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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?