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 11

Exhibit 11
Personal Audio Exemplary Infringement Contentions for U.S. Patent No. 6,199,076
HTC Droid Incredible 2
Claim1
1

Exemplary Infringement Support

A player for reproducing
selected audio program
segments comprising, in
combination:

The HTC Droid Incredible 2 smart phone has a music player application, making it a player for
reproducing selected audio program segments. A song is an example of an audio program segment.

HTC Droid Incredible 2 User Guide at 13.
1

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).

HTC Droid Incredible 2 User Guide at 236.

HTC Droid Incredible 2 User Guide at 239.
1.a means for storing a
plurality of program
segments, each of said

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The Incredible 2 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 Incredible 2 literally performs the identical function with identical, or at least equivalent,

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program segments having structure.
a beginning and an end,
The “storing” structure in the Incredible 2 is replaceable media, which is a microSD card. A
microSD card is sold with the Incredible 2 and comes in the box.

HTC Droid Incredible 2 User Guide at 12.

HTC Droid Incredible 2 User Guide at 30.

HTC Droid Incredible 2 User Guide at 118.
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,

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The Incredible 2 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 Incredible 2 literally performs the identical function with
identical and equivalent structure.
The “receiving” structure in the Incredible 2 is the micro USB port on the side of the device. The
structure is equivalent to the construed IR structure.

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HTC Droid Incredible 2 User Guide at 14.

HTC Droid Incredible 2 User Guide at 118

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HTC Droid Incredible 2 User Guide at 120
The “storing” structure in the Incredible 2 is replaceable media, which is a microSD card. A
microSD card is sold with the Incredible 2 and comes in the box.

HTC Droid Incredible 2 User Guide at 12.

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HTC Droid Incredible 2 User Guide at 30.

HTC Droid Incredible 2 User Guide at 118.
The file of data establishing a sequence in which the program segments are scheduled to be
reproduced by the Incredible 2 is the playlist file.

1.c means for accepting
The Incredible 2 has a means for accepting control commands from a user of said player. This
control commands from a limitation is governed by 35 U.S.C. § 112, para. 6. The Incredible 2 literally performs the identical
user of said player,
function with equivalent structure.
The “accepting” structure on the Incredible 2 is the touch screen.

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HTC Droid Incredible 2 User Guide at 13.
1.d means for continuously
reproducing said program
segments in the order
established by said
sequence in the absence
of a control command,

The Incredible 2 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 Incredible 2 performs the identical function using equivalent structure.
The “continuously reproducing” structure in the Incredible 2 comprises hardware and software
components programmed to continuously reproduce program segments in the absence of a control
command.
Hardware components are the Incredible 2’s general purpose computer circuitry (processor, RAM,
power supply, and bus), audio codec, and speaker.

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HTC Droid Incredible 2 Technical Specifications available at
http://www.htc.com/us/products/incredible2-verizon?view=1-2&sort=0#tech-specs (accessed
9/1/2011)

HTC Droid Incredible 2 Technical Specifications available at
http://www.htc.com/us/products/incredible2-verizon?view=1-2&sort=0#tech-specs (accessed
9/1/2011)

HTC Droid Incredible 2 User Guide at 12.
The Incredible 2 has an audio codec as show by the Incredible 2’s capability to play digitally
compressed audio files.

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HTC Droid Incredible 2 User Guide at 120.

HTC Droid Incredible 2 User Guide at 14.
Once a user has started listening to a playlist on the Incredible 2, the device automatically plays the
audio file next in the playlist sequence after the previous audio file ends. The Incredible 2
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 Incredible 2 can be set to play songs in order and repeat songs.

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HTC Droid Incredible 2 User Guide at 239.

HTC Droid Incredible 2 User Guide at 236-237.
1.e means for detecting a
first command indicative
of a request to skip

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The Incredible 2 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 Incredible 2 performs the identical
function using identical, or at least equivalent, structure.

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forward, and
The “detecting” structure in the Incredible 2 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 Incredible 2 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.

HTC Droid Incredible 2 User Guide at 236-237.
1.f means responsive to said
first command for
discontinuing the
reproduction of the
currently playing

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The Incredible 2 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 Incredible 2 performs the identical function using
identical, or at least equivalent, structure.

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program segment and
instead continuing the
reproduction at the
beginning of a program
segment which follows
said currently playing
program in said
sequence.

The “responsive” structure in the Incredible 2 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 Incredible 2 discontinues playing the current audio file and
skips ahead and begins playing the next audio file in the playlist.

HTC Droid Incredible 2 User Guide at 236-237.
2

A player as set forth in
claim 1 further
comprising

Every claim limitation of claim 1 is present in the Incredible 2 as described above.

2.a means for detecting a
The Incredible 2 has a means for detecting a second command indicative of a request to skip
second command indicate backward. This limitation is governed by 35 U.S.C. § 112, para. 6. The Incredible 2 performs the

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of a request to skip
backward, and

identical function using identical, or at least equivalent, structure.
The “detecting” structure in the Incredible 2 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 Incredible 2 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.

HTC Droid Incredible 2 User Guide at 236
2.b means responsive to a
single one of said second
commands for
discontinuing the
reproduction of the
currently playing
program segment and

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The Incredible 2 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 Incredible 2 performs the identical function using identical, or at least equivalent,
structure.
The “responsive” structure in the Incredible 2 comprises hardware and software components

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instead continuing the
reproduction at the
beginning of said
currently playing
program.

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 Incredible 2 discontinues playing the current audio file
and begins playing the current audio file from the beginning.

HTC Droid Incredible 2 User Guide at 236.
3

A player as set forth in
claim 2 further
comprising

3.a means responsive to the
detection of two
consecutive ones of said
second commands for
discontinuing the
reproduction of the
currently playing

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Every claim limitation of claim 2 is present in the Incredible 2 as described above.

The Incredible 2 has a means responsive to the detection of two consecutive ones of said 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. This limitation is governed by 35 U.S.C. § 112, para. 6. The Incredible 2 performs
the identical function using identical, or at least equivalent, structure.
The “responsive” structure in the Incredible 2 comprises hardware and software components

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program segment and
instead continuing the
reproduction at the
beginning of a program
segment which precedes
the currently playing
program segment.

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 Incredible 2 discontinues playing the current audio
file and begins playing the previous audio file in the playlist.

HTC Droid Incredible 2 User Guide at 236-237.
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.

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Every claim limitation of claim 1 is present in the Incredible 2 as described above.

In the Incredible 2 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.

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HTC Droid Incredible 2 User Guide at 236-237.

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