record of the last element sent to that user (1.j);
• all elements sent are sent in response to requests (1.k); and
• all elements sent come from the data structure as first stored (1.l).

Dependent claims add: sequential identifiers (2, 6, 10); reliable transmission protocol (3, 7, 11); TCP (4, 8, 12).

II. Legal framework

Under 35 U.S.C. § 103, a claim is unpatentable if the differences between the claimed subject matter and the prior art are such that the subject matter as a whole would have been obvious to a person of ordinary skill in the art (POSITA) at the time of the invention. The Graham factors apply: (1) scope and content of the prior art; (2) differences between the prior art and the claims; (3) level of ordinary skill; and (4) secondary considerations. Under KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), obviousness can be shown by "the combination of familiar elements according to known methods," a "known technique" applied "to improve a similar device or method in the same way," and "a finite number of identified, predictable solutions" — all of which are squarely implicated here. The IPR standard is preponderance of the evidence; the PTAB applied exactly this framework in finding all 12 claims unpatentable.

Level of ordinary skill: A POSITA would be a designer or engineer with a bachelor's degree (or equivalent experience) in computer science/electrical engineering and 2–4 years of experience in networked multimedia delivery, familiar with HTTP/TCP/IP, web server architectures, buffering, and streaming protocols as of September 2000. Both party experts (Jeffay for petitioners, Hoarty for patent owner) analyzed the art from this vantage.

III. The prior art references

A. Carmel — U.S. Patent No. 6,389,473 B1 ("Network Media Streaming")

Carmel et al., filed Mar. 24, 1999, issued May 14, 2002, assigned to Geo Interactive Media Group Ltd. It discloses a method for "real-time broadcasting from a transmitting computer to one or more client computers over a network" (claim 1) that:

• divides a data stream into a sequence of slices, each with a predetermined data size (2:1–21);
• encodes the slices in a corresponding sequence of files, each file having a respective index (Abstract; 7:18–34 — "Computer 34 stores each slice as a corresponding file, having a running slice index 1, 2, 3 . . . N," with time stamps);
• uploads the sequence to a server at an upload rate generally equal to the data rate (Abstract);
• stores the files on the server in a "first-in-first-out" sequence (7:55–58);
• has clients download the sequence from the server over HTTP (7:4–9), reading an index file identifying the most recently uploaded slice (Fig. 3B; 7:27–31), with a slider UI letting the user "decide and indicate at which slice of data stream 40 to begin downloading" (10:42–45; Fig. 3C);
• teaches that "[r]esponsive to a user input, client 30 selects an appropriate starting slice and begins to download and decode (decompress) files 42, 44, 46, etc." (10:46–50; Fig. 6A), with the client opening "one or two HTTP links, over which files 42, 44, 46, etc., are downloaded in successive alternation" (10:38–40);
• expressly states that "a prerecorded sequence may similarly be broadcast in this manner" (6:44–47).

Carmel's two embodiments are a separate-file, single-quality embodiment (Figs. 3A/3B/3C/6A, stream 40) and a single-indexed-file, multi-quality embodiment (Figs. 3D/6B, stream 41). The IPR record relied only on the separate-file embodiment.

B. Feig — Ex. 1031 (IBM / Ephraim Feig)

Feig is "directed toward a method for causing an Internet browser to 'induce a non-streaming server to simulate a streaming server'" (1:9–10), "well suited for viewing video whose compressed data is transmitted from a server, without the need for storing all the data in advance at the local site, and without the need for the server to have streaming capabilities" (6:14–19). It:

• partitions video into sequenced segments (6:17–19);
• defines a URLS (Uniform Resource Locator Sequence) data type: a header plus an ordered list URLS(1)…URLS(n), where each entry contains a URL, a time duration T(j), and a size B(j) (3:19–37; Figs. 1–2);
• on a user click, a "Fetch segment" module on the client makes a series of requests for "URL(1), URL(2), and so on, until URL(A1)" (5:16–18) — HTTP GET requests for files identified by URL;
• uses two alternating client buffers (BUFF_A/BUFF_B) and a buffer-fullness monitoring technique that determines when "all the data" for a buffer arrives (5:14–23, 5:16–43), avoiding buffer overrun;
• displays segments "in proper timing order as prescribed by the content creator" (5:44–47).

The Board found that "each URL in URLS(1) to URLS(n) corresponds to a 'serial identifier'" and "each associated segment of data corresponds to a 'media data element'" under claim 1 — i.e., Feig's client-driven, URL-addressed, per-segment requests embody the client-pull model with no server-maintained per-user state (HTTP is stateless).

C. Willebeek-LeMair et al., "Bamba — Audio and video streaming over the Internet" (1998, Ex. 1006)

Describes IBM's Bamba streaming system and expressly teaches that "the underlying transport protocol used by HTTP is TCP/IP, which provides reliable end-to-end network connections" and "Bamba uses TCP/IP as the underlying communication protocol."

D. Patent-specification references (cumulative)

• Tilt (6,029,194): media server streaming frames through a FIFO buffer with a clock rate adjusted to buffer fullness — server-side buffering for streaming continuity.
• Cannon (6,014,706): streamed digital video transmitted server-to-client as a stream of video frames.
• Yurt (6,002,720), Veschi (5,923,655), Emura (5,922,048), Aharoni (6,014,694): packetized audio/video distribution, variable transmission delay, video-server stream control, and adaptive bandwidth transport.

IV. Combination 1 — Carmel alone renders claim 1 (and 5, 9) obvious

The PTAB found that Carmel alone renders the challenged claims obvious. The element-by-element mapping is strong:

Why a POSITA would be motivated (Carmel alone). Carmel's entire architecture — indexed slice files, an index file, an HTTP download path, and a client-side slider for choosing a starting slice — already points to client-initiated, per-slice retrieval. The step from "client selects starting slice and downloads successive files over HTTP" to "client sends HTTP requests specifying slice indices and the server responds" is a routine implementation choice, not an inventive leap: HTTP 1.1 (expressly contemplated) is a request/response protocol in which a server sends a resource only upon a client request identifying it. A POSITA reading Carmel's Fig. 6A ("Connect to Server," "HTTP From Server," "Read Index File," "Select Slice") would understand that selecting and downloading individually indexed slice files over HTTP necessarily involves client requests identifying those files — the server has no other basis for knowing which slice to send when the client has the discretion to start at any slice. The Board's finding that Carmel "does not expressly disclose a pull system but nonetheless" renders it obvious (CAFC Br. §II.B.1) rests on exactly this logic, and the CAFC affirmed it as supported by substantial evidence.

V. Combination 2 — Carmel in view of Feig

For the limitations the Board found Carmel does not itself expressly teach (chiefly 1.j — client requests without server-maintained per-user state — and, on WAG's argument, the granularity of individually requested elements), Feig supplies the express disclosure:

• Client-pull with serial identifiers (1.c, 1.e, 1.f, 1.j): Feig's "Fetch segment" module "makes a series of requests to a server for URL(1), URL(2), and so on" (5:16–18), where video "is partitioned into sequenced segments" (6:17–19) and each URL in URLS(1)…URLS(n) identifies a contiguous time segment (3:19–37). The Board found each URL is a "serial identifier" and each segment a "media data element," with requests made individually by the client — no server state required, consistent with HTTP's statelessness.
• All sends in response to requests (1.k): Feig's client fills two alternating buffers solely by requesting the URLs in each segment; a POSITA would recognize the buffer-overflow risk if the server sent anything other than what was requested (5:16–43).
• Faster-than-playback filling / no overrun (1.h, 1.i): Feig's dual-buffer scheme fetches each next segment while the current one plays — fetching proceeds at connection speed, which is faster than playback, exactly the elastic-buffer behavior the '824 patent describes.

Motivation to combine (as found by the Board and affirmed on appeal). The Board credited multiple, overlapping motivations, each supported by substantial evidence (CAFC Br. §III; Appx468–478):

1. Client control and Carmel's own goal. Feig's per-segment client requests let the client "precisely control and select which segments it receives from the server," which "complements Carmel's goal of allowing a user to decide and indicate at which slice of data stream 40 to begin downloading" (Carmel 10:42–45). This is the paradigm KSR case: "using a known technique in Feig to improve a similar device or method in Carmel in the same way."
2. Eliminating server state / race conditions. A client-driven scheme "enable[s] the combined system to operate without depending on the server maintaining a record of the last media data element sent" — solving the race-condition problem the '824 patent itself acknowledges ("the server tracking the segment state could conflict and/or cause race conditions with new input selections made by the user," Jeffay Decl. ¶149).
3. Buffer management. Feig's buffer-fullness monitoring and alternating-buffer technique "alleviate any concerns about buffer overruns" that could arise in Carmel's system, determining "when 'all the data' for a buffer arrives" (Feig 5:16–43).
4. Server generality. Feig's approach lets an ordinary (non-streaming) web server deliver streaming media — expanding the types of servers usable with Carmel beyond dedicated broadcast infrastructure, consistent with Carmel's stated goal of using "common, existing server and network infrastructure."

No impermissible hindsight is involved: both references address the same problem (streaming multimedia over the Internet from a standard server to browsers), both use HTTP and client-side control, and the combination yields predictable results (client-selected, request-driven streaming with no server-side state). This is the classic "combination of familiar elements according to known methods" that KSR holds obvious.

VI. Combination 3 — Carmel + Feig + Willebeek (dependent claims 2–4, 6–8, 10–12)

• Claims 2/6/10 (sequential identifiers): Carmel's "running slice index 1, 2, 3 … N" (7:27–30) and Feig's ordered URLS(1)…URLS(n) list both disclose sequential serial identifiers.
• Claims 3/7/11 (reliable transmission protocol): Carmel downloads "using the Hypertext Transfer Protocol (HTTP)" (7:4–9). Willebeek confirms the POSITA's understanding that "HTTP uses TCP/IP as the underlying transport protocol … which provides reliable end-to-end network connections" (Ex. 1006 at 3–4), making HTTP-over-TCP a reliable transmission protocol as a matter of routine knowledge.
• Claims 4/8/12 (TCP): The same Willebeek disclosure, plus Carmel's IP/HTTP teachings (6:28–31), render TCP obvious.

These dependent limitations are textbook knowledge-level additions; the Board so found, and WAG did not contest Feig's disclosure of 1.f, 1.g, 1.h, 1.i, or 1.k on appeal (CAFC Br. §I.B.2).

VII. Additional/cumulative combinations (patent-specification references)

Even setting aside Carmel/Feig/Willebeek, the '824 claims would be vulnerable to obviousness over the art the patent itself concedes, combined with routine HTTP/TCP practice:

• Tilt (6,029,194) + Cannon (6,014,706) + Aharoni (6,014,694): Tilt's server-side FIFO buffering with buffer-fullness-based clock adjustment, Cannon's client-rendering of streamed video frames, and Aharoni's adaptive bandwidth transport collectively teach server-side buffering, sequential frame streaming, and rate adaptation — the '824 specification's own "faster than playback / rebuild user buffer" behavior. Adding a POSITA's routine client-pull request mechanism (per Feig, or per ordinary HTTP GET practice) would leave nothing patentable.
• Emura (5,922,048) / Veschi (5,923,655): video-server stream control with client-specified playback and packetized audio/video delivery under variable transmission delays further corroborate that segmented, request-controlled media delivery was conventional by 2000.

These are cumulative to the primary Carmel/Feig/Willebeek grounds; I list them for completeness because the '824 specification itself identifies them as the closest prior art.

VIII. Secondary considerations

WAG's IPR record advanced no compelling objective indicia of non-obviousness. The Board found no nexus between the claimed features and any commercial success, long-felt need, copying, or unexpected results. On the contrary, the claimed client-pull, HTTP-based, server-stateless streaming method was being practiced across the industry (RealNetworks, Windows Media, and Feig's own IBM system) before the September 2000 priority date — the very problem the '824 patent claims to solve (playback-rate-only server transmission) was the convention the prior art was already moving away from. The CAFC's Rule 36 affirmance confirms there was no reversible error in rejecting WAG's secondary-consideration arguments.

IX. Conclusion

Under 35 U.S.C. § 103, claims 1–12 of US 9,742,824 would be obvious to a POSITA as of September 2000:

• Carmel alone discloses every element of independent claims 1, 5, and 9 under the Board's (and the CAFC's) reading — indexed slices stored FIFO on a standard web server, client-selected starting points, HTTP download of successive slice files, and no server-side per-user state — with any gap being a routine implementation of the HTTP request/response model Carmel already contemplates.
• Carmel + Feig supplies any express disclosure arguably missing (client-requested, URL-addressed sequential segments; dual-buffer flow control), with multiple, well-documented motivations to combine: client control supporting Carmel's slider-based goal, statelessness avoiding race conditions, buffer-overrun avoidance, and server generality — the KSR "known technique used to improve a similar device in the same way" paradigm.
• Carmel + Feig + Willebeek covers the dependent limitations (sequential identifiers, reliable transmission, TCP), with Willebeek confirming that HTTP-over-TCP was understood as a reliable transport.

This is not a hindsight reconstruction; it is the analysis the PTAB actually adopted in three independent Final Written Decisions (IPR2022-01228, IPR2022-01412, IPR2022-01430) — finding all 12 claims unpatentable as obvious — which the Federal Circuit summarily affirmed on March 9, 2026 (Nos. 24-1627, 24-1628, 24-1631, 24-1632, 24-1633).

Verification caveats: (1) I could not confirm Feig's exact U.S. patent number within my search budget; I rely on the IPR record's exhibit (Ex. 1031/3031) and the quoted column/line content. (2) Claim text is per the CAFC brief reproduction of claim 1; the dependency structure (1/5/9 independent) is per the Jeffay declaration. (3) All Carmel column/line citations are from the publicly accessible Carmel patent text (U.S. 6,389,473 B1) retrieved via PTAB/DocketAlarm exhibits.