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 5

Exhibit 5
Personal Audio Exemplary Infringement Contentions for U.S. Patent No. 6,199,076
Samsung Continuum
Claim1
1

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

Exemplary Infringement Support
The Samsung Continuum 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.

Samsung Continuum Smartphone User Manual at 16.

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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).

.
Samsung Continuum Smartphone User Manual at 82
1.a means for storing a plurality
of program segments, each
of said program segments
having a beginning and an
end,

The Continuum 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 Continuum literally performs the identical function with identical, or at least equivalent,
structure.
The “storing” structure in the Continuum is replaceable media, which is a microSD card. A
microSD card is sold with the Continuum and comes in the box.

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Samsung Continuum Smartphone User Manual at 101
The Continuum stores audio files on the microSD card.

Samsung Continuum Smartphone User Manual at 82
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 Continuum 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 Continuum literally performs the identical function with
identical and equivalent structure.
The “receiving” structure in the Continuum is the micro USB port on the side of the device. The
structure is equivalent to the construed IR structure.

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Samsung Continuum Smartphone User Manual at 102

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Samsung Continuum Smartphone User Manual at 17.
The “storing” structure in the Continuum is replaceable media, which is a microSD card. A
microSD card is sold with the Continuum and comes in the box.

Samsung Continuum Smartphone User Manual at 101

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The file of data establishing a sequence in which the program segments are scheduled to be
reproduced by the Continuum is the playlist file.
1.c means for accepting control The Continuum has a means for accepting control commands from a user of said player. This
commands from a user of
limitation is governed by 35 U.S.C. § 112, para. 6. The Continuum literally performs the identical
said player,
function with equivalent structure.
The “accepting” structure on the Continuum is the touch screen.

Samsung Continuum Smartphone User Manual at 15

Samsung Continuum Smartphone User Manual at 82
1.d means for continuously
reproducing said program
segments in the order
established by said
sequence in the absence of a
control command,

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The Continuum 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 Continuum performs the identical function using equivalent structure.
The “continuously reproducing” structure in the Continuum comprises hardware and software
components programmed to continuously reproduce program segments in the absence of a control

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command.
Hardware components are the Continuum’s general purpose computer circuitry (processor, RAM,
power supply, and bus), audio codec, and speaker.

Samsung Continuum product specification, available at www.verizonwireless.com

Samsung Continuum User Manual at 11.

Samsung Continuum User Manual at 6.

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Samsung Continuum User Manual at 7.
The Continuum has an audio codec as show by the Continuum’s capability to play digitally
compressed audio files.

Samsung Continuum User Manual at 15.

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Samsung Continuum User Manual at 18.

Once a user has started listening to a playlist on the Continuum, the device automatically plays the
audio file next in the playlist sequence after the previous audio file ends. The Continuum
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 Continuum can be set to play songs in order and repeat songs

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Samsung Continuum Smartphone User Manual at 82
1.e means for detecting a first
The Continuum has a means for detecting a first command indicative of a request to skip forward.
command indicative of a
This limitation is governed by 35 U.S.C. § 112, para. 6. The Continuum performs the identical
request to skip forward, and function using identical, or at least equivalent, structure.
The “detecting” structure in the Continuum 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 Continuum 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.

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Samsung Continuum Smartphone User Manual at 82
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.

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The Continuum 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 Continuum performs the identical function using
identical, or at least equivalent, structure.
The “responsive” structure in the Continuum 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 Continuum discontinues playing the current audio file and
skips ahead and begins playing the next audio file in the playlist.

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Samsung Continuum Smartphone User Manual at 82
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 Continuum as described above.
The Continuum 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 Continuum performs the
identical function using identical, or at least equivalent, structure.
The “detecting” structure in the Continuum 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 Continuum 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.

Samsung Continuum Smartphone User Manual at 82
2.b means responsive to a
single one of said second
commands for
discontinuing the
reproduction of the

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

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currently playing program
segment and instead
The “responsive” structure in the Continuum comprises hardware and software components
continuing the reproduction programmed to detect a first command indicative of a request to skip forward.
at the beginning of said
currently playing program. The hardware component is the general purpose computer circuitry, identified in row 1.d above.
Once a user presses the “previous” key the Continuum discontinues playing the current audio file
and begins playing the current audio file from the beginning.

Samsung Continuum Smartphone User Manual at 82
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 program
segment and instead
continuing the reproduction
at the beginning of a
program segment which

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Every claim limitation of claim 2 is present in the Continuum as described above.
The Continuum 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 Continuum performs
the identical function using identical, or at least equivalent, structure.
The “responsive” structure in the Continuum 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.

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precedes the currently
playing program segment.

Once a user presses the “previous” key twice the Continuum discontinues playing the current audio
file and begins playing the previous audio file in the playlist.

Samsung Continuum Smartphone User Manual at 82
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.

Every claim limitation of claim 1 is present in the Continuum as described above.
In the Continuum 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.

Samsung Continuum Smartphone User Manual at 82

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