Personal Audio, LLC v. Samsung Electronics Co., Ltd. et al

Filing 1

COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0540-3217134.), filed by Personal Audio, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Goehringer, Charles)

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EXHIBIT 9 Exhibit 9 Personal Audio Exemplary Infringement Contentions for U.S. Patent No. 6,199,076 Motorola Droid 2 Global Claim1 1 1 Exemplary Infringement Support A player for The Motorola Droid 2 Global smart phone has a music player application, making it a player for reproducing selected reproducing selected audio program segments. A song is an example of an audio program segment. audio program segments comprising, in combination: Claims are construed in view of the claim construction orders issued in the Personal Audio LLC v. Apple Inc. action, Civil Action No. 9:09CV111, dated December 21, 2010 (ECF No. 258), January 31, 2011 (ECF No. 292), and May 18, 2011 (ECF No. 358). Motorola Droid 2 Global User Guide at 2. Motorola Droid 2 Global User Guide at 33. 1.a means for storing a plurality of program segments, each of said program segments having a beginning and 82465263.1 The Droid 2 Global has a means for storing a plurality of program segments, each of said program segments having a beginning and an end. This limitation is governed by 35 U.S.C. § 112, para. 6. The Droid 2 Global literally performs the identical function with identical, or at least equivalent, structure. The “storing” structure in the Droid 2 Global is replaceable media, which is a microSD card. A 2 an end, microSD card is sold with the Droid 2 Global and comes in the box. The Droid 2 Global stores audio files on the microSD card. Motorola Droid 2 Global User Guide at 34. 1.b means for receiving and storing a file of data establishing a sequence in which said program segments are scheduled to be reproduced by said player, 82465263.1 The Droid 2 Global has a means for receiving and storing a file of data establishing a sequence in which said program segments are scheduled to be reproduced by the player. This limitation is governed by 35 U.S.C. § 112, para. 6. The Droid 2 Global literally performs the identical function with identical and equivalent structure. The “receiving” structure in the Droid 2 Global is the micro USB port on the side of the device. The structure is equivalent to the construed IR structure. 3 Motorola Droid 2 Global User Guide at 2. 82465263.1 4 Motorola Droid 2 Global User Guide at 51. The “storing” structure in the Droid 2 Global is replaceable media, which is a microSD card. A microSD card is sold with the Droid 2 Global and comes in the box. Motorola Droid 2 Global User Guide at 34. 82465263.1 5 The file of data establishing a sequence in which the program segments are scheduled to be reproduced by the Droid 2 Global is the playlist file. 1.c means for accepting The Droid 2 Global has a means for accepting control commands from a user of said player. This control commands from limitation is governed by 35 U.S.C. § 112, para. 6. The Droid 2 Global literally performs the identical a user of said player, function with equivalent structure. The “accepting” structure on the Droid 2 Global is the touch screen. Motorola Droid 2 Global User Guide at 5. “Quick start: Music Touch and play—instant music. Just open your music library, then select what you want to play.” Motorola Droid 2 Global User Guide at 33. 82465263.1 6 Motorola Droid 2 Global User Guide at 36. 1.d means for continuously reproducing said program segments in the order established by said sequence in the absence of a control command, The Droid 2 Global has a means for continuously reproducing said program segments in the order establish by said sequence in the absence of a control command. This limitation is governed by 35 U.S.C. § 112, para. 6. The Droid 2 Global performs the identical function using equivalent structure. The “continuously reproducing” structure in the Droid 2 Global comprises hardware and software components programmed to continuously reproduce program segments in the absence of a control command. Hardware components are the Droid 2 Global’s general purpose computer circuitry (processor, RAM, power supply, and bus), audio codec, and speaker. 82465263.1 7 “Specifications … • Chipset: MDM6600 • Coprocessor : OMAP (1.3GHz) … • Memory (FLASH/RAM):8GB/512MB • RM/Type/Size: Y, 8GB Micro SD included, up to 32GB … • Speaker Type: Mono” Available at http://developer.verizon.com/jsps/devCenters/DeviceDB/Landing_Pages/Motorola_Droid_2_Global.jsp (accessed Aug. 8, 2011). 82465263.1 8 Motorola Droid 2 Global Smartphone Users Guide at 4. “Specifications … • Speaker Type: Mono” Available at http://developer.verizon.com/jsps/devCenters/DeviceDB/Landing_Pages/Motorola_Droid_2_Global.jsp (accessed Aug. 8, 2011). The Droid 2 Global has an audio codec as show by the Droid 2 Global’s capability to play digitally 82465263.1 9 compressed audio files. “What audio file formats can I play? Your phone can play many types of files: AAC, AMR, MP3, WAV, WMA, AAC+, and MIDI.” Motorola Droid 2 Global User Guide at 34. Once a user has started listening to a playlist on the Droid 2 Global, the device automatically plays the audio file next in the playlist sequence after the previous audio file ends. The Droid 2 Global reproduces the audio file in the order established by the playlist without the need for the user to entering a control command. Once a playlist has been selected, no further control command is required for continuously reproducing said program segments in the order establish by said playlist sequence. The Droid 2 Global can be set to play songs in order and repeat songs. 82465263.1 10 Motorola Droid 2 Global User Guide at 35. 1.e means for detecting a first command indicative of a request to skip forward, and The Droid 2 Global has a means for detecting a first command indicative of a request to skip forward. This limitation is governed by 35 U.S.C. § 112, para. 6. The Droid 2 Global performs the identical function using identical, or at least equivalent, structure. The “detecting” structure in the Droid 2 Global comprises hardware and software components programmed to detect a first command indicative of a request to skip forward. The hardware component is the general purpose computer circuitry, identified in row 1.d above. 82465263.1 11 Once a user presses the “next” key the Droid 2 Global responds to the selected command by discontinuing playback of the current audio file and begins playing the next audio file in the playlist. This operation shows there is software that detects the skip forward command. Motorola Droid 2 Global User Guide at 36. 1.f means responsive to said first command for discontinuing the reproduction of the currently playing program segment and instead continuing the reproduction at the beginning of a program segment which follows said currently playing program in said sequence. 82465263.1 The Droid 2 Global has a means responsive to said first command for discontinuing the reproduction of the currently playing program segment and instead continuing the reproduction at the beginning of a program segment which follows said currently playing program in said sequence. This limitation is governed by 35 U.S.C. § 112, para. 6. The Droid 2 Global performs the identical function using identical, or at least equivalent, structure. The “responsive” structure in the Droid 2 Global comprises hardware and software components programmed to detect a first command indicative of a request to skip forward. The hardware component is the general purpose computer circuitry, identified in row 1.d above. Once a user presses the “next” key the Droid 2 Global discontinues playing the current audio file and skips ahead and begins playing the next audio file in the playlist. 12 Motorola Droid 2 Global User Guide at 36. 2 A player as set forth in claim 1 further comprising 2.a means for detecting a second command indicate of a request to skip backward, and Every claim limitation of claim 1 is present in the Droid 2 Global as described above. The Droid 2 Global has a means for detecting a second command indicative of a request to skip backward. This limitation is governed by 35 U.S.C. § 112, para. 6. The Droid 2 Global performs the identical function using identical, or at least equivalent, structure. The “detecting” structure in the Droid 2 Global comprises hardware and software components programmed to detect a second command indicative of a request to skip backward. The hardware component is the general purpose computer circuitry, identified in row 1.d above. Once a user presses the “previous” key the Droid 2 Global responds to the selected command by discontinuing playback of the current audio file and begins playing the same audio file in the playlist at its beginning. This operation shows there is software that detects the skip backward command. 82465263.1 13 Motorola Droid 2 Global User Guide at 36. 2.b means responsive to a single one of said second commands for discontinuing the reproduction of the currently playing program segment and instead continuing the reproduction at the beginning of said currently playing program. The Droid 2 Global has a means responsive to a single one of said second commands for discontinuing the reproduction of the currently playing program segment and instead continuing the reproduction at the beginning of the currently playing program. This limitation is governed by 35 U.S.C. § 112, para. 6. The Droid 2 Global performs the identical function using identical, or at least equivalent, structure. The “responsive” structure in the Droid 2 Global comprises hardware and software components programmed to detect a first command indicative of a request to skip forward. The hardware component is the general purpose computer circuitry, identified in row 1.d above. Once a user presses the “previous” key the Droid 2 Global discontinues playing the current audio file and begins playing the current audio file from the beginning. Motorola Droid 2 Global User Guide at 36. 3 A player as set forth in claim 2 further comprising Every claim limitation of claim 2 is present in the Droid 2 Global as described above. 3.a means responsive to the The Droid 2 Global has a means responsive to the detection of two consecutive ones of said second detection of two commands for discontinuing the reproduction of the currently playing program segment and instead consecutive ones of said continuing the reproduction at the beginning of a program segment which precedes the currently 82465263.1 14 second commands for discontinuing the reproduction of the currently playing program segment and instead continuing the reproduction at the beginning of a program segment which precedes the currently playing program segment. playing program. This limitation is governed by 35 U.S.C. § 112, para. 6. The Droid 2 Global performs the identical function using identical, or at least equivalent, structure. The “responsive” structure in the Droid 2 Global comprises hardware and software components programmed to detect a first command indicative of a request to skip forward. The hardware component is the general purpose computer circuitry, identified in row 1.d above. Once a user presses the “previous” key twice the Droid 2 Global discontinues playing the current audio file and begins playing the previous audio file in the playlist. Motorola Droid 2 Global User Guide at 36. 4 A player as set forth in claim 3 further comprising 4.a wherein said sequence established by said data forms an endless circular sequence of program segments. 82465263.1 Every claim limitation of claim 1 is present in the Droid 2 Global as described above. In the Droid 2 Global the sequence established by said data forms an endless circular sequence of audio files. Once a user selects Repeat All mode the playlist plays in an endless circular sequence. 15 Motorola Droid 2 Global User Guide at 35-36. 82465263.2 82465263.1 16

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