Invalidity dossier

US 9154536

Automatic delivery of content

Current assignee: Microsoft Technology Licensing LLC

Added 9/27/2026, 9:55:15 PM

At a glanceNo PTAB challengesNo litigation on fileSoftware Technology & Computing Systems (T)

Active provider: DeepSeek · deepseek-v4-flash

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Patent summary

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

✓ Generated

I'll run searches as requested, then reconcile them against the authoritative full text provided.

Let me pull the actual claim text for the '536 patent.

US Patent 9,154,536 B2 — Analyst Summary

Note on method: I ran the requested searches (USPTO/Google Patents/Justia text and a targeted CAFC 2026 docket sweep). The authoritative full text supplied in your materials is the primary basis below; search results were used to confirm bibliographic data and to check for litigation. Where I could not verify something, I say so.


1. Bibliographic data

Field Value
Patent number US 9,154,536 B2 (literal: 9,154,536)
Title Automatic delivery of content
Application no. 14/036,848
Filing date September 25, 2013
Issue date October 6, 2015
Prior publication US 2014/0025778 A1 — January 23, 2014
Applicant/assignee as filed LinkedIn Corporation, Mountain View, CA
Original assignee (per Google Patents) LinkedIn Corp
Subsequent assignment LinkedIn Corporation ← Color Labs, Inc. (recorded 2014-01-08); → Microsoft Technology Licensing, LLC (recorded 2017-11-01)
Inventors Bill Nguyen; Vincent Mallet; Nicholas Woods; Jessica Cheng; Sandip Chokshi; Ganesh Ramanarayanan; Megan Streich (see name-variance note)
Attorney/firm Schwegman Lundberg & Woessner, P.A.
Primary examiner Hieu Hoang (per Justia)
Claims / drawings 20 claims, 33 drawing sheets (per the granted-PDF cover page)
Legal status Expired – Fee Related; anticipated expiration 2032-02-16

Continuity (from the "CROSS-REFERENCE" section and the granted-PDF related-application box):

  • Continuation of App. 13/851,606, filed March 27, 2013.
  • Which is a continuation of App. 13/398,227, filed February 16, 2012, now U.S. Pat. No. 8,412,772.
  • Which claims benefit of Provisional App. 61/537,526, filed September 21, 2011.
  • Recorded priority date: 2011-09-21.

Classification: CPC H04L 65/60; G06Q 50/01; H04L 47/19; H04L 67/1012, plus further H04L 67/xxx, H04N 21/xxx and G06F 3/048x subclasses.

Name variance (flagged, not auto-corrected): The granted-PDF text retrieved in search renders the seventh inventor as "Megan Stretch (San Francisco, CA)," while Google Patents and Justia both list "Megan Streich." Both spellings appear in sources; I am not resolving the discrepancy.


2. Abstract (verbatim)

"Example systems and methods of content sharing via social networking are presented. In one example, availability of a first user device to provide media content over a communication network is detected. A second user device is identified via an association of the first user device with the second user device that is specified in a social network. An acceptance by the second user device to receive the media content from the first user device is determined. In response to the acceptance, transmission of the media content provided by the first user device over the communication network to the second user device is initiated."


3. Disclosure overview (from the specification)

The '536 patent is a social-network-mediated live content sharing ("host/visitor") system. Its core mechanics as described:

  • A host device captures/sources content 120 (video, audio, photos, text/graphics) and signals a gesture (e.g., taking a photo/video, posting to a social network, a status/comment/"like," a location change, or an explicit share command) indicating the host is available to share (FIGS. 4A–4C, operations 402–406).
  • A server (API server 300 with API, user-preferences, social-network-contacts, host/visitor-status, content-push, distribution-server-selection, content-storage and incentive/award modules) identifies potential visitors from the host's social-network friends/family and from stored user preferences, then issues an availability notification and/or host invitation (operations 408–416).
  • On visitor acceptance/visit request, the server selects one or more distribution servers from a server farm using a canonical server + traffic-management-device architecture (FIG. 5, operation 418), issues distribution-server indications to host and visitors (420A/420B), and initiates transmission of the content to visitors (422).
  • Support for push delivery via a Comet/"hanging GET" model; DVR-style pause/rewind/fast-forward; M-JPEG / Flash players; multi-stream or multi-angle viewing; and social-network "like"/comment integration (FIGS. 6A–6J, 7A–7O).

Note: The full text supplied to me is truncated mid-Description ("...discussed in greater detail below in conjunction") and does not include the claim set. My claim discussion below is therefore partly inferential.


4. Independent claims — plain-language overview

Honest limitation: I was not able to retrieve the literal claim text of US 9,154,536 from the authoritative source provided (claims section truncated) or from search. The granted-PDF search hit confirms "20 Claims" but returned only the cover page, not the claim columns. Justia's grant page for 9154536 returned only its "Patent History" block.

Accordingly:

  • Claim 1 (method) — Based on the patent's own abstract (which in this family closely tracks the independent claim), claim 1 most likely recites, in plain language: detecting that a first user device is available to provide media content over a communication network; identifying a second user device by way of an association between the first and second devices that is specified in a social network; determining that the second user device has accepted receipt of the media content; and, in response to that acceptance, initiating transmission of the media content from the first user device over the network to the second user device. Treat this as a characterization of claimed subject matter, not a verified quotation of claim 1.
  • Other independent claims — A 20-claim set of this type and era typically includes at least one system claim and/or a non-transitory computer-readable medium claim mirroring the same operations (the specification's "Modules" and "machine-readable medium" passages are drafted to support such claims). I could not verify the number, numbering, or wording of the independent claims, so I do not assert them.

A caution about a search artifact: A Justia page indexed under publication 20140025778 displayed a claim set numbered 21–40 ("recording logical relationship information… determining a first user group… filters… group ranker module"). Because the '536 patent has only 20 claims, claims 21–40 cannot be the '536 claims; that text appears to belong to a different member of the same Color Labs/LinkedIn family. I have not attributed it to the '536 patent.


5. Litigation / CAFC 2026 check (as requested)

  • A targeted search for a Federal Circuit 2026 docket involving patent 9,154,536 returned no hits. Results returned were unrelated matters (e.g., Global Tubing v. Tenaris, 2023-1882/-1883; Magnolia Medical v. Kurin, 2024-2001; Centripetal v. Cisco, Nos. 2024-1893/-1948 and the related SCOTUS cert petition coverage; Contour IP Holding v. GoPro, 2026-2012; Network-1 v. Google; NantWorks v. Niantic, 2024-2216).
  • No IPR/PGR or other PTAB proceeding identified for the '536 patent in the results returned.
  • What did surface repeatedly is that 14/036,848 → US 9,154,536 appears in the "Priority Applications" / "Continuation" tables of later family members (e.g., the live-video-stream patents cited at patents.google.com/patent/US9306998 and US8621019), confirming the family relationship rather than any dispute.

Caveat: My search tool is not a docket database. Absence of a hit is not affirmative proof that no 2026 CAFC appeal, PTAB proceeding, or district-court case exists. I could not query PACER, Docket Navigator, or the CAFC docket directly, and I flag that limitation explicitly.


6. Confidence summary

Item Confidence
Title, patent no., app. no., filing/issue dates, assignee chain, inventors, abstract, 20 claims/33 sheets, continuity, expiration status High — corroborated by the granted-PDF cover page, Google Patents, and Justia
"Megan Streich" vs. "Megan Stretch" Low / unresolved — sources conflict
Sub-claim scope of the invention (host/visitor, gesture, distribution-server selection) High for the disclosure; claims not verified
Literal wording of claim 1 and of other independent claims Low — not retrieved; overview above is inferred from the abstract and specification
No 2026 CAFC docket for '536 Moderate — no results found, but search coverage is not authoritative on dockets

Key sources: https://patents.google.com/patent/US9154536/en ; https://patents.justia.com/patent/9154536 ; https://patents.justia.com/patent/20140025778 ; granted-PDF cover page at patentimages.storage.googleapis.com/77/7a/d3/a629ca55ec2c19/US9154536.pdf

Generated 9/27/2026, 10:01:12 PM

Cases on file (0)

Specific litigation cases in our database that name US patent 9154536. The free-form analysis below may also discuss cases beyond this list.

No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.

Litigation summary

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

✓ Generated

I'll search for litigation involving US patent 9154536 across litigation databases, PACER-related sources, and the Federal Circuit.

Let me run more targeted searches on litigation databases and patent-specific sites.

Bottom line

I could not identify any litigation — in the district courts, the Federal Circuit, the Court of Federal Claims, or at the ITC — that asserts or otherwise involves U.S. Patent No. 9,154,536 ("Automatic delivery of content"). Searches of patent‑litigation aggregators (including the Unified Patents portal framework, PACER/CourtListener‑derived dockets, and litigation‑news sources) returned no case naming the '536 patent as a patent‑in‑suit, and no party has been identified as asserting it.

Because I found nothing, I am reporting "no known litigation" rather than listing cases — and I want to be explicit that this reflects an absence of located records, not a certified negative.

What I searched and what came back

Search target Result
US patent 9154536 litigation No hit tying the '536 patent to any case
"9154536" patent lawsuit defendant Only unrelated matches (a DOI string 10.1109/TRO.2008.9154536; a Chinese patent‑document serial 9154536 for an escalator comb‑plate structure from Xini Elevator (Hangzhou))
"9,154,536" patent infringement complaint No hit for the '536 patent
patent 9154536 "Automatic delivery of content" lawsuit Only the patent's own Justia/Google Patents pages, no litigation
unifiedpatents.com litigation 9154536 No case record
"9154536" Color Labs LinkedIn patent case No case record

Notably, the numeric string "9154536" produces heavily false‑positive noise (a robotics DOI and an unrelated Chinese utility‑model document ID), so any future query should be run with the full patent number 9,154,536 plus the title "Automatic delivery of content," and results cross‑checked by patent number inside the actual docket documents — not by string match.

Patent‑level context (ownership chain, which is often a precursor to assertions)

The authoritative record for this patent itself shows a chain of custody that is a common precondition for litigation but is not itself litigation:

  • Inventors: Bill Nguyen, Vincent Mallet, Nicholas Woods, Jessica Cheng, Sandip Chokshi, Ganesh Ramanarayanan, Megan Streich.
  • Original assignee: LinkedIn Corp. (LinkedIn's 2013/2014 filings reference the '536 as part of the family originally from Color Labs, Inc. — see the cross‑reference to Provisional App. No. 61/537,526, filed Sep. 21, 2011; the copyright notice names Color Labs, Inc.).
  • Priority date: 2011‑09‑21; continuation of Ser. Nos. 13/851,606 and 13/398,227.
  • Current assignee: Microsoft Technology Licensing LLC (recorded assignment from LinkedIn Corporation on 2017‑11‑01).
  • Legal status: Expired – Fee Related; anticipated expiration 2032‑02‑16.

Ownership by LinkedIn → Microsoft, rather than by a patent‑assertion entity (PAE), is consistent with — though not proof of — the absence of assertion litigation. (By contrast, sibling/related Color Labs applications have appeared in patent‑office challenges; the family has been cited as prior art in other proceedings, but that is not litigation.)

Caveats — please read before relying on this

  1. Absence of evidence is not proof of absence. Litigation dockets are not fully public/indexed in real time, and complaints asserting a patent can take months to surface in free databases.
  2. The '536 patent may appear in a case without being the "patent‑in‑suit." It could be cited in an invalidity contention, an IPR/PGR as prior art, or a damages/portfolio discussion without being asserted. My search would not reliably surface those secondary mentions.
  3. Do not conflate similar numbers. I did not auto‑correct any identifier. If a source cites a different number (e.g., a 9,1xx,xxx variant), that is a different patent unless independently confirmed.

Recommended next steps for a definitive answer

To convert "no known litigation" into a verified negative, check (with the exact number 9,154,536):

  • PACER / CourtListener RECAP — search the docket full‑text for 9,154,536 and 9154536, and separately search party name Microsoft Technology Licensing and LinkedIn Corporation as plaintiff.
  • Docket Navigator and Lex Machina — these index asserted‑patent numbers directly and are the most reliable for "patent‑in‑suit" queries.
  • Unified Patents Portal (portal.unifiedpatents.com/litigation/caselist) — search the case list by patent number.
  • USPTO PTAB (PTAB‑E2E / IPR‑PGR‑CBM) — check whether the '536 patent (or its claims) has been challenged, which often correlates with parallel district‑court assertion.
  • CAFC — search by patent number and by the assignees above for any appeal.

If you'd like, I can run additional targeted searches (e.g., by assignee name, or checking whether the '536 appears only as prior art / in an IPR rather than as an asserted patent) once you confirm which database you have access to.

Generated 9/27/2026, 10:01:00 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.

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 verify the structured data against live sources before drafting.

Let me run additional targeted checks before concluding.

Proceedings overview

Total AIA trial proceedings on file for US 9,154,536: zero. The structured "PTAB proceedings on file" block — sourced from the USPTO Open Data Portal (ODP) — returns no IPR, PGR, or CBM petitions against this patent as of the most recent ingest. I ran independent web searches against PTAB/PTACTS material, Federal Circuit and CourtListener opinion text, and general docket coverage looking for any petition, institution decision, Final Written Decision, or appeal naming U.S. Patent No. 9,154,536, Color Labs, LinkedIn, or Microsoft Technology Licensing in an AIA-trial posture. I found none. My searches surfaced no proceeding I can cite, so I will not report one. The default stated in the prompt — "no PTAB activity on file" — is confirmed.

Bottom-line defensive posture: this is not a "hardened patent" story and not a "claims are dead" story. It is a clean-slate story. The patent has never been tested at the PTAB. Its validity is entirely untested before the Board, which means (a) no claim of the '536 has been canceled, so a demand letter citing any claim cannot be answered with "that claim is already dead," and (b) no petitioner is bound by § 315(e)(2) estoppel, so a defendant today has the full universe of prior art available for an IPR challenge — subject only to the § 315(b) one-year bar and § 325(d)/Fintiv discretionary considerations.

(No proceedings to enumerate)

Because the canonical list is empty, there is no petitioner, no panel, no institution decision, and no FWD to report. I am not going to invent proceeding numbers, panels, or dispositions to fill this section. If you have a specific PTAB docket number in hand from a different source (e.g., a demand letter or a joint defense group), supply it and I will pull the real record — but it does not appear in the ODP data and it did not surface in searching.


Strategic summary

Claim status across the patent: every claim is UNTESTED. No claim of US 9,154,536 has been canceled, disclaimed, confirmed, or construed by the PTAB. There is no narrowing, no certificate of correction from a trial, and no surviving-claim list to report — the claim set stands exactly as issued on 2015-10-06. Anyone telling you claims were "invalidated in IPR" is either confusing this patent with another one or misrepresenting the record.

Estoppel landscape — nothing binds anyone yet. Section 315(e)(2) estoppel attaches only after a Final Written Decision; there has been no FWD here, and no petition at all. The practical consequence for a defendant being asserted against today is favorable: no prior-art ground is foreclosed. You are not limited to art that some earlier petitioner "raised or reasonably could have raised." The classic IPR gates still apply, and they are the ones to plan around:

  • § 315(b) time bar — a petition filed more than one year after service of a complaint alleging infringement is barred. If you have already been served, calendar this immediately.
  • § 315(a)(1) — a civil action seeking a declaratory judgment of invalidity filed before the petition bars the IPR.
  • § 325(d) — art already considered by the examiner during prosecution may draw discretionary denial; pull the file history and map your references against the cited art.
  • Fintiv / § 314(a) and the Director's discretionary-denial practice (see Magnolia Med. Techs., Inc. v. Kurin, Inc., IPR2026-00097 (PTAB May 14, 2026) (precedential)) — parallel district-court timing, overlapping art, and multiple-petition behavior are now explicit denial levers. A single, well-scoped petition is better positioned than a shotgun.

Pattern signals — the absence is itself the signal. There is no repeat petitioner because there has been no petitioner: the patent has never attracted a single AIA challenge in roughly a decade of enforceability. Ownership has moved Color Labs, Inc. → LinkedIn Corporation (assignment recorded 2014-01-08) → Microsoft Technology Licensing, LLC (recorded 2017-11-01). No defensive aggregator (Unified Patents, RPX, etc.) appears anywhere in the chain — this is a captured, operating-company asset, not a litigation-assertion vehicle. Practical reading: the patent appears to sit in a large corporate portfolio (Microsoft) rather than being actively monetized against defendants, which is the most likely reason no IPR has ever been filed. That cuts both ways — it means you likely cannot free-ride on an existing IPR result, but it also means the patent has not been selected as a litigation weapon worth attacking.

One caution on research hygiene. Several unrelated patents share the trailing "536": Netlist's U.S. 8,081,536 (memory modules, IPR2014-00883/-01021, vacated and remanded in Netlist v. Diablo, Fed. Cir. 2017), Husky's '536 (assignor estoppel, Husky v. Athena, Fed. Cir. 2016), and a conversational-AI '536 patent in E.D. Tex. litigation. Web search for "9154536" also collides with a Japanese registration number (JPH10336859) and an IEEE DOI. None of that baggage attaches to US 9,154,536. Do not let an adversary import another patent's invalidity history into this dispute.


Recommended next steps

  • If you received a demand letter or complaint citing US 9,154,536: there is no PTAB disposition to deploy. No claim has been canceled, so you cannot say "the troll's claims are dead." Your invalidity story must be built from scratch — either through an IPR petition or in district court.
  • Calendar the § 315(b) one-year clock from the date you were served. Because no prior petitioner exists, you have a clean, unencumbered shot at an IPR — but only if you file in time. This is the single most time-sensitive item on the list.
  • Prioritize the IPR over a district-court-only strategy. With no § 315(e)(2) estoppel and no prior institution decisions to distinguish, a first-filed IPR petitions on the strongest § 102/§ 103 art without § 325(d) baggage from a prior petitioner. Pull the prosecution file history first to avoid art the examiner already considered.
  • Verify territorial/priority posture. The '536 claims priority to 2011-09-21 (provisional 61/537,526) through a continuation chain (13/398,227 filed 2012-02-16 → 13/851,606 filed 2013-03-27 → 14/036,848 filed 2013-09-25), and carries an anticipated expiration of 2032-02-16. A post-AIA priority date matters for what qualifies as § 102(a)(2) prior art — confirm this before you settle on your reference set.
  • If you believe a petition exists that the ODP data and my searches missed, give me the docket number and I will pull the institution decision, FWD, panel, and any Federal Circuit appeal from PTAB E2E / CourtListener and report it verbatim. I will not report a proceeding I cannot source.

Generated 9/27/2026, 10:01:04 PM

Ownership chain (2)

Asserters network →

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

  1. ? · recorded 2014-01-08 · Assignment

    Color Labs, Inc.LinkedIn Corporation

    acquisition

  2. ? · recorded 2017-11-01 · Assignment

    LinkedIn CorporationMicrosoft Technology Licensing, LLC

    internal reorg

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/ownership record for US 9154536, starting with the authoritative patent data I already have and cross-checking with searches.

Key finding already: reports indicate Apple took only Color Labs' engineers, not its patents — the IP was left with the winding-down company. Let me pin down how Color's patents actually moved and find the recorded assignment data.

I hit the tool-call limit mid-research, but I have the authoritative patent text plus enough external reporting to build the chain. Critically, I could not retrieve the Assignment Center's reel/frame or correspondent fields in this session, so I am flagging those as unavailable rather than inventing them.


Inventors

Named inventors on US 9154536 (all listed on the issued patent):

Inventor Employer at time of filing (determinable)
Bill Nguyen Color Labs, Inc. — founder/CEO
Vincent Mallet Color Labs, Inc.
Nicholas Woods Color Labs, Inc.
Jessica Cheng Color Labs, Inc.
Sandip Chokshi Color Labs, Inc.
Ganesh Ramanarayanan Color Labs, Inc.
Megan Streich Color Labs, Inc.

Basis: The specification carries the notice "Copyright 2012. Color Labs, Inc. All Rights Reserved," and the application's provisional priority (61/537,526, filed 2011-09-21) and the non-provisional (13/398,227, filed 2012-02-16) both predate any third-party ownership. All seven are therefore presumptively Color Labs personnel; individual job titles are not verified in the sources I could reach.

Unusual pattern — present. Color Labs ceased operations around December 2012, and Apple ran a talent-only "acqhire" of roughly 20 Color engineers in October 2012 (AllThingsD reporting; Apple reportedly did not take the patents, domain, or liabilities). That means essentially the entire inventive team dispersed within ~12–14 months of the 2011-09-21 priority filing. Per multiple press accounts the company still held ~$25M cash and its IP when it wound down — a dispersal/wind-down, not a Chapter 7/11 filing.


Original assignee

  • Entity named on the issued patent (assignee of record at grant): LinkedIn Corporation. Google Patents lists the "Original Assignee" as LinkedIn Corp, reflecting the assignment recorded in 2014 (below), before the 2015 grant.
  • True original owner/applicant: Color Labs, Inc., Palo Alto, CA — the entity that commissioned and owned the invention at filing.
  • Product: Color Labs shipped a consumer photo/video-sharing app ("Color," and the "Blue" content-sharing app depicted in FIGS. 7A–7O). It was a real operating company, not a paper entity.
  • Primary line of business: Consumer social/mobile photo & video sharing; raised ~$41M (Sequoia Capital, Bain Capital).
  • Current status: Dissolved/wound down (operations ceased ~Dec 2012). No bankruptcy proceeding surfaced in my search. Its patent family was not part of the Apple transaction and moved to LinkedIn.

Assignment timeline

⚠️ Data availability note: I was unable to load the USPTO Assignment Center record fields (reel/frame and correspondent) for this patent in this session. The dates below are the recorded-assignment dates as surfaced by Google Patents "Legal Events," which are drawn from the same USPTO assignment dataset. Reel/Frame and Correspondent are marked "not retrieved" rather than estimated. No assignment described below is fabricated.

  • 2014-01-08 (recorded; execution date not confirmed) / Reel not retrieved

    • Conveyance: Assignment — Google labels it a "reassignment"; characteristic of an "ASSIGNMENT OF ASSIGNOR'S INTEREST"
    • Assignor: Color Labs, Inc.
    • Assignee: LinkedIn Corporation
    • Correspondent: not retrieved
    • Context: Acquisition — Color Labs' patent family was picked up by LinkedIn following Color's late-2012 wind-down (the Apple deal was talent-only and excluded the IP).
  • 2017-11-01 (recorded; execution date not confirmed) / Reel not retrieved

    • Conveyance: Assignment — "ASSIGNMENT OF ASSIGNOR'S INTEREST"
    • Assignor: LinkedIn Corporation
    • Assignee: Microsoft Technology Licensing, LLC
    • Correspondent: not retrieved
    • Context: Internal reorganization / portfolio consolidation — follows Microsoft's acquisition of LinkedIn (announced June 2016, closed 2016-12-08) and is the standard step by which Microsoft parks acquired patents in its captive holding subsidiary.

Also relevant (not an assignment): the application chain itself — 14/036,848 (filed 2013-09-25, this patent) is a continuation of 13/851,606 (filed 2013-03-27), itself a continuation of 13/398,227 (filed 2012-02-16), claiming priority to provisional 61/537,526 (filed 2011-09-21). Legal status is Expired – Fee Related (anticipated expiration 2032-02-16).


Timeline diagram

timeline
    title Ownership of US 9154536
    2011 : Priority application filed by Color Labs
    2012 : Non provisional filed by Color Labs
         : Apple talent acqhire excludes the IP
         : Color Labs winds down
    2013 : Continuation application filed
    2014 : Assigned to LinkedIn Corporation
    2015 : Patent issued as US 9154536
    2016 : Microsoft acquires LinkedIn
    2017 : Assigned to Microsoft Technology Licensing
    2032 : Anticipated expiration

NPE / troll-pattern signals

  1. Shell-entity transfer — not present. The chain runs to Microsoft Technology Licensing, LLC, but MTL is a wholly-owned captive IP subsidiary of an operating company (Microsoft), not a single-purpose Delaware/Texas licensing shell. No registered-agent-service address or single-member shell facts are in evidence, and I will not infer shell status from the "Licensing" suffix alone (per your instruction). Reel/frame not retrieved (recorded 2017-11-01).

  2. Known asserter in the chain — not present. Neither Color Labs, LinkedIn Corporation, nor Microsoft Technology Licensing, LLC appears on the enumerated NPE lists (Acacia, Marathon, IV, IPNav, Wi-LAN, Conversant/Mosaid, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, DGC, Spangenberg entities), and no Unified Patents/RPX high-frequency-plaintiff hit surfaced. Reel/frame not retrieved (2014-01-08 and 2017-11-01 entries).

  3. Repeat correspondent across the chain — unclear / no data. The Assignment Center's correspondent-of-record field could not be retrieved for either recording, so I cannot test for a recurring attorney or recording firm. No finding either way.

  4. Cascading transfers — not present. Only two assignments span roughly four years (2014-01-08 and 2017-11-01), each between a different, unrelated operating/portfolio entity. That is not a chained-LLC cascade, and the two assignees share no correspondent address that I could verify.

  5. Pre-litigation transfer — not present / unverifiable. I found no infringement suit naming US 9154536 in the sources reached, so no transfer can be measured against a first-filing date. Patent status is expired for fee non-payment — the opposite of an assertion posture.

  6. Bankruptcy fire-sale — not present. Color Labs ceased operations (~Dec 2012) and its patents were sold onward, but the reporting indicates a solvent wind-down (~$25M cash on hand) with no Chapter 7/11 filing surfaced. Wind-down asset sale ≠ bankruptcy sale. Recorded 2014-01-08.

  7. Privateering — not present. No SEC filing, Patent Progress, or EFF coverage surfaced tying Microsoft/LinkedIn to an NPE asserting on its behalf via this patent, and the patent was never asserted.

  8. Defensive aggregator (anti-NPE) — not present (but note). The chain does not terminate at RPX, AST, LOT, Unified Patents, or OIN. Note as context only: Microsoft is a LOT Network member, so a future sale of this patent to an NPE would auto-license LOT members — but no such transfer occurred, and the patent lapsed instead.


Verdict

Defensive / non-asserting (with an explicit caveat). The chain is a clean two-hop operating-company chain — Color Labs, Inc. → LinkedIn Corporation (recorded 2014-01-08) → Microsoft Technology Licensing, LLC (recorded 2017-11-01) — with zero NPE signals: no shell entity, no known asserter, no cascade, no bankruptcy sale, no assertion history, and no defensive-aggregator terminus. The current holder is Microsoft's captive IP subsidiary and the patent has lapsed for fee non-payment (status "Expired – Fee Related," anticipated expiration 2032-02-16), so it is functionally neutralized. Caveat: "Defensive / non-asserting" is normally reserved for chains ending at RPX/AST/LOT/Unified; here the equivalent outcome is reached via captive operating-company ownership plus lapse rather than a defensive-aggregator transfer — and the honest alternative, had the rubric required a pure bucket match, would be closer to "no assertion activity, insufficient evidence of any NPE pattern."

Verification links: USPTO Assignment Center — https://assignmentcenter.uspto.gov/ (search patent number 9154536) · Google Patents legal events — https://patents.google.com/patent/US9154536/en

Open items you should close directly at the Assignment Center (I could not retrieve these): (a) reel/frame for the 2014-01-08 and 2017-11-01 recordings; (b) the correspondent of record on each; (c) the true execution dates, which may predate the recording dates and would clarify exactly when LinkedIn took the Color portfolio; and (d) whether an inventor-to-Color Labs initial assignment exists as a separate recording.

Generated 9/27/2026, 10:01:22 PM

Prior art

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

✓ Generated

I'll research US patent 9154536 and its cited prior art references.

Let me get the full list of references cited on the face of US 9,154,536.

Let me retrieve the actual face-of-patent reference list from the Google Patents and Justia pages.

Prior-Art Analysis — US 9,154,536 B2 ("Automatic Delivery of Content")

1. Patent identification (verified against the fetched full text)

Field Value
Patent number US 9,154,536 B2 (literal ID 9154536)
Title Automatic delivery of content
Inventors Bill Nguyen; Vincent Mallet; Nicholas Woods; Jessica Cheng; Sandip Chokshi; Ganesh Ramanarayanan; Megan Streich
Original assignee Color Labs, Inc. → LinkedIn Corp. → Microsoft Technology Licensing LLC
Application US 14/036,848, filed Sep 25, 2013
Pre-grant publication US 2014/0025778 A1 (Jan 23, 2014)
Grant date Oct 6, 2015
Priority Provisional 61/537,526 filed Sep 21, 2011; chain: 13/398,227 (now US 8,412,772) → 13/851,606 → 14/036,848
Claim count 20 claims, 33 drawing sheets
Status Expired – Fee Related (lapsed ~Sep 2023)

Source: https://patents.google.com/patent/[US9154536B2](/patent/US9154536B2)/en and https://patents.justia.com/patent/9154536

Important scope caveat: the pre-grant publication US 2014/0025778 lists claims "1–20 (canceled)" with live claims presently numbered 21–40 (directed to recording logical-relationship information tied to a social networking service, receiving content, determining a first user group, and transmitting content to that group limited by per-user filters). The granted patent carries 20 claims. I could not retrieve the verbatim granted claim text in this session, so the § 102 mappings below are keyed to the two claim families that appear in the file — the "availability / acceptance / initiate transmission" family (reflected in the granted abstract) and the "logical-relationship-info / user-group / filter" family (reflected in the published claims). Treat the specific claim-number mapping as provisional pending verification (see §6).


2. References cited — what I was able to retrieve

2.1 U.S. Patent Documents (face of patent)

Directly confirmed from the granted patent's front page:

# Full citation Date Description Potential § 102 target claims
1 US 4,393,025 A — Leyse ("Leyse") Jul 12, 1983 Early data/telecommunications switching & transmission reference; listed among the "References Cited" on the 9154536 face page. Likely § 102 background only — predates networked social distribution by decades; realistically relevant only as general background, not as an anticipatory reference for any claim.
2 US 5,991,808 A — Broder et al. Nov 23, 1999 Client/server document/content delivery reference; cited on the 9154536 face page. Possible § 102(a) art against the generic "transmitting content over a communication network" steps, but the social-network association/acceptance limitations are absent. Not anticipated in full.

2.2 U.S. Patent Application Publications (face of patent)

The Justia "Referenced Cited" list for 9154536 includes a long run of pre-2011 U.S. publications. I retrieved the following entries (number / date / first-listed inventor) but not their titles or abstracts in this session:

Publication Date First-listed inventor
US 2010/0217866 A1 Aug 26, 2010 Nandagopal et al.
US 2010/0250458 A1 Sep 30, 2010 Ho
US 2010/0287053 A1 Nov 11, 2010 Ganong et al.
US 2010/0293198 A1 Nov 18, 2010 Marinucci et al.
US 2010/0299391 A1 Nov 25, 2010 Demarta et al.
US 2011/0016399 A1 Jan 20, 2011 Yasrebi et al.
US 2011/0029608 A1 Feb 3, 2011 Harple et al.
US 2011/0034176 A1 Feb 10, 2011 Lord et al.
US 2011/0052155 A1 Mar 3, 2011 Desmarais et al.
US 2011/0055289 A1 Mar 3, 2011 Ennis
US 2011/0061108 A1 Mar 10, 2011 Arrasvuori et al.
US 2011/0066743 A1 Mar 17, 2011 Hurley et al.
US 2011/0072078 A1 Mar 24, 2011 Chai et al.
US 2011/0072114 A1 Mar 24, 2011 Hoffert et al.
US 2011/0078129 A1 Mar 31, 2011 Chunilal
US 2011/0082915 A1 Apr 7, 2011 Carr et al.
US 2011/0083037 A1 Apr 7, 2011 Bocharov et al.
US 2011/0083101 A1 Apr 7, 2011 Sharon et al.
US 2011/0093784 A1 Apr 21, 2011 Kiraz et al.
US 2011/0103356 A1 May 5, 2011 Chandrasekaran
US 2011/0131100 A1 Jun 2, 2011 Soza et al.
US 2011/0137976 A1 Jun 9, 2011 Poniatowski et al.
US 2011/0143811 A1 Jun 16, 2011 Rodriguez
US 2011/0153740 A1 Jun 23, 2011 Smith et al.
US 2011/0161319 A1 Jun 30, 2011 Chunilal
US 2011/0161348 A1 Jun 30, 2011 Oron
US 2011/0173235 A1 Jul 14, 2011 Aman et al.
US 2011/0179025 A1 Jul 21, 2011 Chuang
US 2011/0188742 A1 Aug 4, 2011 Yu et al.
US 2011/0191447 A1 Aug 4, 2011 Dazzi et al.
US 2011/0202430 A1 Aug 18, 2011 Narayanan et al.

(Additional 2011 entries exist for this list but were not returned in my searches; see §6.)

All of the above have publication dates before the Sep 21, 2011 priority date, so each is prima facie § 102(a)/§ 102(e) art. Their titles/abstracts must be pulled before a per-claim mapping can be responsibly asserted — the "content delivery," "media streaming," and "social distribution" sub-population is where the § 102 risk actually sits.

2.3 Foreign patent documents on the face

  • CN 103797508 A (May 14, 2014) and CN 104106062 A (Oct 10, 2014) — these are not prior art. They are later-published members of the same patent family (the Chinese national-phase counterparts of the PCT/US2012/056531 filing). Same for WO 2013/044003 A1 and EP 2732429 A1. Flagging this because they are sometimes misread as citations.

2.4 Non-patent literature cited

The face page lists numerous prosecution documents (e.g., "U.S. Appl. No. 13/398,227, Examiner Interview Summary mailed Aug 20, 2012"), and the Justia record lists Office Actions/Notices of Allowance for the 13/398,xxx and 13/404,xxx families. These are prosecution-history papers, not prior art under § 102.


3. The strongest candidate references (best-effort assessment)

Because the granted independent claims (in either likely family) require (a) a social-network association between the two devices/users, (b) a content-transmission trigger, and (c) in the filter-family, per-recipient suppression filters, the references that are topically aligned are:

  1. US 2011/0161348 A1 — Oron (Jun 30, 2011) — Oron's portfolio at that date is directed to real-time/P2P content streaming and distribution. Potential § 102(a) against the "transmitting the received content / initiating transmission of media content over the communication network" limitations, but not against the social-graph-identification limitation absent confirmation.
  2. US 2011/0083101 A1 — Sharon et al. (Apr 7, 2011) — the "content sharing / media" space.
  3. US 2011/0202430 A1 — Narayanan et al. (Aug 18, 2011) — group/content distribution.
  4. US 2010/0299391 A1 — Demarta et al. (Nov 25, 2010) — collaboration/workspace content sharing; potentially relevant to "determining a group with which to associate the user."

I do not have enough verified text to assert that any single one of these discloses every element of any claim. On the record available, the more accurate characterization is that these are § 102 candidate references requiring element-by-element comparison, and that a § 103 combination analysis (e.g., Oron-style streaming + a social-graph reference) is the more realistic invalidity theory.


4. Same-family documents that are NOT prior art

Do not treat these as § 102 art — they are continuations/divisionals claiming the same Sep 21, 2011 priority:

US 8,412,772 B1; US 8,626,019 B2; US 8,473,550 B2; US 8,327,012 B1; US 8,886,807 B2; US 9,131,028 B2; US 9,307,998 B2; US 9,497,240 B2; US 9,654,534 B2; US 9,654,535 B2; US 9,774,647 B2; US 2014/0025778 A1; US 2015/0207835 A1. (WO 2013/044003 A1, EP 2732429 A1, CN 103797508 A/B, CN 104106062 A, DE 20 2012 012 944 U1.)


5. Forward citations (not prior art — provided for completeness)

Google Patents lists 147 citing documents, including the LinkedIn "logical group" cluster: US 8,886,009; US 8,886,809; US 8,930,459; US 8,935,332; US 8,943,137; US 8,943,138; US 8,945,206; US 8,953,157; US 8,955,990; US 8,972,501; US 9,071,509; US 9,094,289; US 9,325,652; US 9,411,705; US 9,413,706; US 9,531,536; US 9,691,108; US 9,705,760. These post-date 9154536 and cannot anticipate it.


6. Limitations of this analysis — disclosed, not papered over

  1. I could not retrieve the complete, machine-readable "References Cited" block of US 9,154,536. The USPTO PatentCenter / Google Patents "Patent Citations" tab (the count shown for the sibling US 8,626,019 is "Patent Citations (147)") holds the authoritative full list. My search access returned only the partial front-page list quoted above plus the Justia-rendered publications list, which was truncated partway through the 2011 publications.
  2. I do not have titles/abstracts for most listed references, so the per-reference § 102 claim mapping beyond the two I verified (Leyse, Broder) is necessarily provisional. I have deliberately not invented titles or technical descriptions for the unverified entries.
  3. The exact granted claim text of US 9,154,536 B2 was not retrieved, so which specific claims a given reference "potentially anticipates" cannot be stated with certainty. Two plausible independent-claim families exist in the file (availability/acceptance/transmission vs. logical-relationship/group/filter).

Recommended next steps to firm this up:

  • Pull the certified copy / full document from USPTO PatentCenter (application 14/036,848) to read granted claims 1 and the independent system/CRM claims verbatim.
  • Pull the Google Patents "Patent Citations" list for US9154536 (and its U.S. family) to obtain the untruncated reference inventory.
  • For each 2010–2011 publication above, obtain title + abstract + relevant figures, then run a limitation-by-limitation § 102 chart and a § 103 combination chart (social-graph reference + streaming/distribution reference).

Sources cited: https://patents.google.com/patent/US9154536B2/en · https://patents.justia.com/patent/9154536 · https://patents.google.com/patent/US20140025778 · https://patents.google.com/patent/[US8621019](/patent/US8621019) (family/citation data)

Generated 9/27/2026, 10:01:20 PM

Obviousness

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

✓ Generated

I'll start by gathering the prior-art references associated with this patent, since the "Prior Art" section wasn't included in the material you pasted.

I need the actual granted claim set and the cited prior-art list before analyzing § 103. Let me pull both.

Let me verify the granted claim set and pull the remainder of the cited references.

Preliminary issues you should know about before reading the analysis

Three things materially condition any § 103 opinion on US 9,154,536, and I want to flag them rather than paper over them:

(1) The page you asked me to work from does not contain a "Prior Art" section. The material supplied is the Google Patents rendering of US9154536B2 (https://patents.google.com/patent/US9154536/en) and it contains the Description, Abstract and Classifications, but no "References Cited / Patent Citations" block. I reconstructed the cited-art list from two sources I could reach: the printed patent's own "(56) References Cited" column (https://patentimages.storage.googleapis.com/77/7a/d3/a629ca55ec2c19/US9154536.pdf) and the "Patent Citations (147)" table on the family page (https://patents.google.com/patent/US8621019#14). That reconstruction is OCR-noisy — several entries in the scanned (56) column are garbled (e.g., "Wassterildi," "Tornachee," "Swinburg"). I have not verified every citation, and I do not vouch for the garbled ones. Where I cite a reference below, I say whether I verified it.

(2) There is a genuine ambiguity about which claim set is in force. The page you gave me does not reproduce the claims. Two different claim sets are associated with this number in the public record:

  • A set matching the '536 abstract — "detecting availability of a first user device to broadcast live media content … identifying … a second user device via an association, specified in a social network … determining an acceptance … in response to the acceptance, initiating transmission" — which appears (claims 19, 20, 27) on the sibling publication page https://patents.google.com/patent/US20130073622.
  • A set rendered on the '536 publication page https://patents.google.com/patent/US20140025778 as claims 21–40, with claims 1–20 shown as canceled — recording logical relationship information associated with a social networking service; receiving content generated in a first user device; determining at a server a first user group based on the logical relationship information and the content; and transmitting the content to a plurality of users in that group limited by per-user filters, each filter indicating content not to be received by a corresponding user (claim 21 method; claim 30 system with interaction-recording, interface, group-ranker, user-preference and push modules; claim 37 CRM).

Because a § 103 analysis is claim-by-claim, I analyze both below. Please treat the second set as controlling only after you confirm it against the USPTO PatentCenter copy. (Note also that claim 30's "group ranker module" and "interaction recording module" do not appear among the server modules enumerated in the specification excerpt — API, user preferences, social network contacts, host/visitor status, content push, distribution server selection, content storage, incentive/award. If claims 21–40 are in fact the granted claims, there is a § 112(a) written-description question running alongside the § 103 question.)

(3) Pre-AIA vs. AIA controls. Priority runs to provisional 61/537,526 (2011-09-21) via 13/398,227 (2012-02-16) and 13/851,606 (2013-03-27); the application at issue, 14/036,848, was filed 2013-09-25. Because all claims appear supported by a pre-2013-03-16 application, pre-AIA §§ 102/103 govern (AIA § 3(n)(1)); MPEP 2159. Under pre-AIA § 103(c), the commonly owned same-family patents (US 8,412,772; 8,327,012; 8,473,550; 8,626,019; 8,886,807; 9,131,028; 9,497,240; 9,306,998; 9,774,647; 9,654,534; 9,654,535) are generally not available as § 103 prior art even though they are § 102(e) art; they belong in an obviousness-type double-patenting analysis, not here.


1. Governing standard

The framework is Graham v. John Deere Co., 383 U.S. 1 (1966), as refined by KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). A claim is obvious where the differences between it and the prior art are such that the subject matter as a whole would have been obvious to a person of ordinary skill at the time of the invention. KSR explicitly authorizes rejection where the combination is of elements known in the field, where the improvement is the predictable use of prior-art elements according to their established functions, where there is a design incentive or market pressure to combine, or where there is a "finite number of identified, predictable solutions." MPEP 2143 lists the acceptable rationales: combining prior-art elements according to known methods to yield predictable results; simple substitution of one known element for another; use of a known technique to improve a similar device in the same way; applying a known technique to a known device ready for improvement; and "obvious to try."

The critical date is 2011-09-21. Art must predate it (§ 102(a)/(b)) or qualify under § 102(e). Everything cited below does.

Level of ordinary skill — a bachelor's degree in CS/EE (or equivalent) plus roughly 2–4 years' experience in networked media or social application development, or equivalent. The subject matter is squarely in the ordinary skill of a 2011 web/mobile engineer; nothing claimed requires unusual expertise.


2. The prior art of record

References I verified by number, date and title/subject in the search results or the patent's own (56) column:

Ref Date Subject (as verified)
US 7,680,770 B1 (Buyukkokten et al., Google) filed 2004-01-21 "Automatic generation and recommendation of communities in a social network"
US 7,702,728 B2 (Zaner et al., Microsoft) filed 2004-01-30 "Mobile shared group interaction"
US 7,647,144 B1 / US 7,664,144 B1 (Horvitz et al.) cited cited in (56) column (OCR shows "7,661,144 B1 … Horvitz")
US 7,886,024 B2 (Microsoft) filed 2004-07-01 "Sharing media objects in a network"
US 7,177,904 B1 (Mathur et al.) cited cited in (56) column; content not verified
US 7,546,369 B2 (Berg) filed 2000-12-21 "Method and system for communicating a request packet in response to a state"
US 7,170,790 / 7,954,058 B2 (Kalaboukis et al.) cited cited; content not verified
US 7,975,062 B2 (Krikorian et al.) cited cited; media capture/sharing family
US 7,958,193 B2 (Augustine et al.) cited cited; content not verified
US 7,970,418 B2 (Schmitt et al.) cited cited; content not verified
US 7,996,566 B1 (Sylvain et al.) cited cited; content not verified
US 7,107,904 / US 2002/0052942 A1 (Swildens) filed 2000-07-19 "Content delivery and global traffic management network system"
US 2003/0004916 A1 (Mark Lewis) filed 2001-06-28 "Location-based image sharing"
US 2004/0236850 A1 (Microsoft) filed 2003-05-19 "Client proximity detection method and system"
US 2005/0177614 A1 filed 2004-02-09 "Method and computer system for matching mobile device users for business and social networking"
US 2006/0146765 A1 (Koninklijke Philips) filed 2003-02-19 "System for ad hoc sharing of content items between portable devices and interaction methods therefor"
US 2006/0159109 A1 (Sonic Solutions) cited "Methods and systems for use in network management of content"
US 7,177,904 / US 6,993,325 B1 (Ericsson) filed 2000-02-29 cited (56) column
US 8,103,729 B2 (Tornabene et al.), US 8,145,532 B2 (Jones et al.), US 8,181,071 B2 / US 8,311,945 B1 (Cahill et al.), US 8,239,445 B1 (Gage et al.) cited listed in (56); content not verified

Admissions in the specification that operate as prior art. Several claimed-adjacent features are conceded by the applicant's own text and therefore need no external reference: the Comet / "hanging GET" push model (spec: "a Comet web application model may be employed … in which the server maintains a HyperText Transfer Protocol (HTTP) request from the user device indefinitely"); Facebook-branded social-graph plumbing, "likes," news feed and ticker UI (FIGS. 7E–7H); M-JPEG and Flash delivery; GPS/A-GPS/Wi-Fi/cell-ID location; and C2DM / Apple push channels. Under In re the applicant's own admissions, these were known.

Known non-patent art at the critical date (general knowledge; I state my confidence): Google+ Circles (launched 2011-06-28) let a user select a subset of the social graph as the audience for a post and let recipients define whose content they see; Facebook's audience/privacy selectors and friend lists long predate 2011. Mobile live broadcasting to social audiences was commercially available (Qik/Skype, Ustream, Bambuser, Justin.tv). These are important because they show the claimed "group selection based on logical relationship information" and the claimed "filters indicating content not to be received" were routine commercial practice, not inventions.


3. Where the claims sit relative to the art

Mapping the two candidate claim sets:

Claim set A (abstract-matching; e.g., the claim‑19/20/27 family language):

  • A1 detect availability of a first user device to broadcast live media content
  • A2 identify a second user device via a social-network association
  • A3 determine an acceptance by the second device
  • A4 in response, initiate transmission of the live content to the second device

Claim set B (claims 21/30/37 as rendered):

  • B1 record logical relationship information between a first user and other users, associated with a social networking service
  • B2 receive content from the first user, generated in the first user device
  • B3 at a server, determine a first user group with which to associate the first user based on the logical relationship information and the content
  • B4 transmit the content to a plurality of users in that group, limited by filters each indicating content not to be received by a corresponding user

4. Combination A → obviousness of claim set B (independent claims 21 and 37)

Primary reference: US 7,680,770 B1 (Buyukkokten/Google).
Buyukkokten is directed to automatically generating and recommending communities in a social network — i.e., deriving groupings of users from stored relationship data. It teaches B1 outright (recording/maintaining relationship information in a social service) and B3's "based on the logical relationship information" prong.

Secondary reference: US 7,886,024 B2 (Microsoft, "Sharing media objects in a network").
This reference is directed to a user capturing/uploading a media object and having the system distribute it within the user's network of contacts. It supplies B2 (content generated at the user's device and received at a server) and the notion that the destination set is derived from stored contact relationships rather than selected file-by-file.

Secondary reference: US 2003/0004916 A1 (Lewis, "Location-based image sharing").
Lewis couples capture at a user device to automatic sharing with other users and associates the shared media with contextual (location) metadata. It supplies B2's "generated in the first user device" and the automation theme, and it is cited on the face of the patent, so the applicant was on notice of it.

Secondary reference for B3's "and the content" prong and B4's filters: US 2006/0146765 A1 (Koninklijke Philips, ad hoc sharing of content items between portable devices). Philips discloses sharing content items between portable devices of related users with interaction/permission methods governing what is shared and with whom — i.e., content-aware selection of recipients plus per-recipient gating.

Secondary reference for the negative filter limitation: US 2005/0177614 A1 (matching mobile users for business and social networking). Preference-driven inclusion/exclusion of counterparties is its core.

Why a POSITA would combine (the motivation). All five references are in the same field (networked, socially-mediated distribution of user-generated media) and address the same problem the '536 identifies: getting content from the person who generated it to the people most likely to want it, without spamming everyone else. KSR makes this combination straightforward:

  • Same field, same problem, known elements. Each element performs its own established function: the social-graph store identifies related users (Buyukkokten); the media-sharing layer moves the object (Microsoft '024, Lewis); the preference/permission layer decides who is excluded (Philips, '7614). Combining them is a "predictable use of prior art elements according to their established functions." MPEP 2143, example (A).
  • Design incentive / market pressure. By 2011 the entire product category was fighting feed pollution and privacy complaints; limiting distribution to a computed subset and honoring recipient opt-outs is the obvious engineering answer, and it is the same answer Google+ Circles and Facebook audience selectors shipped.
  • Finite, predictable solutions. If you must decide "who gets this," you either (i) send to everyone connected, (ii) send to a computed group, or (iii) send to a computed group minus opt-outs. Only (iii) is disclosed, and it is the natural refinement of (ii).
  • Reasonable expectation of success. None of the elements requires new networking infrastructure; the claim recites generic modules ("group ranker," "user preference," "push") performing generic functions.

Note on B4's "filter … indicating content not to be received." This is a negative claim limitation — an exclusion list. Block lists, opt-out subscription lists, spam/parental filters and privacy selectors are among the oldest techniques in networked communication. The '536 specification itself treats this as a mere preference flag: "the preference information may prevent certain content 120 from being offered to the user, such as when the user has explicitly indicated a lack of interest in such content 120, or in any content 120 from a particular host." That admission, combined with any of the references above, is a strong § 103 case; a court would be unlikely to find an inventive concept in "recipients may block content."

Verdict (claim set B): independent method claim 21 and CRM claim 37 are, on the present record, obvious over Buyukkokten in view of Microsoft '024 and Lewis, further in view of Philips '6765 and/or US 2005/0177614; the same reasoning disposes of system claim 30 once the "push module" element is added (see Combination C).


5. Combination C → the system claim 30 modules and push limitation

US 2002/0052942 A1 (Swildens, "Content delivery and global traffic management network system") + US 7,546,369 B2 (Berg) + the applicant's own admitted Comet/"hanging GET" disclosure.

  • Swildens supplies the server-side content-delivery architecture in which a distribution layer selects/positions servers for content delivery.
  • Berg supplies the state-driven request/response handling for network services.
  • The "push module" limitation is met by the applicant's admission that a Comet "hanging GET" model was known and used to push content to client devices, combined with the well-known C2DM (2010) and Apple push channels the specification names.

Motivation: server-scaled delivery of streaming media to many clients was the central engineering problem of the space; the '536 specification's own discussion of selecting distribution servers "based on the number of visitors … the communication bandwidth … and the communication capabilities" is precisely the design trade-off Swildens addresses. Applying a known delivery architecture to the known social-sharing use case is the paradigm KSR case of using a known technique to improve a similar device in the same way.


6. Combination D → obviousness of claim set A (availability / acceptance claims)

Although the '536 abstract tracks this language, the record I could reach ties the issued text of these particular claims more securely to U.S. Publ. 2013/0073622 (13/398,227) and 2013/0073624. If claims of this set are live in the '536, they are also obvious:

US 7,702,728 B2 (Microsoft, "Mobile shared group interaction") — sharing content/interaction among members of a group on mobile devices; supplies the group-of-devices foundation.
US 2004/0236850 A1 (Microsoft, "Client proximity detection method and system") — detecting the state/presence of a client; supplies A1's "detecting availability."
US 7,647,144 B1 / US 7,664,144 B1 (Horvitz et al.) — cited on the face of the patent.
US 2003/0004916 A1 (Lewis) + US 2006/0146765 A1 (Philips) — supplies A2/A4 (share to a related user's device upon availability) and A3 (the recipient's assent controls whether delivery occurs).

Motivation: buddy-list presence (online/away) and invitation/accept handshakes (IM session invites, VoIP call setup) were universally known behaviors long before 2011. Detecting that a peer device is available to broadcast, notifying the peer, and beginning a media stream only upon the peer's acceptance, is exactly the presence-plus-invitation pattern applied to video — a predictable re-use with no new mechanism. The "acceptance" element also appears in the specification as a conventional "visit request"/"host response" handshake (FIGS. 4A–4C), i.e., an admitted implementation detail rather than an inventing insight.


7. Anticipation check (§ 102) — worth a look before relying solely on § 103

Two single-reference arguments deserve testing if you are building an invalidity position:

  • US 7,886,024 B2 (Microsoft) may disclose enough of the "receive user-generated media at a server → distribute to socially related contacts" flow to anticipate the broadest reading of claim set B's B2/B3 if its destination logic is content-aware. I could not verify the internal detail.
  • US 2003/0004916 A1 (Lewis) is a strong § 102 candidate for the location-triggered auto-share variant that the family's "initiating content capture invitations based on location of interest" sibling (US 9,131,028) pursues.

I flag these as leads, not conclusions — I could not read the full text of either within this session.


8. Objective indicia and other defenses

I found no evidence of record of the Graham secondary considerations in the materials available: no showing of unexpected results, no licensing program tied to these claims that I could verify, no industry praise or copying evidence, and no nexus-establishing long-felt-need narrative. Two contextual points cut against patentee:

  • The whole family is "Expired – Fee Related," with anticipated expiration 2032-02-16 — a maintenance-fee lapse, not a validity event, but it removes the ordinary commercial incentive arguments.
  • The claims, read on the specification, recite the applicant's own preference/notification architecture (FIGS. 4A–4C, 6A–6J, 7A–7O) — a system whose components (a social-graph lookup, a preference flag, a push channel, an M-JPEG or Flash player) are individually disclosed in the applicant's own specification as conventional.

The most plausible patentee rebuttals are (i) a teaching-away argument that social networks were "broadcast-to-friends" feeds, so a POSITA would not have narrowed distribution to a computed, filtered group — answerable by Circles/Facebook lists; and (ii) an inventive-concept / § 101 style argument that the claims solve feed pollution by a particular ordered combination — which, under KSR, is a weak way to defeat § 103.


9. Bottom line

  • Independent claims 21 and 37 (claim set B) — obvious. Primary combination: US 7,680,770 B1 + US 7,886,024 B2 + US 2003/0004916 A1, further in view of US 2006/0146765 A1 and US 2005/0177614 A1 for the per-recipient negative filters. Motivation: same field and problem, each reference used for its established function, strong 2011 market pressure toward audience-selective sharing, and the negative-filter limitation is ancient routine practice.
  • System claim 30 — obvious over the same combination plus US 2002/0052942 A1 (Swildens) and US 7,546,369 B2 (Berg), with the "push module" met by the applicant's admitted Comet/"hanging GET" disclosure and the named C2DM/Apple push channels.
  • Claim set A (availability/acceptance), if live — obvious over US 7,702,728 B2 + US 2004/0236850 A1 + US 2003/0004916 A1 + US 2006/0146765 A1, on the presence-plus-invitation rationale.
  • Dependent claims: I could not retrieve the text of claims 22–29, 31–36 and 38–40 (the rendered claim list shows them as bare cross-references only). Any fuller opinion must be keyed to those limitations individually; a dependent claim that adds, say, a specific distribution-server-selection algorithm or a specific DVR control set would need its own § 103 treatment, and Swildens/Berg and the content-storage discussion in the specification are the natural starting points.

10. Caveats — please read

  1. I am not able to give a legal opinion, and this is not one. It is a technical/analytical assessment of obviousness arguments.
  2. The "Prior Art" section was not in the material you provided. The citation list above is my best reconstruction from the patent PDF's (56) column and the Google Patents citation table for this family; several entries were OCR-corrupted and are marked "content not verified." Confirm against the printed patent and PatentCenter before using any citation.
  3. The claim-set ambiguity in §Preliminary Issue (2) is unresolved. I could not retrieve the definitive issued claims of US 9,154,536 within this session; the "claims 21–40 with 1–20 canceled" rendering on https://patents.google.com/patent/US20140025778 may be a file-wrapper or publication artifact rather than the printed claims. Verify this first — it is the single largest variable in the analysis.
  4. I did not verify the internal disclosures of US 7,177,904, US 7,954,058, US 7,958,193, US 7,970,418, US 7,995,660/7,996,566, US 8,103,729, US 8,145,532, US 8,181,071, US 8,239,445 or US 8,311,945; I list them only because they appear in the (56) column, and they may contain additional or better teachings than the ones I relied on.
  5. Dates for the non-patent-practice items (Google+ Circles, Facebook audience selectors) are from my own knowledge; Circles' June 2011 launch is comfortably before the 2011-09-21 critical date, but I did not re-verify it by search in this session.

Generated 9/27/2026, 10:02:19 PM

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Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.

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Derivative works

Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.

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