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 7

Exhibit 7
Personal Audio Exemplary Infringement Contentions for U.S. Patent No. 6,199,076
RIM BlackBerry Tour 9630
Claim1
1

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

Exemplary Infringement Support
The BlackBerry Tour 9630 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.

BlackBerry Tour 9630 Smartphone Getting Started Guide at 11.

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).

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BlackBerry Tour 9630 Smartphone Getting Start Here at 4.
Play a media file
1. On the Home screen, click the Media icon.
2. Click a media type.
3. If necessary, click a category.
4. Click a media file.
To stop playing a media file, click the stop icon.
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 103.
1.a

means for storing a plurality of
program segments, each of said
program segments having a
beginning and an end,

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

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BlackBerry Java Development Environment - 4.7.0 - Fundamentals Guide at 24.
“About media cards
Depending on your BlackBerry® device model, you can insert a microSD media card into your
device to take videos and extend the memory that is available on your device for storing media
files such as songs, ring tones, videos, or pictures. For more information about inserting a
media card into your device, see the printed documentation that came with your device.”
BlackBerry Tour 9630 Smartphone User Guide v5.01 at 117.

See http://www.amazon.com/BlackBerry-Tour-Phone-Verizon-Wireless/dp/B002GJTS3I.

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The Tour stores audio files on the microSD card.
“Insert a media card
Use a microSD media card to extend the memory available on your BlackBerry® device for
storing media files such as songs, ring tones, videos, or pictures. The media card might be
sold separately from your device.
1. Hold up the release button for the battery cover and lift off the battery cover.
2. Hold the media card so that the metal contacts on the media card face down and
point toward the right side of your device.
3. Slide the media card into the media card slot until it stops.
To remove the media card, slide the media card out of the slot.”
BlackBerry Tour 9630 Smartphone Getting Started Guide at 28-29.

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,

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

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BlackBerry Tour 9630 Smartphone Getting Start Here at 3.
Synchronize your music from your computer to your device using BlackBerry Media Sync
To perform this task, mass storage mode must be turned on.
Using BlackBerry® Media Sync, you can synchronize specific iTunes playlists and Windows
Media® Player playlists to your BlackBerry device or a random selection of your songs that
are not in a playlist.
1. Connect your device to your computer.
2. On your computer, open the BlackBerry® Desktop Manager.
3. Click the Media icon.
4. In the BlackBerry Media Sync section, click the Launch tab.

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5. If necessary, in the drop-down list, select your music application.
6. Perform one of the following actions:
• To synchronize specific playlists, select the check box beside one or more playlists.
• To synchronize a random selection of your songs, select the Fill available space with random
music check box. Available space does not include the reserved space.
• To synchronize specific playlists as well as a random selection of your songs, select the
check box beside one or more playlists. Select the Fill available space with random music
check box. Available space does not include the reserved space.
7. Click Sync Music.
8. Click OK.
9. Disconnect your device from your computer.
To view your playlists on your device, on the Home screen, click the Media icon. Click the
Music icon. Click Playlists. Your songs that are not in a playlist appear in the Random Music
playlist.
For more information about transferring and managing media files, see the online help in
BlackBerry Media Sync.
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 120-121.

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BlackBerry Tour 9630 Smartphone Learn More at 23.
The “storing” structure in the Tour is replaceable media, which is a microSD card. A microSD
card is sold with the Tour and comes in the box.

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BlackBerry Java Development Environment - 4.7.0 - Fundamentals Guide at 24.
“About media cards
Depending on your BlackBerry® device model, you can insert a microSD media card into your
device to take videos and extend the memory that is available on your device for storing media
files such as songs, ring tones, videos, or pictures. For more information about inserting a
media card into your device, see the printed documentation that came with your device.”
BlackBerry Tour 9630 Smartphone User Guide v5.01 at 117.

See http://www.amazon.com/BlackBerry-Tour-Phone-Verizon-Wireless/dp/B002GJTS3I.
“Insert a media card
Use a microSD media card to extend the memory available on your BlackBerry® device for
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storing media files such as songs, ring tones, videos, or pictures. The media card might be
sold separately from your device.
1. Hold up the release button for the battery cover and lift off the battery cover.
2. Hold the media card so that the metal contacts on the media card face down and
point toward the right side of your device.
3. Slide the media card into the media card slot until it stops.
To remove the media card, slide the media card out of the slot.”
BlackBerry Tour 9630 Smartphone Getting Started Guide at 28-29.
The file of data establishing a sequence in which the program segments are scheduled to be
reproduced by the Tour is the playlist file.
“Using BlackBerry® Media Sync, you can synchronize specific iTunes playlists and Windows
Media® Player playlists to your BlackBerry device”
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 120.
“Make your own mix by creating a playlist of the exact songs you want, in the order you want
them. Start by clicking the Add (+) button in the lower-left corner. Give your playlist a name.
Then simply drag songs into it. Rearrange the order of songs in your playlist by dragging and
dropping.”
iTunes Features website http://www.apple.com/itunes/features/ (accessed 8/8/2011).
1.c

means for accepting control
commands from a user of said
player,

The Tour has a means for accepting control commands from a user of said player. This
limitation is governed by 35 U.S.C. § 112, para. 6. The Tour literally performs the identical
function with identical and equivalent structure.
The “accepting” structure on the Tour is the keys implementing control command shortcuts or
the touch screen.

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“Play the next or previous song
When playing a song, click the next or previous icon.”
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 103.
“Media shortcuts
Depending on the typing input language that you are using, some shortcuts might not be
available.
Audio and video files
• To pause an audio or video file, press the Mute key on the top of your BlackBerry® device.
To resume playing an audio or video file, press the Mute key again.
• To play the next song, press and hold the Volume Up key on the right side of your device.
• To play the previous song, press and hold the Volume Down key on the right side of your
device.”
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 20.
1.d

means for continuously
reproducing said program
segments in the order
established by said sequence in
the absence of a control
command,

The Tour 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 Tour performs the identical function using equivalent structure.
The “continuously reproducing” structure in the Tour comprises hardware and software
components programmed to continuously reproduce program segments in the absence of a
control command.
Hardware components are the Tour’s general purpose computer circuitry (processor, RAM,
power supply, and bus), audio codec, and speaker.
“The new device, [BlackBerry Tour,] as many of you might already know, comes with a trimode CDMA EVDO
Rev. A/ quad-band GSM/EDGE/ single-band HSPA radio, while also featuring an HVGA
landscape display and a 3.2-megapixel camera with video recording capabilities, as well as a
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GPS receiver with A-GPS support, Bluetooth connectivity, a Qualcomm chipset with 256 MB
of RAM and 192 MB of ROM, a 528 MHz processor, speakerphone and microSDHC memory
card slot for additional storage space.”
BlackBerry Tour Comes to Verizon on July 12, Officially, Softpedia News, 30 June 2009,
available at http://news.softpedia.com/news/BlackBerry-Tour-Comes-to-Verizon-on-July-12Officially-115480.shtml.

BlackBerry Tour 9630 Smartphone Getting Started Guide at 5-6.
The Tour has an audio codec as show by the Tour’s capability to play digitally compressed
audio files.

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BlackBerry Tour 9630 Smartphone User Guide v5.0 at 120-121.

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BlackBerry® Tour 9630 smartphone Support Simulator available at
http://support.vzw.com/clc/devices/index.html?p=4866 (accessed 8/12/11)
Once a user has started listening to a playlist on the Tour, the device automatically plays the
audio file next in the playlist sequence after the previous audio file ends. The Tour 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 software that performs this function is proprietary to RIM and/or not publically
available.

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BlackBerry Tour 9630 Smartphone User Guide v5.0 at 104.
The Tour can be set to play songs in order and repeat songs.
“Play a media file
1. On the Home screen, click the Media icon.
2. Click a media type.
3. If necessary, click a category.
4. Click a media file.
To stop playing a media file, click the stop icon.”
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 103.
“Repeat songs
You can repeat a single song or all the songs in a category or playlist.
1. When you are playing a song, press the Menu key.
2. Click Repeat.
3. Perform one of the following actions:
• To repeat the song that is currently playing, click Current Song.
• To repeat the playlist that is currently playing, click Playlist.
• To repeat the songs in the Album category or Artist category that you are currently playing,
click Album or Artist.”
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 104.

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1.e

means for detecting a first
command indicative of a
request to skip forward, and

The Tour 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 Tour performs the identical
function using identical, or at least equivalent, structure.
The “detecting” structure in the Tour 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 Tour 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. The
source code is proprietary to RIM and/or not publicly available.
“Play the next or previous song
When playing a song, click the next or previous icon.”
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 103.

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.

The Tour 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 Tour performs the
identical function using identical, or at least equivalent, structure.
The “responsive” structure in the Tour 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

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above.
Once a user presses the “next” key the Tour discontinues playing the current audio file and
skips ahead and begins playing the next audio file in the playlist. The software that performs
this function is proprietary to RIM and/or not publically available.
“Play the next or previous song
When playing a song, click the next or previous icon.”
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 103.
2

A player as set forth in claim 1
further comprising

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

2.a

means for detecting a second
command indicate of a request
to skip backward, and

The Tour 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 Tour performs the
identical function using identical, or at least equivalent, structure.
The “detecting” structure in the Tour 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 Tour 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. The source code is proprietary to RIM and/or not publicly available.

2.b

means responsive to a single
one of said second commands
for discontinuing the

The Tour 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
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reproduction of the currently
playing program segment and
instead continuing the
reproduction at the beginning
of said currently playing
program.

35 U.S.C. § 112, para. 6. The Tour performs the identical function using identical, or at least
equivalent, structure.
The “responsive” structure in the Tour 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 Tour discontinues playing the current audio file and
begins playing the current audio file from the beginning. The software that performs this
function is proprietary to RIM and/or not publically available.

3

A player as set forth in claim 2
further comprising

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

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
precedes the currently playing
program segment.

The Tour 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 Tour
performs the identical function using identical, or at least equivalent, structure.
The “responsive” structure in the Tour 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 Tour discontinues playing the current audio
file and begins playing the previous audio file in the playlist. The software that performs this
function is proprietary to RIM and/or not publically available.

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“Play the next or previous song
When playing a song, click the next or previous icon.”
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 103.
4

A player as set forth in claim 3
further comprising

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

4.a

wherein said sequence
established by said data forms
an endless circular sequence of
program segments.

In the Tour 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.
“Repeat songs
You can repeat a single song or all the songs in a category or playlist.
1. When you are playing a song, press the Menu key.
2. Click Repeat.
3. Perform one of the following actions:
• To repeat the song that is currently playing, click Current Song.
• To repeat the playlist that is currently playing, click Playlist.
• To repeat the songs in the Album category or Artist category that you are currently playing,
click Album or Artist.”
BlackBerry Tour 9630 Smartphone User Guide v5.0 at 104.

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