Invalidity dossier

US 6389467

Streaming media search and continuous playback system of media resources located by multiple network addresses

Current assignee: Friskit, Inc.

Added 9/26/2026, 6:05:08 AM

At a glanceNo PTAB challenges1 lawsuit on fileasserted by Friskit, Inc.Software Technology & Computing Systems (T)

Active provider: DeepSeek · deepseek-flash

Patent summary

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

✓ Generated

I'll verify the bibliographic data and try to pull the actual claim set (the patent text I was given contains the description but not the numbered claims).

I have claim 1 verbatim. Let me try to pull the full independent-claim set to confirm which claims are independent.

Let me try to retrieve the numbered claim set from a full-text source.

US 6,389,467 B1 — Concise Summary

Note on method: I was asked to search the USPTO database and CAFC 2026 dockets for this exact number. My searches returned the patent's own text and the family/prosecution documents, but my tool budget was exhausted before I could complete a fresh 2026 CAFC docket sweep or retrieve the full numbered claim set (see the uncertainty notes at the end). I did not return results for near-numbers (e.g., US 6,389,473, US 6,381,467, US 6,389,472) — those are different patents and are excluded.


1. Bibliographic data

Field Value
Patent number US 6,389,467 B1
Title "Streaming media search and continuous playback system of media resources located by multiple network addresses"
Inventor (as printed) Aviv Eyal, San Francisco, Calif.
Original assignee Friskit, Inc., San Francisco, Calif.
Current assignee Bluebonnet Internet Media Services LLC (per Google Patents "Current Assignee"; assignment recorded 2017‑02‑09/10 — see the Assignment History section of this analysis)
Application no. 09/563,250
Filing date May 2, 2000
Priority Provisional 60/177,786, filed January 24, 2000
Issue date May 14, 2002
Int. Cl. (as printed) G06F 15/173; U.S. Cl. 709/223
Claims 68 (per the official gazette text)
Status Expired – Lifetime (anticipated expiration May 2, 2020)
Family (continuations) US 6,484,199 B2; US 6,519,648; US 6,725,275; US 6,735,628; and later continuations (e.g., US 8,782,194; US 9,405,753; US 9,547,650; US 9,779,095; US 10,318,647)

Inventorship flag (carried over, not a contradiction): the printed patent names only Aviv Eyal, but the recorded 2000‑09‑01 assignment names George Aposporos and Aviv Eyal as assignors, and the family's provisional is described as naming "A. Eyal and G. Asporopos." Interpret the number literally as issued — Eyal alone — while treating the joint-inventorship question as an open record issue (see the Assignment History section).


2. Abstract / stated field

I did not retrieve the verbatim 150‑word USPTO abstract in this session, so I will not quote one. The patent's own opening (authoritative text supplied) states its subject matter as:

"This invention relates to the field of streaming media content search and playback over a network. In particular, the invention relates to a computer system that enables a continuous streaming media playback from a distribution of sites available over a network such as the Internet."

In substance, the disclosure covers: a searchable database of network addresses (URLs) to media resources, each address tagged with classes of information (genre, category, data type/MIME, identity, play‑list membership, ratings); a network server module that matches a user's search criteria to those classes and signals the matching addresses to a user terminal; and a media playback component on the terminal that is programmatically controlled by the server-side module to automatically and sequentially play back the media from multiple, different network sites. Back-end features include programmatic link crawling/verification via a reconfigured web browser component, automated metadata extraction via a media player's API, play‑list generation, and a user rating system.


3. Claim structure — important caveat

Verified verbatim: claim 1 only. The claim text I could retrieve from an authoritative full-text source is:

1. A method for playing back media from a network, the method comprising: receiving a search request from a network enabled device to play back media from multiple sites on the network, the search request specifying one or more search criteria; accessing a memory that includes a plurality of network addresses, the memory associating substantially each address with one or more classes of information, each address accessing a media resource; selecting a plurality of addresses in the memory by comparing the one or more search criteria to one or more classes of information associated with the plurality of network addresses; signaling the selected plurality of addresses to the network enabled device; and causing the network enabled device to access sites located by at least some of the selected addresses and to play back the media resources provided at the accessed sites, including to sequentially play back the media resources provided by at least some of the selected addresses substantially automatically.

Verified from the litigation record: the asserted '467 claims were claim 35 and claim 52 (see the Litigation and Obviousness sections). Claim 35 was characterized as requiring a media player controllable by a separate module. I do not have verbatim text for claims 35 or 52, and I did not retrieve the complete 68‑claim set, so the exact independent/dependent numbering below (other than claim 1) is reconstructed from the patent's own "Summary of the Invention" / embodiment paragraphs, not read off the claim sheet. Treat the group labels as directional, not as claim numbers.


4. Plain-language overview of the independent claims (grouped by disclosed embodiment)

Group Claim type Plain-language scope
A. Search‑and‑play method (claim 1; and the "at least one address" variant) Method Receive a search request specifying criteria from a network‑enabled device → look up a memory/database of network addresses, each address tagged with classes of information and each accessing a media resource → select address(es) by comparing criteria to the classes → signal the address(es) to the device → cause the device to access the site(s) and automatically play back the media. The variant requiring at least two addresses and playback of each is the "continuous playback" method.
B. Multi‑address / continuous‑playback method Method Same search/selection core, but tied to identifying at least two addresses (from different sites) and causing the device to access and automatically play back the media at each — i.e., the persistence/continuity limitation.
C. Server‑side playback‑control method Method Receive a request for media playback; access the address database; select addresses; signal them; and programmatically control the playback component on the device to automatically access and play the resources — includes the "programmatic control of a media player" limitation family (this is the family that the asserted claim 35 belongs to).
D. Computer‑system claims System A network‑enabled device with a media playback component + a database of network addresses with associated classes of information + a network server module coupled to both, which receives the search request, selects matching addresses, signals them, and causes the playback component to load/play them.
E. Network‑enabled‑device (client) claims Apparatus A terminal with a user interface (search prompt + playback control features), a network interface that forwards the request to a server module and receives matching addresses, and a playback component that is programmatically controllable by the server module to auto‑load/auto‑play the media at the signaled addresses.
F. Multi‑site ("first site / second site") system claims System A network/web server module with access to media resources on a first and a second, external web site; it signals a link to each and provides control signals to the terminal to load both into the playback component — the "media from a first site and a second site" architecture.
G. Play‑list / designated‑order claims System A terminal + web server module + database storing a plurality of links across a plurality of sites, signaled to the terminal in a designated order, with user input able to alter the order — i.e., the play‑list ordering system.
H. Play‑list‑module system claim System A play‑list module that stores a play‑list (first address on a first site, second address on a second site) supplied by the terminal; the network server module signals the play‑list and controls the terminal to access and auto‑load each address's resource.
I. Sequential site‑access method Method Programmatically direct the terminal to a first network site → cause auto‑load/playback of its media → programmatically direct it to a second site → auto‑load/playback that media.
J. Cross‑site link‑selection method Method Access a database of links; select a first link on a first site and a second link on a second, external site; signal the links to the terminal's playback component to sequentially access the resources and automatically load each to play the corresponding media.
K. Play‑list sharing system System A play‑list component addressable by a selectable link; a server module that signals the play‑list's links to a first terminal and can transmit the selectable link to a second terminal so the second user can locate and play the same play‑list — the playlist‑sharing feature.
L. Web‑resource location methods (crawling / extraction / verification / metadata) Method (i) Programmatically access a web site using a web‑browser component to identify links selectable to open resources of a specified data type, and make the links available to Internet devices; (ii) identify and extract internal links of a given data type from a site and store them as external links in a database; (iii) an iterative a)–g) algorithm that walks sites, harvests qualifying internal links into the indexed data structure, and moves processed links to a second structure until the first is empty; (iv) programmatically identify metadata about the media behind each link; (v) programmatically verify each link actually opens a media resource.
M. Web‑resource location system claims System A web browser component + database + a search module that controls the browser to visit sites, identify media links, and store them; and a variant with a first indexed data structure of links, a media playback component used to load each link to verify it opens a media resource, and a second indexed data structure holding only the verified links, made available to user devices.
N. Metacrawler media‑search system System A metacrawler that locates media‑containing directories + a media search module that identifies media links + a metadata extraction module + a database of the links and extracted metadata, enabling user devices to access them.
O. Rating / ranking systems System A database of addresses (each with classes of information and/or a rating) + a network server module that serves addresses to terminals + a rating module that receives a rating input from terminals and associates/reconfigures the rating on the corresponding address; one variant ties the rating back into play‑list selection.
P. Rating / ranking methods Method Signal a selected address (or a combination of addresses forming a play‑list) to a terminal, receive a rating input, and adjust the stored rating for the signaled address(es).
Q. Dual‑component client device Apparatus A device with a media playback component that receives a first plurality of links (to media files) from a network‑side module, and a web browser component that receives a second plurality of links whose hosting sites it displays while the playback component plays the media file hosted there — i.e., playing audio from a site while displaying that site's page.

Family note (not a contradiction of the '467): the sibling patents recite near-identical subject matter in different claim formats — e.g., US 6,484,199 claim 1 (method, "in response to termination of playback … automatically initiating playback of another media resource"), US 6,735,628 claim 1 (method with programmatically displayed interfaces and a media‑resource‑identifier set), and US 6,735,628 claims 31–43 (programmatic control through the media player's API, direct control from a remote server module, and a computer‑system claim). These are different patents; don't attribute their claim numbers to the '467.


5. Uncertainty and verification flags

  1. Independent claim numbering is not verified beyond claim 1. The 68‑claim set was not retrieved; the group table above is derived from the specification's embodiment paragraphs and the litigation record. To confirm which claims are independent, pull the full claim column from USPTO Patent Center for application 09/563,250 or the printed patent (cols. 21–28, the range the JP/EP search reports cite).
  2. Claims 35 and 52 are the only claims I can say were actually asserted (in Friskit v. RealNetworks), and claim 35's "media player controllable by a separate module" limitation is confirmed from the N.D. Cal. order. Claim 52's text is unretrieved — any mapping to it is directional.
  3. Abstract — verbatim text not retrieved; the quoted passage above is from the specification's field‑of‑invention paragraph, not the front‑page abstract.
  4. CAFC 2026 check not completed. I hit my search cap before running a fresh 2026 docket sweep on this number. Consistently with the prior sections, the known Federal Circuit appeals are 07‑1583 (Friskit v. RealNetworks — '467 claims 35/52 held obvious; affirmed) and 22‑2215 (Bluebonnet v. Pandora — § 101; where the '467 itself was not an asserted patent). I found no 2026 CAFC activity on the '467, but treat that as unchecked-and-clean rather than verified-clean, and confirm at CourtListener/PACER.
  5. No PTAB proceeding on this patent (per the PTAB section of this analysis and the USPTO Open Data Portal result); the '467 appears in PTAB materials only as prior art against others' patents.
  6. Expiry. Anticipated expiration May 2, 2020; status Expired – Lifetime. Any residual controversy is retrospective (past damages) only.

Primary sources for this summary

Research summary based on public sources; not legal advice. Claim numbers, abstract text, and docket status should be confirmed against the official USPTO record and the courts of record before being relied upon.

Generated 9/29/2026, 8:24:09 PM

Cases on file (1)

Group view →

Specific litigation cases in our database that name US patent 6389467. The free-form analysis below may also discuss cases beyond this list.

Litigation summary

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

✓ Generated

I'll search patent litigation sources for US 6,389,467 specifically.

Now let me dig into the specific cases and check for others.

Important finding — let me verify which patents were actually at issue and look for other cases.

Litigation Involving U.S. Patent No. 6,389,467 ('467)

Sources searched: CourtListener (dockets + opinions), Justia/Justia Dockets, RPX Insight litigation documents, CAFC opinions-orders library, Federal Circuit Blog, and contemporaneous trade press (InfoWorld), plus the case documents surfaced through those. I was not able to successfully retrieve the Unified Patents caselist page (portal.unifiedpatents.com/litigation/caselist) — the search tool capped out before I could load it, so treat that source as unchecked rather than checked-and-clean.

Below I separate (A) cases where the '467 was actually asserted, (B) cases that only touch the '467 indirectly, and (C) same-numbered-but-different patents to exclude.


A. Cases in which US 6,389,467 was actually asserted

1. Friskit, Inc. v. RealNetworks, Inc. and Listen.com

Field Value
Plaintiff Friskit, Inc. (owner; George Aposporos / Aviv Eyal)
Defendants RealNetworks, Inc. and Listen.com (Listen.com acquired by RealNetworks in Aug. 2003)
Jurisdiction U.S. District Court, Northern District of California, San Francisco Div. — Judge William W. Schwarzer
Case number C 03-05085 WWS (a.k.a. 3:03-cv-05085-WWS)
Filing date June 27, 2003
Patents asserted US 6,389,467, 6,484,199, 6,519,648, 6,725,275, 6,735,628 (five Friskit patents; three at filing, two added later)
'467 claims at issue claims 35 and 52 (of the eight claims Friskit limited the case to)
Accused products RealNetworks' RealOne Player Plus + subscription; Listen.com's Rhapsody
Outcome Defendants won. On July 26, 2007, Judge Schwarzer granted defendants' motion for summary judgment that the asserted claims were invalid for obviousness under 35 U.S.C. § 103 (applying KSR). Judgment entered for RealNetworks/Listen.com; action dismissed. Friskit had sought >$70 million. Reported at 2007 WL 2156239. The court's patent table lists "6,389,467, 6,484,199, 6,519,648, 6,725,275, 6,735,628 — Invalid."

Appeal — Fed. Cir. No. 2007-1583: Nonprecedential opinion decided January 12, 2009 (Bryson, Linn, Prost, JJ.). AFFIRMED. The panel agreed with Friskit that there was a genuine dispute whether the "direct control" limitation was in the Winamp prior art, but held the claims obvious anyway in view of the IUMA Radio system and the state of the art (Java/JavaScript/ActiveX, exposed media-player APIs). Friskit's secondary-considerations arguments failed for lack of nexus. Status: final and closed — claims 35 and 52 of the '467 stand adjudicated invalid.

Sources: https://www.courtlistener.com/opinion/[1871910](/patent/1871910)/friskit-inc-v-realnetworks-inc/ ; https://www.courtlistener.com/docket/[4165499](/patent/4165499)/friskit-inc-v-realnetworks-inc/ ; http://cafc.uscourts.gov/sites/default/files/opinions-orders/07-1583.pdf ; https://cn.realnetworks.com/press/releases/2007/realnetworks-wins-complete-victory-patent-suit

Flagged discrepancy: the Google Patents family page labels the 3:03-cv-05085 case as "California Eastern District Court," and one prior section of this analysis called it "C.D. Cal. 3:03-cv-05085." The authoritative court order and docket show N.D. Cal., Judge Schwarzer, San Francisco. Also, contemporaneous InfoWorld reporting described the 2003 suit as filed in a Chicago, Illinois court (Friday filing — June 27, 2003 was a Friday), and the later W.D. Tex. order in the Pandora case referred to "the Illinois court['s]" transfer of "a completely unrelated case" to N.D. Cal. I could not verify an N.D. Ill. docket number for the Friskit suit before search capacity ran out. Treat "filed in Chicago, later in N.D. Cal." as unconfirmed; the operative merits record is unambiguously N.D. Cal. C 03-05085 WWS.

2. Friskit v. Microsoft Corporation (referenced, not documented)

Bluebonnet's later Pandora complaint states that "Bluebonnet's predecessor-of-interest, Friskit, Inc. … was involved in a dispute with Microsoft Corporation … resolved by execution of a confidential settlement agreement in 2011." I found no case number, jurisdiction, or filing date for it, and no indication the '467 was one of the asserted patents. Listed here only so you know the Friskit portfolio was asserted at least once more. Unverified.


B. Cases that touch the '467 family but did not assert the '467

3. Bluebonnet Internet Media Services, LLC v. Pandora Media, LLC

Field Value
Plaintiff Bluebonnet Internet Media Services, LLC (successor to Friskit)
Defendant Pandora Media, LLC (SiriusXM)
Jurisdiction / case numbers W.D. Tex. (Waco Div.), 6:20-cv-00731-ADA (Judge Alan D. Albright) → transferred to N.D. Cal., 3:21-cv-08294-VC (Judge Vince Chhabria) after the Federal Circuit granted Pandora's mandamus petition (transfer ordered Oct. 21, 2021; N.D. Cal. docket reflects filing 10/25/2021)
Filing date W.D. Tex. 2020 (docket activity from Oct. 2020; trade press reports "August of 2020")
Patents actually asserted US 9,405,753 ('753), 9,547,650 ('650), 9,779,095 ('095) — representative claims '753 cl. 1, '650 cl. 2, '095 cl. 72
Outcome Defendant won. Sept. 7, 2022: Judge Chhabria granted judgment on the pleadings — all asserted claims invalid under 35 U.S.C. § 101 (Alice). Judgment entered Sept. 7, 2022; Nov. 22, 2022: Pandora's motion for attorneys' fees/sanctions denied (§ 285); case closed.
Appeal Fed. Cir. 2022-2215 — nonprecedential opinion decided March 29, 2024 (Prost, Stoll, Stark, JJ.), AFFIRMED; transfer issue held moot.

⚠️ Critical correction to the prior sections of this analysis. The previously generated material states that the Pandora case asserted "eight Friskit-origin patents including US6389467" and that "the '467 claims were held § 101-invalid." That is contradicted by the court records. Both the N.D. Cal. JOP (Dkt. 149) and the Federal Circuit opinion identify only three patents ('753, '650, '095). A secondary aggregator (PatSnap) does list 6389467 among the "patents at issue" in Fed. Cir. 2022-2215, and Google Patents family-tags 3:21-cv-08294 to the '467 — but those appear to be family-level/aggregation artifacts, not the pleaded claims. Do not tell a counterparty or a court that US 6,389,467 was invalidated in Bluebonnet v. Pandora.

Sources: https://docs.justia.com/cases/federal/district-courts/california/candce/3:2021cv08294/[386959/149](https://assignmentcenter.uspto.gov/search/patent/reelFrameDetail?reelFrame=386959-0149) ; https://www.courtlistener.com/opinion/[9489527](/patent/9489527)/bluebonnet-internet-media-services-llc-v-pandora-media-llc/ ; https://cafc.uscourts.gov/03-06-2024-2022-2215-bluebonnet-internet-media-services-llc-v-pandora-media-llc-audio-uploaded/ ; https://www.cadwalader.com/uploads/media/WDTX-6-20-cv-00731-72.pdf

4. The '467 as prior art (not a case against the patent)

The '467 appears in other parties' PTAB filings as an exhibit/prior-art reference, e.g. in Hulu, LLC v. SITO Mobile R&D IP, LLC (IPR2021-00158, Ex. 2007). That is a defensive citation of the patent, not litigation against it. Consistent with the prior section, there is no IPR/PGR/CBM in which US 6,389,467 is the challenged patent.


C. Same-numbered patents to EXCLUDE (not US 6,389,467)

Do not confuse these — they are frequently surfaced by a literal "467" search:

  • Roche Diabetes Care, Inc. v. Trividia Health, Inc. (D. Del. 1:24-cv-668-GBW; PTAB IPR2025-00553) — glucose test-strip "467 patent." Not this patent.
  • SiOnyx, LLC v. Hamamatsu Photonics K.K. (D. Mass. 1:15-cv-13488-FDS) — image-sensor "467 patent." Not this patent.
  • Salazar v. AT&T Mobility / Salazar v. HTC (E.D. Tex. 2:20-cv-00004; 2016 Salazar–HTC trial) — a different '467 patent owned by Salazar (remote-control/set-top-box art), asserted against HTC handsets. Not this patent.

Bottom line

Two (possibly three) matters genuinely involve US 6,389,467:

  1. Friskit, Inc. v. RealNetworks, Inc. & Listen.com — N.D. Cal. C 03-05085 WWS, filed June 27, 2003; '467 claims 35 and 52 among the eight asserted claims; SJ of invalidity (§ 103, KSR) granted July 26, 2007; affirmed, Fed. Cir. 2007-1583, Jan. 12, 2009. Closed.
  2. Friskit v. Microsoft — 2011 confidential settlement per the Bluebonnet complaint; no docket details found; '467 assertion unconfirmed.
  3. (Indirectly) Bluebonnet v. Pandora — the family successor case (W.D. Tex. 6:20-cv-00731-ADA → N.D. Cal. 3:21-cv-08294-VC; Fed. Cir. 2022-2215) — but the '467 itself was not asserted there.

Because the '467 expired May 2, 2020, and the only claims ever adjudicated (35 and 52) were held invalid for obviousness in 2007/2009, there is no live enforcement posture for this patent as of April 26, 2026.

Residual uncertainty: (a) I could not open the Unified Patents caselist or PACER directly; (b) the Illinois/Chicago filing question for the 2003 Friskit suit is unresolved; (c) if additional Bluebonnet complaints exist against other streaming defendants, I did not reach them — one complaint excerpt I saw (W.D. Tex. docket style) referenced '650/'095/'647 and named the '467 as the parent rather than as an asserted patent, which is consistent with the "not asserted" conclusion above but not conclusive of the full docket.

Generated 9/28/2026, 2:11:31 PM

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: Friskit, Inc.

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

I'll search for any AIA trial proceedings (IPR/PGR/CBM) targeting US 6,389,467, and cross-check the two ptacts.uspto.gov petitions that referenced "Eyal" in the prior section.

Let me search more specifically for any PTAB trial involving this patent or its owner.

Let me confirm the nature of the two ptacts.uspto.gov petitions the prior section flagged (IDs 1549702/1549704), and run a final check for any proceeding where '467 is the challenged patent.

PTAB / AIA Trial Proceedings on U.S. Patent No. 6,389,467

Bottom line up front: There are no AIA trial proceedings on file against U.S. 6,389,467. The canonical structured source ("PTAB proceedings on file" from the USPTO Open Data Portal) returns zero IPR/PGR/CBM proceedings naming this patent as the challenged patent, and my independent web searches surfaced none either. I am not reporting any proceeding numbers for '467 because there are none to report — and I will not invent them.


Proceedings overview

Total AIA trials against US 6,389,467: 0 (0 active, 0 claims invalidated by PTAB, 0 claims sustained by PTAB, 0 settled, 0 institution-denied). The defensive posture is therefore not "the patent has been hardened by IPR" and not "claims have been canceled by the Board" — it is "the Board never touched this patent." The '467 claims were instead invalidated (obviousness, §103) in district court in Friskit v. RealNetworks and the broader Friskit/Bluebonnet family was invalidated (patent eligibility, §101) in Bluebonnet v. Pandora — but those are Article III outcomes, not AIA trials. A defendant today gets no free claim cancellations from a prior IPR, but also gets no § 315(e)(2) estoppel and can still choose whether to petition.


The only appearances of "6,389,467" in PTAB materials are as PRIOR ART, not as a challenged patent

This distinction matters and is the single most important thing to get right. In the PTAB document record I could retrieve, '467 shows up solely as an asserted prior-art reference (a "system" reference attributed to "Eyal"/Friskit), cited against other people's patents:

Where '467 appears Role of '467 Proceeding against
Hulu LLC v. SITO Mobile R&D IP LLC, IPR2021-00158 (Exhibit 2007, filed 2021-03-12) Listed as prior art: "U.S. Patent No. 6,389,467 and systems by the original assignee Friskit, Inc. … ('Eyal')." SITO Mobile's patent — not '467
ptacts.uspto.gov petition documents 1549702 / 1549704 (flagged in the earlier section of this analysis) '467 cited as Exhibit 1005 (prior art) A patent whose claims run to 115–117 — i.e., not '467 (which has 68 claims)
Examiner EAST search-history records (e.g., app. 10/021,875) Search-string citation Prosecution of an unrelated application

In short: '467 is a well-known piece of prior art against other streaming-media patents — it is not, as far as the public record I can retrieve shows, a patent that anyone has ever challenged at the Board.

Caveat I cannot close: I was unable to map the two ptacts.uspto.gov petition IDs (1549702 / 1549704) to their parent proceeding numbers before running out of search steps. I can confirm only that in those documents '467 appears as a prior-art exhibit, and that the patent actually under challenge there has 115+ claims — so it cannot be '467.


Proceedings list

None to report

There is no IPR, PGR, or CBM with U.S. 6,389,467 as the challenged patent. Accordingly there is:

  • No petition, no institution decision, no Final Written Decision, no judge panel to name.
  • No claim-level outcome to quote (no canceled claims, no sustained claims from the Board).
  • No settlement/termination to describe.
  • No PTAB-to-Federal Circuit appeal to docket. (The two Federal Circuit appeals that exist — 07-1583 and 22-2215 — came from district court, not from the Board. See below.)

Strategic summary

Claim status. Because no AIA trial ever reached the merits, no claim of '467 has been canceled or confirmed by the PTAB. All 68 claims are UNTESTED at the Board. The patent is nonetheless expired (anticipated expiration 2020-05-02; status "Expired – Lifetime"), so any live controversy is about past damages only. Separately, the validity of the '467/Friskit subject matter has been litigated twice in Article III courts: (i) the claims asserted in Friskit, Inc. v. RealNetworks, Inc. (N.D. Cal. 3:03-cv-05085) — including '467 claims 35 and 52 — were held invalid for obviousness on summary judgment (2007-07-26), affirmed at Fed. Cir. 2007-1583; and (ii) the asserted Friskit/Bluebonnet portfolio in Bluebonnet Internet Media Services, LLC v. Pandora Media, LLC (N.D. Cal. 3:21-cv-08294) was held invalid under 35 U.S.C. § 101 (judgment on the pleadings, 2022-09-07), affirmed at Fed. Cir. 22-2215. Whether '467 itself was among the specific claims adjudicated §101-invalid in the Pandora matter is not something I can confirm — press reporting and the exhibit lists are in tension, so treat that attribution as unverified.

Estoppel landscape. With zero IPRs, § 315(e)(2) estoppel does not attach to anyone with respect to '467. No petitioner is barred from raising prior-art grounds, and — conversely — no party benefits from a prior petitioner's work product or from a Board construction. If you are sued on '467 today, your prior-art defenses are wide open, provided you can still get into an AIA trial at all: note the § 315(b) one-year bar runs from service of a complaint alleging infringement, and the patent's 2020 expiration makes an IPR of limited practical use (the Board will review an expired patent, but the patent owner cannot amend, and the remedy is retrospective).

Pattern signals. No defensive aggregator (e.g., Unified Patents) appears anywhere in the '467 PTAB record — consistent with there being no '467 PTAB record. The recurring litigant is not a third-party challenger but the owner-side chain: Friskit → Bluebonnet (NPE). The public "PTAB" noise involving '467 is other litigants using it as prior art, not attacking it. The absence of IPRs is itself unusual for a patent asserted this many times over ~20 years, and the explanation is the one-two punch above: the patent was invalidated in district court before, or instead of, anyone needing to file an IPR, and it then expired in 2020.


Recommended next steps

  1. Do not cite a non-existent IPR. If opposing counsel or a demand letter implies '467 "survived IPRs," that is inaccurate — there were none. If a demand letter relies on '467, the more powerful rebuttals are the district-court invalidities: Friskit v. RealNetworks (obviousness, §103) and Bluebonnet v. Pandora (eligibility, §101), both affirmed on appeal.
  2. Verify the negative directly, don't rely on my summary. Confirm no AIA trial exists via USPTO PTAB E2E (https://e2e.uspto.gov) and USPTO Patent Center (application 09/563,250), and cross-check Docket Alarm/PTAB and CourtListener. If a very recent petition exists that the ODP ingest and my searches missed, it will appear there first.
  3. If you are a defendant evaluating an IPR: the mechanics still work against an expired patent, but check the § 315(b) clock (one year from service of the complaint) and weigh that the cheap, already-proven path to invalidity is the § 101 / § 103 district-court record, not a fresh Board trial.
  4. If you are acting for the patent owner (Bluebonnet): assess whether the asserted claims you intend to enforce overlap the claims already held invalid (or the family subject matter held ineligible) — that is the real exposure, not IPR estoppel.

Sources / grounding

Research summary based on public sources; not legal advice. No proceeding numbers were fabricated; where the record was silent, I have said so.


One flag on the input prompt: the "PTAB proceedings on file" block states the ODP API returns no AIA trials, and that block should control. My findings are consistent with it. But note the earlier-generated section of this analysis asserted that "PTAB petitions at ptacts.uspto.gov (1549702, 1549704) reference 'Eyal.'" Those are petition/document IDs, not proceeding numbers, and they concern a different, 115+-claim patent in which '467 is merely prior art. That is not a contradiction of the ODP result, but it is easily misread as "there are IPRs on '467," which would be wrong.

Generated 9/28/2026, 2:11:16 PM

Ownership chain (5)

Asserters network →

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

  1. ? · recorded 2000-09-01 · Assignment of Assignors' Interest

    George Aposporos and Aviv EyalFriskit, Inc.

    formation/startup assignment

  2. ? · recorded 2001-10-29 · Security Agreement

    Friskit, Inc.George Aposporos

    securitization

  3. ? · recorded 2003-12-24 · Security Agreement

    Friskit, Inc.George Aposporos

    securitization

  4. ? · recorded 2017-02-09 · reel 041217/0628 · Assignment of Assignors' Interest

    Friskit, Inc.Bluebonnet Internet Media Services, LLC

    transfer-to-asserter

  5. ? · recorded 2017-02-10 · reel 041675/0788 · Corrective Assignment

    Friskit, Inc.Bluebonnet Internet Media Services, LLC

    clean-up

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 assignment record for US 6,389,467, focusing on reel/frame numbers, correspondents, and the ownership chain.

I found key reel/frame references in the Bluebonnet complaint. Let me dig into the specific reel/frame records and correspondents.

I hit my tool-call limit mid-research, so I'm reporting what I could actually verify and flagging the gaps explicitly rather than filling them in. The most important primary hit is a reel/frame citation taken from Bluebonnet's own complaint, which is the strongest available anchor for the chain.


Inventors

Inventor Residence on the face of the patent Employer at time of filing Notes
Aviv Eyal San Francisco, Calif. (US) Friskit, Inc. (co-founder); immediately before, Microsoft (reported May 1998 – Dec. 31, 1999) The only inventor printed on the '467 front page. In the 2020–22 litigation he is described as residing in Israel and testifying as a non-party witness.

⚠️ Record discrepancy — do not auto-correct. The issued patent lists only Aviv Eyal. However:

  • The recorded Assignment of Assignors' Interest (2000‑09‑01, Google Patents legal events) names assignors APOSPOROS, GEORGE and EYAL, AVIV — i.e., two assignors.
  • The provisional (60/177,786) is described elsewhere in the family (US 6,519,648) as naming "A. Eyal and G. Asporopos" as inventors.
  • Bluebonnet's WDTX complaint states the patents "was invented by George Aposporos and Aviv Eyal."
  • George Aposporos — former Amazon.com VP of business development, Friskit co-founder/chairman & CEO, resident of Maryland, and later Bluebonnet's corporate representative — does not appear as a named inventor on the '467 patent itself, yet assigned rights to Friskit in 2000 and took two security interests in the patent (below).

So the assignment record treats the invention as joint; the printed patent does not. That divergence is itself notable and is a fair target for a chain-of-title / inventorship question.

Pattern notes (inventor side): Eyal's Microsoft tenure ends Dec. 31, 1999, one month before the Jan. 24, 2000 provisional — which is exactly why RealNetworks moved to dismiss on the theory that Microsoft owned the invention. The court denied that motion (holding Eyal's Microsoft agreement was an agreement to assign, not an assignment, and Microsoft never claimed ownership). A confidential 2011 Microsoft–Friskit settlement is referenced in Bluebonnet's later complaint. This is an ownership-cloud pattern, not a fire-sale pattern: the founders did not depart en masse — the co-founder stayed and financed the company.


Original assignee

Friskit, Inc., San Francisco, Calif.

  • Product shipped? Yes, early. Friskit launched its streaming-music service ("Friskit.com") by no later than June 2000, reaching ~100,000 beta users; a thin-client playback interface auto-deployed on the user's device with server-side playlist generation. So the assignee did once operate a product that maps onto the claims.
  • Primary line of business: streaming-media search/personalization/playback, positioned as a consumer service; later repositioned as a technology-licensing company (its own 2003 press statement: it "changed its business strategy from a consumer service to a technology licensing model").
  • Current status: Defunct / ceased operating. Press and pleadings describe Friskit as "now‑defunct" and state Bluebonnet assumed the IP "after the startup ceased operating."

Marking admission (material): Bluebonnet's complaint pleads that neither Bluebonnet nor Friskit ever made, offered for sale, or sold any "patented article" after issuance of the '467 on May 14, 2002. That is a party admission that the producing business ended before the '467 issued — i.e., any operating-company status attaches to the pre-issuance era only.


Assignment timeline

All entries below are drawn from Google Patents' legal-events block for US 6,389,467 and from Bluebonnet's WDTX complaint ¶18, which cites recorded USPTO documents by reel/frame. Execution dates were not separately retrieved; the dates shown are the recorded/event dates.

  • 2000‑09‑01 (recorded) — Reel/frame not retrieved

    • Conveyance: Assignment of Assignors' Interest
    • Assignor: George Aposporos and Aviv Eyal (individuals)
    • Assignee: Friskit, Inc. (San Francisco)
    • Correspondent: not retrieved
    • Context: formation/startup assignment — inventors assign to their newly formed company.
  • 2001‑10‑29 (recorded) — Reel/frame not retrieved

    • Conveyance: Security Agreement
    • Assignor: Friskit, Inc.
    • Assignee: George Aposporos (individual)
    • Correspondent: not retrieved
    • Context: securitization — Friskit pledges the patent to its own co-founder/chairman as collateral.
  • 2003‑12‑24 (recorded) — Reel/frame not retrieved

    • Conveyance: Security Agreement
    • Assignor: Friskit, Inc.
    • Assignee: George Aposporos (individual)
    • Correspondent: not retrieved
    • Context: second securitization — a second pledge to the same insider, recorded the same year Friskit sued RealNetworks.
  • 2017‑02‑09 (recorded) — Reel 041217 / Frame 0628

    • Conveyance: Assignment of Assignors' Interest
    • Assignor: Friskit, Inc.
    • Assignee: Bluebonnet Internet Media Services, LLC
    • Correspondent: not retrieved. (This reel/frame is the one the later corrective filing expressly identifies as the prior, erroneous recording — see next entry. If the same correspondent appears on both 2017 reels, that is the repeat-correspondent tell; I could not confirm it.)
    • Context: transfer-to-asserter / portfolio sale to a licensing-only LLC.
  • 2017‑02‑10 (recorded) — Reel 041675 / Frame 0788 (inferred — see caveat)

    • Conveyance: Corrective Assignment ("to correct the incorrect patent no. 6271741 previously recorded at Reel 041217, Frame 0628")
    • Assignor: Friskit, Inc.
    • Assignee: Bluebonnet Internet Media Services, LLC
    • Correspondent: not retrieved
    • Context: clean-up of the 2017‑02‑09 record; recorded one day later.

Caveat on the 041675/0788 ↔ corrective mapping. The complaint cites both "Reel 041675, Frame 0788 et seq." and "Reel 041217, Frame 0628 et seq." as documents establishing Bluebonnet's entitlement (its Exhibits 11 and 12). Google Patents ties the corrective filing back to 041217/0628. Since 041217 < 041675, the natural reading is: 041217/0628 = the original Feb‑9 assignment; 041675/0788 = the Feb‑10 corrective. I have marked that mapping as inferred — confirm on the Assignment Center abstract before quoting it. What is not inferred: both reel/frame pairs exist, both are Friskit→Bluebonnet, and both are cited in the pleading.

What I could not retrieve: reel/frame numbers for the 2000, 2001, and 2003 recordings, and the correspondent of record on any entry. The Assignment Center abstract page (not the Google Patents mirror) is where those live. I did not fabricate them.


Timeline diagram

timeline
    title Ownership of US 6389467
    2000 : Assigned to Friskit Inc
         : Utility filed 02 May
    2001 : Security agreement to Aposporos
    2003 : Second security agreement to Aposporos
    2017 : Assigned to Bluebonnet Internet Media Services
         : Corrective assignment next day
    2020 : Bluebonnet sues Pandora Media
         : Patent expires 02 May

NPE / troll-pattern signals

1. Shell-entity transfer — PRESENT.
The patent moves from Friskit, Inc. (a startup that shipped Friskit.com) to Bluebonnet Internet Media Services, LLC — recorded 2017‑02‑09 / 2017‑02‑10 at Reel 041217/0628 and Reel 041675/0788. Bluebonnet is not "IP/Holdings" by name, but the substantive tells are on the record: it is described in the pleadings and by outside commentators as a non‑practicing entity, it is a Texas LLC with "little‑to‑no online presence," and — decisively — Bluebonnet's own complaint admits it never made, offered for sale, or sold any patented article. Name alone isn't the finding; the product-absence admission is.

2. Known asserter in the chain — PRESENT (with caveat).
Bluebonnet does not match the enumerated classic roster (Acacia, Marathon, IV, IPNav, Wi‑LAN/Mosaid‑Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, DGC, Spangenberg). But it is surfaced by the aggregator directories the task directs me to: it appears as a tracked litigant in RPX's litigation-document index (the WDTX complaint PDF is hosted on insight.rpxcorp.com) and in Unified Patents' litigation listings (portal.unifiedpatents.com). Caveat: this is a single-campaign asserter (one defendant, Pandora), not a high-volume serial filer.

3. Repeat correspondent across the chain — UNCLEAR / insufficient data.
I could not retrieve the correspondent of record on any of the five recordings, so I cannot test recurrence. This is the single highest-value gap: the four Friskit-era and 2017 recordings share the same assignor, so a single recording attorney across them would be a textbook tell. Verify on the Assignment Center abstract. (Litigation counsel of record in the Pandora suit — listed on UniCourt as Brian A. Carpenter, George T. Scott, Paul Sung Cha, Brian Boerman, Quentin A. Roberts, Robert R. Brunelli, Walter J. Scott Jr. — are litigation counsel, not assignment correspondents; do not conflate the two.)

4. Cascading transfers — NOT PRESENT.
No chain of chained LLCs. The only sub-24‑month clustering is the 2017‑02‑09 assignment + 2017‑02‑10 corrective — that is a record correction, not a cascade. The two Aposporos security agreements (2001, 2003) are a securitization pattern, spaced ~26 months apart, not a cascade.

5. Pre-litigation transfer — NOT PRESENT.
The Friskit→Bluebonnet transfer was recorded 2017‑02‑09/10; Bluebonnet's first suit naming this patent (Pandora) was filed August 2020 — a gap of roughly 3.5 years, well outside the 6‑month window. (The 2003 RealNetworks suit was Friskit's own, five years before the Bluebonnet transfer.) So the chain was not arranged immediately to enable assertion.

6. Bankruptcy fire-sale — UNCLEAR.
No Chapter 7/11 record found. Friskit is described as "ceased operating"/"now-defunct," and Bluebonnet acquired the assets "after the startup ceased operating" — an out-of-court wind-down/asset disposition rather than a documented bankruptcy sale. Because the reason for the disposition isn't in the record I retrieved, I mark this unclear, not present.

7. Privateering — NOT PRESENT.
Classic privateering requires an ongoing operating company using an NPE as a proxy against competitors while keeping its own hands clean. Here the apparent operating company (Friskit) is defunct before the transfer, and Bluebonnet asserts on its own behalf. The Friskit-era assertion (2003, vs. RealNetworks/Listen.com) was Friskit suing directly, not via a proxy.

8. Defensive aggregator — NOT PRESENT.
The chain does not terminate at RPX, AST, LOT Network, Unified Patents, or OIN. It terminates at Bluebonnet, an asserting entity. No neutralization.


Verdict

NPE — high confidence.

Two signals are independently grounded in the record rather than in naming: (i) a shell-entity/asset-stripping transfer — the patent moves on 2017‑02‑09/10 (Reel 041217/0628 and Reel 041675/0788) from the product-era assignee Friskit, Inc. to Bluebonnet Internet Media Services, LLC, which admits in its own complaint that neither it nor Friskit ever made, offered for sale, or sold a patented article; and (ii) a known asserter in the chain, with Bluebonnet tracked as a non‑practicing litigant in both the RPX and Unified Patents litigation directories and described as an NPE by the court's observers. Those two strong signals, plus the securitization-style pledges of the patent to insider George Aposporos in 2001 and 2003, comfortably clear the "2+ strong signals" bar. The chain shows no defensive-aggregator termination and no pre-litigation-rush timing, both of which are consistent with a straightforward asset-sale-then-assert model rather than a purpose-built litigation vehicle.

Verify at: USPTO Assignment Center — https://assignmentcenter.uspto.gov/ (search patent number 6389467; the mirrored index is https://assignment.uspto.gov/patent/index.html). Query the abstract for Reel 041217 Frame 0628 and Reel 041675 Frame 0788 to capture the correspondent of record and the executed-vs-recorded dates, and to pull reel/frame for the 2000‑09‑01, 2001‑10‑29, and 2003‑12‑24 entries, none of which I was able to retrieve.

Confidence: high on the existence, parties, and dates of all five recorded events (Google Patents legal events + Bluebonnet's own pleading ¶18). High on the two 2017 reel/frame pairs; medium on which of the two is the corrective. Low/none on correspondents, on the Friskit-era reel/frames, and on the true reason for Friskit's cessation — all flagged above rather than guessed.

Generated 9/28/2026, 2:11:42 PM

Prior art

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

✓ Generated

I'll research the actual prior-art citations on the face of US 6,389,467. Let me pull the patent's own citation list and cross-check against USPTO sources.

I need the actual citation table. Let me pull it from Justia and Google Patents directly.

I hit the tool-call cap mid-retrieval, so I'm reporting what I could actually verify and flagging exactly what I could not get. The single most important thing to get right here is stated first.


Prior Art for U.S. Patent No. 6,389,467 B1 — US 6,389,467 / "Eyal"

0. Bottom line up front — a critical gap I will not paper over

I was not able to retrieve the patent's own "(56) References Cited" table — i.e., the list of patent citations printed on the face of US 6,389,467. I therefore cannot truthfully provide "each patent citation for 6389467" with the per-reference citation, date, description, and § 102 claim mapping you asked for.

What I did confirm:

  • The literal ID 6389467 resolves to US 6,389,467 B1 (Aviv Eyal, Friskit, Inc.; appl. 09/563,250; filed 2000-05-02; issued 2002-05-14; priority to provisional 60/177,786 of 2000-01-24; 68 claims). This matches the authoritative full text supplied to me and the USPTO Official Gazette record. It is not US 6,389,472, US 6,389,473, US 6,381,467 B1, or US 6,484,199 — all of which surfaced in searches and are different patents that I have excluded.
  • Every search result that looked like a citation table in fact belonged to a citing document, not to the '467's own face. A snippet showing "Patent Citations (44)" was rendered on the page for US 2004/0030681 A1 (a later application citing the '467), not on the '467's own page. Do not attribute "44 citations" to the '467 — that count is unverified for this patent.

Why this matters: as explained in § 3 below, the references cited on the face of the '467 were not the art that killed it in court. So a face-citation list, even if I had it, would understate the real prior-art picture. I give you the art that actually matters, clearly labeled as to source.

To close the gap (authoritative sources):

  • Patent PDF front page ("(56) References Cited"): https://patentimages.storage.googleapis.com/.../US6389467.pdf
  • USPTO Patent Public Search (ppubs.uspto.gov) → application 09/563,250 → "References Cited" / examiner citations
  • Google Patents → https://patents.google.com/patent/US6389467B1/en → the "Patent Citations" block (distinct from "Cited By")

1. What I could verify about how the '467's citations relate to other documents

These are documents found in the search record that cite or cross-cite the '467. They are citing documents, not prior art against the '467, and must not be classified as § 102 references:

Document Relationship to '467 Prior art?
US 6,484,199 B2 (Eyal; appl. 10/104,792) Express continuation of 09/563,250 ("filed on May 02, 2000, granted, now 6389467") No — same family / same priority
US 6,519,648 B1 (Eyal; appl. 09/613,433) Family sibling (listed together in Friskit's 2003 complaint) No — same family
US 6,725,275 B2 / US 6,735,628 B2 (Eyal) Continuations of '199 → '467 No — same family
US 7,281,034 B1 ("System and method for media playback over a network using links that contain control signals and commands," Friskit Inc., priority 2000-01-24) Family member with the same 2000-01-24 priority No — same priority date
CN 100581108 C Cites US6389467B1 in its [56] 参考文献 Citing doc
US 2004/0030681 A1, EP 1782283 A4 Cite the '467 Citing docs
US 9,515,147; US 9,426,524; US 9,425,222; US 11,907,279; US 12,402,179; US 10,614,857; US 11,078,548; US 9,963,673… (various) List "6389467 May 14, 2002

Do-not-conflate warning (per your literal-ID rule): searches for "467" repeatedly surfaced different patents: US 6,389,472 (Elswick/Hughes — filtering data received by a computer system), US 6,389,473 (Carmel et al.), US 6,381,467 B1 (Hill et al.), and the Salazar '467 (set-top-box art, E.D. Tex. 2:20-cv-00004), plus the Roche/Trividia and SiOnyx "467" patents. None is US 6,389,467. I have excluded all of them.


2. The prior art that was actually applied against the '467 (§ 103 record)

Because the face citations were not retrievable — and because they are not the operative art anyway — here is the prior art that the district court and Federal Circuit actually relied on to invalidate the asserted '467 claims. This is, substantively, the most relevant prior art for US 6,389,467.

Procedural anchor: Friskit, Inc. v. RealNetworks, Inc., N.D. Cal. C 03-05085 WWS (Judge Schwarzer), SJ of invalidity filed July 26, 2007 (claims of the '467, '199, '648, '275, '628); affirmed, Fed. Cir. 2007-1583, 306 F. App'x 610 (2009), under KSR. The asserted '467 claims were claims 35 and 52.

Reference Full citation / date Brief description Source of record
IUMA Radio (Internet Underground Music Archive) Public web service; in operation in the 1990s, before the 2000-01-24 priority date (non-patent prior art; § 102(a)/(b) public use/publication) Server sent HTML + JavaScript that opened a browser window with an embedded RealPlayer IE plug-in and a genre drop-down. User picked a genre; the server selected a music file of that genre and returned its URL; at song end the browser queried the server for more of that genre and the server returned another URL; the browser controlled the media player through its API. CAFC 07-1583; D. Ct. order
mp3.com / IUMA.com Public websites; mp3.com launched 1997–1998 (verify) Online music directories / searchable databases; search by artist/title → multiple result links; clicking a pre-made playlist link plays all songs continuously and sequentially. D. Ct. order; CAFC 07-1583
Winamp (+ integrated mini-browser) Nullsoft; released 1997 (verify exact build) Single interface to browse mp3.com/IUMA.com, search, build a playlist from results, and play back in the designated order, sequentially and continuously. D. Ct. order; CAFC 07-1583
M3U playlist files Format in use with Winamp/other players by ~1996–1997 (verify) A playlist file containing network addresses; on download the configured player automatically plays the addressed files in a predetermined sequence. CAFC 07-1583
RealPlayer 4.0 / RealJukebox and RealNetworks' October 1995 API announcement RealPlayer 4.0 shipped bundled with IE 4.0 and page-controllable via Java; Oct. 1995 API announcement (date as stated in the CAFC opinion) Real advertised that exposing its API would let providers "plug their own interface" into the player and let users "browse, select and play back audio … on demand, in real time." CAFC 07-1583
Java / JavaScript / ActiveX Sun 1995; Netscape 1995; Microsoft 1996 Well-known tools for network control of local processes; server-side control of a client player was known and implementable. CAFC 07-1583
The '467's own specification (admissions) — Admits: users locate media by manually selecting links / chains of links; search engines return links only; links are not verified for quality or availability. '467 text

Candidates I could NOT verify as being on the '467's face (flag as unverified, do not cite as "cited by '467"):

  • US 6,647,389 B1 — "Search engine to verify streaming audio sources," 3Com Corp. (listed under former assignee 3Com / Cufer Asset), priority 1999-08-30, granted 2003-11-11. Its subject matter (programmatically verifying streaming-audio sources) maps directly onto the '467's verification claims (Summary Groups 16–18). Its 1999 filing predates the '467 priority, so it would be § 102(e) art if properly evidenced — but I could not confirm it appears on the '467's citation list or that it discloses the claims.
  • WO 01/53963 A1 — "System and method for the distribution and sharing of media assets between media player devices," priority 2000-01-24. Caution: its priority date is the same day as the '467's provisional — so it is not prior art to the '467; it surfaced only as a "similar document" in a third-party validity report.

3. § 102 mapping — with an honesty caveat you should not skip

Caveat: the '467's invalidity was decided under § 103(a) (obviousness, KSR), not § 102. Neither the district court nor the Federal Circuit made an anticipation finding on the '467. So the "§ 102" column below is my analytical assessment of single-reference disclosure, not a holding. Where a combination was required, I say so.

Reference § 102 assessment Which claims it arguably anticipates
IUMA Radio Best single-reference § 102 candidate. It alone discloses the claim-1 sequence: user search input (genre = criteria) → server-side store of addresses indexed by a class of information (genre) → server selects a file by comparing criteria to that class → server signals the address to the client → client plays it, then automatically retrieves and plays the next → player driven through its API. Independent claim 1 and the "programmatic/direct control" claims (including the asserted claim 35). The only element to argue over is whether the playback is "substantially automatically" multi-site — and IUMA Radio's auto-refill loop plus M3U addresses pointing anywhere supply that. Not held by any court.
mp3.com / IUMA.com alone Partial — likely does not fully anticipate claim 1. Discloses the search UI, an indexed song DB, and multiple results, and playlist playback is sequential/continuous; but the "signaling the selected plurality … and causing the device to access and play back substantially automatically" without further user clicking is where it is thin. Would anticipate only narrower claims reciting a searchable media database returning multiple results; weak against claim 1.
Winamp (+ mini-browser) alone Does not anticipate claim 1 — no network server module selecting and signaling addresses. § 103 fodder. None cleanly.
M3U playlist files alone Does not anticipate claim 1 — discloses the address-list/ordered-playback data structure, not the search-and-select server side. § 103 fodder. None cleanly; supplies the "plurality of addresses … played in designated order" elements.
RealPlayer 4.0 / Real 1995 API art alone Does not anticipate — discloses the controllable playback component, not the search/DB/signaling architecture. None cleanly; it is the "programmatically controllable playback component" element.
Java / JavaScript / ActiveX Background/§ 103 art only. None.
US 6,647,389 B1 (3Com) (unverified as cited) Potentially § 102(e) as to the verification claims only, if shown to be on the citation record. Summary Groups 16–18 (programmatic link verification). Unverified — do not assert.

The combination that actually invalidated the '467: IUMA Radio + M3U playlists (alternatively Winamp + mp3.com/IUMA.com), as applied under KSR, with the CAFC holding that server-side control of a client media player was a "predictable use of prior art elements according to their established functions."* So if you need a § 103 case, it is already litigated and affirmed; if you need a § 102 case against claim 1, IUMA Radio is the reference to develop — but no tribunal has so held.


4. Corrections to the earlier sections of this analysis

  1. "Patent Citations (44)" — this count belongs to a citing application's page (US 2004/0030681 A1), not to US 6,389,467. Do not repeat it as the '467's citation count. (Consistent with the earlier Obviousness section, which already flagged that the '467's own (56) block was never retrieved.)
  2. The '467's face citations ≠ its invalidating art. The art that defeated the claims was non-patent system art (IUMA Radio, mp3.com, Winamp, M3U, RealPlayer) that does not appear in a patent "(56)" list. Any analysis built only on face citations will miss the dispositive references.
  3. Family continuations are not prior art to the '467 — '199, '648, '275, '628, and US 7,281,034 all share the 2000-01-24 priority. Do not list them as § 102 references.

5. Explicit uncertainties (nothing guessed)

  1. I did not retrieve the '467's "(56) References Cited" list. This is the direct answer to your request and I could not supply it. Every reference in § 2 is either (a) court-recorded invalidating art or (b) explicitly flagged as unverified as to whether it appears on the patent's face.
  2. The "44" citation count is unverified for this patent and appears to belong to a different document.
  3. Exact public-use dates for mp3.com (1997–1998), Winamp (1997), and the M3U format (1996–1997) are given as "generally reported — verify" and should be pinned before being used in any § 102(b) public-use chart. Only the RealNetworks October 1995 API announcement date is taken from the Federal Circuit opinion.
  4. US 6,647,389's status as '467-cited art is unconfirmed — treat as a lead, not a finding.
  5. Claim-number granularity: only claim 1 is verbatim in my hands; the asserted '467 claims were 35 and 52, but I do not have their verbatim text. Any claim-number mapping beyond claim 1 is inferred.
  6. Search limit reached: I exhausted tool calls before opening the Google Patents citation block, USPTO Patent Public Search, or the patent PDF front page. The negative results above are "not retrieved," not "confirmed absent."

Sources

Technical/legal research analysis based on public records; not legal advice. No reference, date, or claim mapping was fabricated; where the record was not retrieved, I have said so explicitly.

Generated 9/29/2026, 8:24:31 PM

Obviousness

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

✓ Generated

I'll ground this analysis in the actual prior-art record for the '467 — both the references cited on the patent's face and the art the courts actually relied on. Let me pull those.

Let me pull the actual cited references on the '467's face and the corresponding PCT/EP search-report art.

Obviousness Analysis — U.S. Patent No. 6,389,467 B1 ("Eyal")

Under 35 U.S.C. § 103(a) (pre‑AIA)

Date note: the system header on this task says today is 2026‑09‑28, while the task line says April 26, 2026. I have not attempted to reconcile them; nothing in this analysis turns on the difference.


0. Preliminary: what "the Prior Art section of this page" actually contains

Strict honesty up front, because this matters for citation discipline:

  • The patent text supplied to me does not contain a labeled "Prior Art" section. There is no "References Cited" / "Patent Citations" / "Non‑Patent Citations" block in the page text provided, and I did not retrieve the '467's own front‑page citation list in this session. Google Patents renders that block on the family pages (e.g., the continuation US 9,779,095 B2 prints a long "(56) References Cited" list beginning with Thompson 3,568,156 A, Rosenbaum 4,384,329 A, etc.), but I am not going to attribute that list to the '467's face without confirmation.
  • What the supplied text does contain that functions as prior‑art admission is the Background/Definitions portion: "Users locate streaming media on the Internet by manually selecting links… Users sometimes select through a chain of links…"; "Some services provide media search engine capabilities…"; and "links displayed to users of current search engines are not subject to a determination of the quality or availability of the media…" That is the admitted state of the art and it is citable as an admission.
  • I have therefore grounded the analysis on the patent's own admissions plus the prior‑art record actually adjudicated for this patent, which is the strongest and most usable § 103 record that exists for the '467: the Friskit v. RealNetworks invalidity record.

Do‑not‑conflate warning (per your instruction on literal IDs). My searches surfaced near‑number patents that are different patents: US 6,389,473 (Carmel et al., listed in a VideoShare v. Google W.D. Tex. prior‑art disclosure) and US 6,381,467 B1 (Hill et al., appearing in an unrelated claim chart) and US 6,389,472. None of these is US 6,389,467 (Eyal). I have excluded all of them.


1. Governing standard and the procedural posture

  • The application was filed May 2, 2000 (priority Jan. 24, 2000), so pre‑AIA § 103(a) governs. Graham factors apply.
  • The controlling merits determination for this patent: **N.D. Cal., Friskit, Inc. v. RealNetworks, Inc., No. C 03‑05085, Order Granting Defendants' Motion for Summary Judgment (Judge William W. Schwarzer), filed July 26, 2007** — holding the asserted claims of five Friskit patents (the '467, '199, '648, '275, '628) invalid for obviousness. The order confirms the complaint was filed June 27, 2003 (resolving an open item from the earlier section).
  • Affirmed: Friskit, Inc. v. RealNetworks, Inc., Fed. Cir. No. 2007‑1583, 306 F. App'x 610 (nonprecedential). The Federal Circuit expressly applied KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007): "[t]he 'predictable use of prior art elements according to their established functions' is likely to be within the grasp of one of ordinary skill in the art."

Level of ordinary skill (proposed). A bachelor's degree in computer science or electrical engineering (or equivalent), plus roughly 2–4 years' experience in Internet/networked software — specifically HTML/JavaScript/plug‑in browser development and digital media player clients (RealPlayer/Winamp class). This is the PHOSITA used by the district court's analysis (it credited expert testimony from both sides on exactly these technologies).


2. The prior art references relied on (the "scope and content of the prior art")

Ref. What it discloses Source
IUMA Radio (Internet Underground Music Archive) Server sends HTML + JavaScript that opens a local browser window containing an embedded RealPlayer IE plug‑in and a genre drop‑down. User picks a genre; server selects a music file of that genre and sends the URL; at the end of each song the browser queries the server for more music of that genre and the server returns another URL. The browser controls the media player through its API. Unrebutted evidence. CAFC 07‑1583 opinion; D. Ct. order
mp3.com / IUMA.com Online music directories/searchable databases; user searches by artist/title, gets multiple result links, clicks a result and the default media player downloads/streams and creates a playlist; clicking a link to a pre‑made playlist plays all songs continuously and sequentially — i.e., multi‑site search‑and‑playback. D. Ct. order; CAFC 07‑1583
Winamp (+ integrated mini‑browser) A single interface letting a user navigate to mp3.com/IUMA.com, search, build a playlist by clicking/dragging results, and play the files back in the designated order. Playlist playback is sequential and continuous. D. Ct. order; CAFC 07‑1583
M3U playlist files A playlist file containing network addresses; clicking it downloads the file, and the properly configured media player automatically plays the files at those addresses in the predetermined sequence — the art's standard mechanism for multi‑address, ordered, automatic playback. CAFC 07‑1583
RealPlayer 4.0 / RealJukebox; Real's Oct. 1995 API announcement RealPlayer 4.0 shipped bundled with Internet Explorer 4.0 and could be controlled from web pages via Java and other technologies. In October 1995 Real advertised that exposing its API would let content providers "plug their own interface" into the player, "embed instructions" in the stream, and let users "browse, select and play back audio or audio‑based multimedia content on demand, in real time." CAFC 07‑1583
Java, JavaScript, ActiveX Widespread programming tools for network control of local processes; the benefits and implementation of server‑side control were well known. CAFC 07‑1583
Patent's own admissions User selects from a chain of links; search engines return links; no quality/availability verification. Also, in litigation Friskit admitted it "did not invent streaming media, playlists or media players" and that its contribution was the "glue." '467 specification; CAFC 07‑1583

Corroborating signal that this subject matter became the state of the art. The '467 itself is now cited by petitioners as prior art against later patents — e.g., it appears as Exhibit 1005 ("Eyal") in the petitions at ptacts.uspto.gov (1549702/1549704), and is listed in Hulu LLC v. SITO Mobile R&D IP, LLC, IPR2021‑00158, Ex. 2007 as "U.S. Patent No. 6,389,467 and systems by the original assignee Friskit, Inc."


3. Element‑by‑element: claim 1 (the verbatim independent claim)

Claim 1 recites: (i) receiving a multi‑site search request with criteria; (ii) accessing a memory of addresses, each associated with one or more classes of information, each addressing a media resource; (iii) selecting a plurality of addresses by comparing criteria to the classes; (iv) signaling them to the device; and (v) causing the device to access the sites and sequentially play back substantially automatically.

Claim 1 limitation Disclosed by Why the combination is motivated
Multi‑site search request w/ criteria mp3.com / IUMA.com search UIs; Winamp mini‑browser These were the only way users found Internet music in 2000; the Background admits users did this through link chains. Express design need.
Memory of addresses each tagged with classes of information mp3.com/IUMA.com indexed song DBs organized by genre/artist; IUMA Radio's genre index; M3U address lists Data‑type/genre/artist indexing was the conventional way to make a media directory searchable. Predictable use of known elements (KSR).
Selecting addresses by comparing criteria to classes IUMA Radio: server "would select a music file of that genre"; mp3.com returning multiple matching results Identical function, identical structure.
Signaling the plurality of addresses IUMA Radio: server sends URL links to the browser; M3U download Same.
Causing access + sequential, substantially automatic playback M3U predetermined‑sequence auto‑play; IUMA Radio's auto‑retrieve‑next‑song loop; Winamp's continuous sequential playlist M3U already produced ordered, automatic, multi‑address playback; IUMA Radio already automated playlist refill from the server. Combining them is a predictable variation, and the CAFC so held.

Result: claim 1 is obvious over IUMA Radio in view of M3U playlists (and, alternatively, Winamp+mp3.com/IUMA.com). IUMA Radio alone supplies the server‑side memory, selection, signaling, and automatic sequential playback; M3U supplies the address‑list/ordered‑playlist data structure. Motivation: both solve the same problem (hands‑free, ordered, multi‑address streaming playback) in the same field — the classic KSR combination.


4. The "programmatic control / direct control" claims (the asserted '467 claim 35 line)

This is where Friskit actually fought, and where it lost. Friskit's asserted '467 claim 35 was characterized in the record as requiring a media player controllable by a separate module (network server/search module) that provides media resource locators. The Federal Circuit found:

"IUMA Radio exhibited 'programmatic control.' That is, the server module transmitted a program consisting of Javascript and HTML code, which caused a local browser window to open and controlled the embedded media player."

and, even if not literally present:

"…it would have been trivial for one of ordinary skill in the art, starting with the prior art devices, to develop the control mechanisms described in the claims… server control was plainly the alternative to the client‑server model… the benefits of network control of local processes and the methods for implementing such control were well known."

Motivation to combine, in KSR terms, is over‑determined here:

  1. Finite, identified, predictable solutions. The district court found each Friskit claim simply picked one of three control points — network server module, search module, or media player module — "to control the client in ways analogous to the prior art." KSR at 1742 (finite number of identified, predictable solutions + reasonable expectation of success ⇒ obvious).
  2. Design need / market pressure. Consumer demand for on‑demand/continuous streaming music; the shift from dial‑up to cable/DSL; and the licensing of digital content — all recited by the CAFC as the conditions under which the claims became obvious.
  3. Known technique applied to a similar device. API‑exposed player control was the intended purpose of Real's 1995 API disclosure — Express motivation, arguably teaching.
  4. No technical incompatibility. The CAFC rejected teaching‑away because Friskit's evidence went to business/market forces, not technical infeasibility (Orthopedic Equip. Co.).

5. Mapping the remaining independent‑claim groups to art (per the prior section's Groups 2–24)

Group(s) Subject matter Primary art Motivation
2, 4, 9, 10, 11, 12 Multi‑address / play‑list / designated‑order / external‑site methods & systems IUMA Radio + M3U + Winamp playlist Ordered multi‑site sequential playback already existed; "external site" is inherent in M3U addresses pointing anywhere.
3, 5, 6 Client device with UI + programmatically controlled playback component RealPlayer 4.0/IE4 + Winamp mini‑browser Single‑interface search‑and‑play already existed (Winamp); server‑control was the known alternative.
7, 8 Server module identifying resources on first and second sites IUMA Radio (server pushes URLs successively); mp3.com/IUMA.com (cross‑site results) Same.
13 Sharing a play‑list by link/e‑mail M3U files (a shareable link to a pre‑made playlist) + conventional e‑mail M3U was a shareable playlist artifact; e‑mailing a URL was routine.
14, 15, 19, 20 Browser‑component crawling/extraction of links, iterative a)–g) algorithm Commercially available web browser components (Netscape Navigator / IE) with an exposed API and HTML DOM The specification itself concedes the browser component and HTML parsing were commercially available and reconfigured — i.e., conventional.
16, 17, 18 Programmatic metadata extraction and link verification Media player API (load URL, report duration/quality/failure) The Background identifies broken/unavailable links as the problem to solve; using a player's own API to confirm playability is the predictable solution.
21 Metacrawler architecture Web directories (Yahoo.com, Lycos.com) + browser component The patent names these directories as the starting points.
22, 23 Rating/ranking systems Conventional recommendation/rating art (e.g., the collaborative‑filtering patents of the Hey family that appear in the Friskit‑family citation list) + the playback architecture Personalization by user ratings was a known technique in the same field; applying it to a playlist generator is a predictable use. (Flag: I could not verify the Hey references appear on the '467's own face — only on the family continuation US 9,779,095's list. Treat as indicative, not confirmed for the '467.)
24 Dual‑component device: playback component + browser displaying the hosting site RealPlayer 4.0 as an IE plug‑in displaying the hosting page while playing Already the ordinary plug‑in architecture.
1 (again) — See § 3 —

6. Secondary considerations — considered and rejected

The CAFC addressed all three proffered indicia and found no overcoming weight:

  • Commercial success — no nexus; Friskit "failed to show that the success of those products was attributable to… programmatic control."
  • Copying — "limited probative value in the absence of evidence of failed development efforts," and no proof the copied technology fell within the claims.
  • Long‑felt need / teaching away — Friskit's evidence went to copyright risk, dial‑up bandwidth, and compatibility marketing — i.e., economic/commercial factors, not a technological incompatibility. Orthopedic Equip. Co. v. United States, 702 F.2d 1005, 1013.

Net: no secondary consideration rebuts the prima facie case.


7. Bottom line and residual uncertainties

Bottom line. On the adjudicated record, the independent claims of the '467 — the search‑and‑play method (claim 1), the multi‑address/continuous‑playback systems, and the programmatic/direct‑control claims (including asserted claim 35) — are obvious under § 103(a) over IUMA Radio in view of one or more of mp3.com/IUMA.com, Winamp (+mini‑browser), M3U playlists, and the RealPlayer API/Java/JavaScript/ActiveX art, as applied under KSR. The motivation is strongest on the control‑mechanism claims (finite, identified, predictable solutions) and on the search‑and‑play claims (identical function, same field, explicit market pressure). Claim 1 in particular is close to anticipated by IUMA Radio + M3U alone; the courts disposed of the family on § 103 rather than § 102, so I present it as obviousness.

Uncertainties I will not paper over.

  1. Claim‑number granularity. Only claim 1 is verbatim in my hands. The asserted '467 claim was 35 (per the district court/CAFC discussion), but I do not have its verbatim text. The grouping in the earlier section is reconstructed from the Summary of the Invention, not from the 68‑claim set.
  2. Which claims were reached. The 2007 SJ order invalidated claims across five patents; the excerpted record shows claim‑specific treatment of the '275, '648, and '628, and references '467 claim 35. I cannot state that all 68 claims of the '467 were individually adjudicated.
  3. The 2022 § 101 ruling is a different invalidity theory. Bluebonnet v. Pandora (N.D. Cal. 3:21‑cv‑08294, JOP 9/7/2022, aff'd Fed. Cir. 22‑2215) held the asserted claims invalid under § 101, not § 103. Do not merge the two theories; for an obviousness defense the 2007 RealNetworks § 103 record is the operative one.
  4. Cited‑references list. The '467's own "(56) References Cited" block was not in the supplied page text and I did not retrieve it. Any reference I name from the family's citation list (e.g., the Hey collaborative‑filtering patents) is indicative only.
  5. Docket‑folder discrepancy. The RealNetworks SJ order is archived under gov.uscourts.cand.175168, whereas the earlier section cited folder gov.uscourts.cand.15671. These are different archive paths; the underlying case is C 03‑05085 / 3:03‑cv‑05085. Flagging the inconsistency rather than picking one.

Sources

Technical/legal research analysis based on public records; not legal advice.

Generated 9/28/2026, 2:11:35 PM

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1 tracked lawsuit name US 6389467.