IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
` Civil Action No. 2:13-CV-379-JRG
`
`
`
`BLACK HILLS MEDIA, LLC
`
` Plaintiff,
`
` v.
`
`
`
`SAMSUNG ELECTRONICS CO. LTD.,
`
`JURY TRIAL DEMANDED
`
`SAMSUNG ELECTRONICS AMERICA, INC.
`
`
`
`
`
`
`
`and
`
`SAMSUNG TELECOMMUNICATIONS
`
`AMERICA, LLC
`
` Defendants.
`
`
`
`BLACK HILLS MEDIA, LLC'S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AND DOCUMENT PRODUCTION
`ACCOMPANYING DISCLOSURE UNDER L.R. 3-1 AND 3-2
`
`Pursuant to Patent Local Rules P.R. 3-1 and 3-2 of the United States District Court for the
`
`Eastern District of Texas, Plaintiff Black Hills Media ("BHM" herein) submits its Disclosure of
`
`Asserted Claims and Preliminary Infringement Contentions and it accompanying Document
`
`Production. The contentions are based on information reasonably available to BHM at this time.
`
`I.
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT
`
`CONTENTIONS (L.R. 3-1)
`
`BHM Asserts infringement as follows.
`
`A.
`
`Identification of Each Claim Infringed (L.R. 3-1(a))
`
`BHM identifies the claims of each patent infringed, along with an identification of each
`
`Accused Instrumentality, on per claim basis. The Infringed patents are 8,028,323 ('323 Patent);
`
`8,214,873 ('873 Patent); 8,230,099 ('099 Patent); 8,045,952 ('952 Patent); 8,050,652 ('652
`
`Patent); 7,835,689 ('689 Patent); 7,917,082 ('082 Patent); 6,618,593 ('593 Patent); 6,108,686
`
`BHM 2004
`
`1
`
`

`
`('686 Patent). The accused infringer(s) are defendants Samsung Electronics Co., Ltd., Samsung
`
`Electronics America, Inc., and Samsung Telecommunications, America, LLC (collectively
`
`"Samsung" herein). It is believed that all parties are related Samsung entities and thus the
`
`allegations herein apply equally to all such entities.
`
`The claims alleged to be infringed are identified in the claim charts attached hereto as
`
`Exhibits 1-9.
`
`
`
`BHM expressly notes that the Patent Local Rules of this Court do not require it to
`
`identify separately for each asserted claim whether Defendant(s) directly infringes under 35
`
`U.S.C. § 271(a) and/or indirectly infringes under 35 U.S.C. §§ 271(b) and/or (c) and BHM
`
`preserves its right to allege all direct and indirect theories of infringement.
`
`BHM also reserves the right to amend its preliminary infringement contentions pursuant
`
`to the Patent Local Rules.
`
`B.
`
`Statement of Accused Apparatus, Product or Method (Accused
`
`Instrumentality) (L.R. 3-1(b))
`
`The claim charts attached hereto as Exhibits 1-9 provides an identification of each
`
`accused product, method and Accused Instrumentality.
`
`
`
`
`
`2
`
`2
`
`

`
`C.
`
`Claim Charts (L.R. 3-1(c))
`
`Attached are the following exhibits, which state where each element of each claim is
`
`found in the Accused Instrumentalities.
`
`
`
`
`
`Exhibit
`
`Substance
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`'323 Patent Claim Chart
`
`'873 Patent Claim Chart
`
`'099 Patent Claim Chart
`
`'952 Patent Claim Chart
`
`'652 Patent Claim Chart
`
`'689 Patent Claim Chart
`
`'082 Patent Claim Chart
`
`'593 Patent Claim Chart
`
`'686 Patent Claim Chart
`
`The '323, '873, '099, '952, '652 and '593 patents are being asserted against defendants in a
`
`copending ITC investigation, and claim charts from that investigation are attached. While the
`
`ITC claim charts refer to importation, BHM does not limit its claims to importation in the present
`
`case and seeks the full range of infringement defined by 35 U.S.C. § 271.
`
`While each accused product is not charted separately, the claim charts of Exhibits 1-9 are
`
`believed to be representative of (and applicable to) all accused products.
`
`
`
`
`
`3
`
`3
`
`

`
`D.
`
`Literal Infringement Or Infringement Under The Doctrine Of
`
`Equivalents (L.R. 3.1.d)
`
`BHM contends that all of the above listed claims are at least literally infringed by each of
`
`the accused products. As demonstrated herein, the accused devices literally infringe each of the
`
`asserted claims. However, to the extent any limitation is not literally met, it is met under the
`
`doctrine of equivalents. BHM contends that a person of ordinary skill in the art, at the time of
`
`infringement, would have considered any difference between any specific claim limitation and
`
`the corresponding element or feature in the accused system, to the extent such limitation is not
`
`literally infringed, to be insubstantial or that the alternate implementation(s) employed (1)
`
`perform substantially the same function and (2) work in substantially the same way (3) to
`
`achieve substantially the same result as the requirement of the claim limitation at issue. Samsung
`
`directly infringes, contributorily infringes, and/or induces infringement of each of the asserted
`
`claim through at least the identified products or devices. For example, Samsung directly
`
`infringes by making, using, offering for sale, and selling the Samsung Devices in the U.S. and
`
`Samsung directly infringes the method claims by testing the identified products in the U.S..
`
`
`E.
`
`Priority Dates Of The Asserted Patents Based on Earlier Applications (L.R. 3-1(e))
`
`Certain asserted patents claim priority to earlier filed applications, and for such patents,
`
`BHM contends that the claims are supported by the earlier filed applications. The dates of such
`
`applications are set forth below in compliance with L.R. 3-1(e).
`
`
`
`Patent
`
`Priority Date of Earliest Filed
`Application
`
`'323 Patent
`
`No earlier applications
`
`'873 Patent
`
`'099 Patent
`
`'952 Patent
`
`May 5, 2004
`
`May 5, 2004
`
`November 8, 2000
`
`
`
`4
`
`4
`
`

`
`Patent
`
`'652 Patent
`
`'689 Patent
`
`'082 Patent
`
`Priority Date of Earliest Filed
`Application
`
`November 8, 2000
`
`May 6, 2002
`
`May 6, 2002
`
`'593 Patent
`
`No earlier applications
`
`'686 Patent
`
`No earlier applications
`
`BHM notes that the local rules do not require an identification of conception and
`
`reduction to practice dates that predate patent filings, and reserves the right to allege earlier dates
`
`of conception and reduction to practice than the dates identified above.
`
`
`
`F.
`
`BHM Products That Practice The Asserted Claims (L.R. 3-1(f))
`
`BHM does not contend that any of its own products practice any of the claims of the
`
`asserted patents.
`
`II.
`
`DOCUMENT PRODUCTION ACCOMPANYING
`
`DISCLOSURE (L.R. 3-2)
`
`Patent L.R. 3-2 requires that BHM accompany its Disclosure of Asserted Claims and
`
`Preliminary Infringement Contentions under Patent L.R. 3-1 with documents in its possession,
`
`custody and control which relate to the following three categories:
`
`
`
`a.
`
`Documents (e.g., contracts, purchase orders, invoices, advertisements,
`
`marketing materials, offer letters, beta site testing agreements, and
`
`third party or joint development agreements) sufficient to evidence
`
`each discussion with, disclosure to, or other manner of providing to a
`
`third party, or sale of or offer to sell, the claimed invention prior to the
`
`date of application for the patent in suit.
`
`
`
`5
`
`5
`
`

`
`
`
`b.
`
`
`
`c.
`
`
`
`All documents evidencing the conception, reduction to practice,
`
`design, and development of each claimed invention, which were
`
`created on or before the date of application for the patent in suit or the
`
`priority date identified pursuant to P. R. 3-1(e), whichever is earlier.
`
`A copy of the file history for each patent in suit.
`
`BHM accordingly provides herewith BHM production corresponding to document
`
`category 3-2(c), namely a copy of the file history of each Asserted Patent.
`
`Documents collected by BHM corresponding to categories 3-2(a) and 3-2(b) above are
`
`confidential and/or highly confidential and cannot be produced until an appropriate Protective
`
`Order has been agreed to between the parties and entered by the Court. On August 21, 2013
`
`BHM proposed to defendants that this Court's model protective order be used and proposed that
`
`the parties agree that the documents from the co-pending ITC investigation (some of which fall
`
`within category 3-2(b)), can be cross designated in this action. In addition, Defendants have
`
`agreed to a two week extension for production of documents other than those falling within L.R.
`
`3-2(c), thus only 3-2(c) documents are produced at this time.
`
`
`
`Respectfully submitted,
`
`
`
`
`/s/ Claire A. Henry
`Claire Abernathy Henry
`State Bar No. 24053063
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`J. Wesley Hill
`Texas State Bar No. 24032294
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`1127 Judson Road, Ste. 220
`Longview, Texas 75606-1231
`(903) 757-6400
`(903) 757-2323 (fax)
`
`
`
`6
`
`6
`
`

`
`claire@wsfirm.com
`jw@wsfirm.com
`wh@wsfirm.com
`
`H. Joseph Hameline
`MINTZ, LEVIN, COHN, FERRIS,
` GLOVSKY AND POPEO, P.C.
`One Financial Center
`Boston, MA 02111
`Tel: 617-542-6000
`Fax: 617-542-2241
`JHameline@mintz.com
`
`Howard Wisnia
`James Conley
`John Giust
`Arun Goel
`MINTZ, LEVIN, COHN, FERRIS,
` GLOVSKY AND POPEO, P.C.
`3580 Carmel Mountain Road, Suite 300
`San Diego, CA 92130
`Tel: 858-314-1500
`Fax: 858-314-1501
`Hwisnia@mintz.com
`JConley@mintz.com
`JGiust@mintz.com
`agoel@mintz.com
`
`Peter Snell
`MINTZ, LEVIN, COHN, FERRIS,
` GLOVSKY AND POPEO, P.C.
`Chrysler Center
`666 Third Avenue
`New York, NY 10017
`Tel: 212.935.3000
`Fax: 212.983.3115
`PSnell@mintz.com
`
`ATTORNEYS FOR PLAINTIFF
`BLACK HILLS MEDIA, LLC
`
`
`
`7
`
`7
`
`

`
`U.S. Patent No. 6,108,686
`
`AGENT-BASED ON-LINE INFORMATION RETRIEVAL AND VIEWING SYSTEM
`
`Samsung Phones and Tablets
`
`EXHIBIT 9 PAGE 1
`
`8
`
`

`
`6,108,686 – Samsung Devices – Claim 1
`“A device for providing a plurality of local users with information stored remotely on a network, the device comprising:”
`
`6,108,686 Claim Language
`1. A device for providing a
`plurality of local users with
`information stored remotely on
`a network, the device
`comprising:
`
`Samsung Devices
`Samsung provides Tablets and Phones including, for example, the Samsung Galaxy S III phone,
`with applications such as Pandora, Spotify, Rhapsody, Samsung Music Hub, Samsung Music+,
`Google Play Music, iHeartRadio, and/or other similar media sharing applications (“Samsung
`Devices”).1,2 The Samsung Devices provide a plurality of local users with information stored
`remotely on a network including, for example, personalized radio, music playlists, and/or
`related content.
`
`For example, Samsung suggests using the Pandora and Spotify applications with its devices, for
`example, in the articles below (found at http://www.samsung.com/us/article/7-ways-to-
`personalize-holiday-gifts and http://www.samsung.com/us/article/5-apps-to-help-you-through-
`the-holidays).
`
`1 The Samsung Galaxy S III phone charted herein is representative of the Samsung Devices. Additional Samsung Devices are listed, without limitation, at the
`end of this chart.
`2 As demonstrated herein, the accused devices literally infringe each of the asserted claims. However, to the extent any limitation is not literally met, it is met
`under the doctrine of equivalents. BHM contends that a person of ordinary skill in the art, at the time the accused devices were imported into the United States,
`sold for importation into the United States, or sold in the United States after importation, would have considered any difference between any specific claim
`limitation and the corresponding element or feature in the accused system, to the extent such limitation is not literally infringed, to be insubstantial or that the
`alternate implementation(s) employed (1) perform substantially the same function and (2) work in substantially the same way (3) to achieve substantially the
`same result as the requirement of the claim limitation at issue. Samsung directly infringes, contributorily infringes, and/or induces infringement of each of the
`asserted claim through at least the identified media sharing applications. For example, Samsung directly infringes by making, using, offering for sale, and selling
`the Samsung Devices in the U.S. Samsung directly infringes the method claims by testing the media sharing applications on the Samsung Devices in the U.S.
`
`Samsung
`Page 2
`
`EXHIBIT 9 PAGE 2
`
`9
`
`

`
`6,108,686 – Samsung Devices – Claim 1
`“A device for providing a plurality of local users with information stored remotely on a network, the device comprising:”
`
`Samsung
`Page 3
`
`EXHIBIT 9 PAGE 3
`
`10
`
`

`
`6,108,686 – Samsung Devices – Claim 1
`“A device for providing a plurality of local users with information stored remotely on a network, the device comprising:”
`
`During use of the Samsung Devices with, for example, Pandora installed, local users are
`provided with information stored remotely on a network.
`
`For example, the devices running the Pandora application receive information stored remotely
`on Pandora’s Playlist Server as detailed below.
`
`The Pandora Tuner (the music player) authenticates with the Playlist Server, passing along
`listener credentials. …
`
`The Station List for that particular listener is returned to the Tuner and rendered on the
`screen by the Tuner. …
`
`The listener selects a particular station for playback. …
`
`The Tuner makes a request to the Playlist Server for a sequence of songs to play. …
`
`The Tuner receives a list of playlist fragment descriptors and begins sending audio requests
`based on the information received from the Playlist Server. …
`
`The Tuner stitches those audio resources together into a stream of music. …
`
`Samsung
`Page 4
`
`EXHIBIT 9 PAGE 4
`
`11
`
`

`
`6,108,686 – Samsung Devices – Claim 1
`“A device for providing a plurality of local users with information stored remotely on a network, the device comprising:”
`
`The Tuner plays the first song.
`
`(SOURCE: August 2006 interview with Tom Conrad, then CTO of Pandora Media
`http://oreilly.com/digitalmedia/2006/08/17/inside-pandora-web-radio.html (as of 3/8/2013))
`
`The popular personalized radio you listen to online is now available as an app on your
`Samsung Smart TV, Blu-Ray Player or Home Theater System. Enjoy an endless playlist
`custom-made for you, for any type of mood or occasion, from a collection that includes
`hundreds of thousands of recordings. …
`
`The Pandora app can be your personal DJ—just pick a favorite party tune and Pandora will
`create a playlist. At the touch of a button, get moving to a mix of motivating workout music,
`or unwind with a soothing soundscape for restorative yoga and meditation. With the
`Pandora app, you'll hear your favorite music and discover all new songs and artists to love.
`
`(SOURCE: http://www.samsung.com/us/article/know-your-apps-pandora (as of 3/8/2013))
`
`The source code for the Pandora Internet radio client running on the Samsung Devices is not
`publicly available. However, there is an open source Pandora client called Piano Bar. A review
`of the source code for Piano Bar confirms that the Pandora client enables the following
`sequence of steps:
`
`• User selects a station from a list presented (or creates a new one).
`
`• Client sends station ID to Pandora server.
`
`• Client receives a playlist of songs from the server.
`
`• Client iterates through the playlist, fetching the music data for each
`song using the audio URL, and playing it.
`
`• When playlist is empty, client requests further songs from the server.
`
`Samsung
`Page 5
`
`EXHIBIT 9 PAGE 5
`
`12
`
`

`
`6,108,686 – Samsung Devices – Claim 1
`“A device for providing a plurality of local users with information stored remotely on a network, the device comprising:”
`
`(SOURCE: Piano Bar source code, available at https://github.com/PromyLOPh/pianobar (as of
`9/15/2011).
`
`In addition, the Samsung Devices receive songs from the Pandora server that are not already
`stored on the devices through streaming.
`Pandora delivers a 128-Kbps stream of music, and it only works with a
`broadband connection. It derives its music license from the DMCA (Digital
`Millennium Copyright Act of 1998) guidelines for streaming Internet radio,
`and the digital rights management (DRM) scheme it employs is notable in
`a few ways. First, Pandora will never play a specific song on demand; if
`you add a song to a station, it will show up eventually, but Pandora can
`only work it in at random. Also, you can only skip 10 songs in an hour –
`this is so you can't just skip to the song you're looking for. The license also
`limits the number of times Pandora can play a particular song or artist in a
`particular time period, and to this effect Pandora stores a list of the songs
`played on your station in your computer's Flash local storage so it knows
`what it has played already.
`(SOURCE: http://computer.howstuffworks.com/internet/basics/pandora2.htm (as of 3/8/2013)).
`
`(SOURCE: http://www.serviceguidance.com/www-Pandora-comSamsung-Set-Up-Pandora-On-
`Your-Samsung-Device/ as of 3/8/2013).
`
`Samsung
`Page 6
`
`EXHIBIT 9 PAGE 6
`
`13
`
`

`
`6,108,686 – Samsung Devices – Claim 1
`“A device for providing a plurality of local users with information stored remotely on a network, the device comprising:”
`
`With respect to the other media sharing applications installed on the Samsung Devices such as
`Spotify, Rhapsody, Samsung Music Hub, Samsung Music+, Google Play Music, iHeartRadio
`and/or other similar applications, the Samsung Devices in conjunction with these applications
`also meet all the limitations of this claim. Upon information and belief, these applications
`include media sharing functionality similar to the Pandora personalized radio functionality
`identified in connection with this claim.
`
`As an example, the Samsung Galaxy S III phone includes the Spotify app:
`
`The Samsung Galaxy S III phone also includes the following apps: Samsung Music Hub,
`
`Samsung
`Page 7
`
`EXHIBIT 9 PAGE 7
`
`14
`
`

`
`6,108,686 – Samsung Devices – Claim 1
`“A device for providing a plurality of local users with information stored remotely on a network, the device comprising:”
`
`Google Play Music, Rhapsody, and iHeartRadio:
`
`The Samsung Devices with these applications installed provide personalized radio, music
`playlists, and/or related content.
`(SOURCES: Samsung Music Hub: http://www.samsung.com/us/musichub/ (accessed 8/14/13);
`
`Samsung
`Page 8
`
`EXHIBIT 9 PAGE 8
`
`15
`
`

`
`6,108,686 – Samsung Devices – Claim 1
`“A device for providing a plurality of local users with information stored remotely on a network, the device comprising:”
`
`Spotify: https://www.spotify.com/us/ (accessed 8/14/13);
`Google Play Music: https://play.google.com/about/music/ (accessed 8/14/13);
`Rhapsody: http://www.rhapsody.com/start (accessed 8/14/13);
`iHeartRadio: http://www.iheart.com/ (accessed 8/14/13)).
`
`Samsung
`Page 9
`
`EXHIBIT 9 PAGE 9
`
`16
`
`

`
`6,108,686 – Samsung Devices – Claim 1
`“a rule generation unit configured to define, for each of the plurality of local users, a set of search rules applicable to a predefined subject; and”
`
`a rule generation unit configured
`to define, for each of the plurality
`of local users, a set of search rules
`applicable to a predefined subject;
`and
`
`The Samsung Devices with the above-identified media sharing applications installed
`include a rule generation unit configured to define, for each of the plurality of local users,
`a set of search rules applicable to a predefined subject.
`
`For example, Samsung specifies that users of the Samsung Devices can enter a set of
`search rules to create Internet radio stations that are customized to the users’ preferences.
`
`For those of you who don’t know, Pandora is an intuitive online music player that lets
`you search for music you love based on genre, artist, song titles, movie soundtracks
`and more. Then it selects songs for you based on your preferences. Using the Pandora
`App on Samsung Apps is just as easy as using Pandora on your computer. Let’s get
`set up shall we?...
`
`Now just enter the song, artist, genre whatever you want to create the station. …
`
`And that is just a little smidge about the awesome and completely rocking Pandora
`App, so log on and start listening to the stations you love.
`(SOURCE: Samsung Pandora App video tutorial, available at
`http://www.samsung.com/us/appstore/app/000000021563 (as of 3/7/2013)).
`
`For example, the description below of the Pandora application notes that the devices, with
`the installed Pandora application, allow listeners to define station lists and to receive
`streaming music from the remote Pandora servers customized to the listeners’ preferences.
`
`The Pandora Tuner (the music player) authenticates with the Playlist Server, passing
`along listener credentials. …
`
`The Station List for that particular listener is returned to the Tuner and rendered on
`the screen by the Tuner. …
`
`The listener selects a particular station for playback. …
`
`Samsung
`Page 10
`
`EXHIBIT 9 PAGE 10
`
`17
`
`

`
`6,108,686 – Samsung Devices – Claim 1
`“a rule generation unit configured to define, for each of the plurality of local users, a set of search rules applicable to a predefined subject; and”
`
`The Tuner makes a request to the Playlist Server for a sequence of songs to play. …
`
`The Tuner receives a list of playlist fragment descriptors and begins sending audio
`requests based on the information received from the Playlist Server. …
`
`The Tuner stitches those audio resources together into a stream of music. …
`
`The Tuner plays the first song.
`
`(SOURCE: August 2006 interview with Tom Conrad, then CTO of Pandora Media
`http://oreilly.com/digitalmedia/2006/08/17/inside-pandora-web-radio.html (as of
`3/8/2013))
`
`The source code for the Pandora Internet radio client running on the Samsung Devices is
`not publicly available. However, there is an open source Pandora client called Piano Bar.
`A review of the source code for Piano Bar confirms that the Pandora client enables the
`following sequence of steps:
`
`• User selects a station from a list presented (or creates a new one).
`
`• Client sends station ID to Pandora server.
`
`• Client receives a playlist of songs from the server.
`
`• Client iterates through the playlist, fetching the music data for each
`song using the audio URL, and playing it.
`
`• When playlist is empty, client requests further songs from the server.
`
`(SOURCE: Piano Bar source code, available at https://github.com/PromyLOPh/pianobar
`(as of 9/15/2011).
`
`Samsung
`Page 11
`
`EXHIBIT 9 PAGE 11
`
`18
`
`

`
`6,108,686 – Samsung Devices– Claim 1
`“a search agent configured to retrieve information on only the predefined subject from a database on the network based on each set of search rules and to store
`the retrieved information in a local database.”
`The Samsung Devices with the above-identified media sharing applications installed
`include a search agent configured to retrieve information on only the predefined subject
`from a database on the network based on each set of search rules and to store the retrieved
`information in a local database.
`
`a search agent configured to
`retrieve information on only the
`predefined subject from a database
`on the network based on each set
`of search rules and to store the
`retrieved information in a local
`database.
`
`For example, the description below of the Pandora application notes that the devices, with
`the installed Pandora application, allow listeners to define station lists and to receive a list
`of playlist fragment descriptors that are customized to the listeners’ preferences. The
`playlist fragment descriptors are stored in a local database accessible to the plurality of
`local users.
`
`The Pandora Tuner (the music player) authenticates with the Playlist Server, passing
`along listener credentials. …
`
`The Station List for that particular listener is returned to the Tuner and rendered on
`the screen by the Tuner. …
`
`The listener selects a particular station for playback. …
`
`The Tuner makes a request to the Playlist Server for a sequence of songs to play. …
`
`The Tuner receives a list of playlist fragment descriptors and begins sending audio
`requests based on the information received from the Playlist Server. …
`
`The Tuner stitches those audio resources together into a stream of music. …
`
`The Tuner plays the first song.
`
`(SOURCE: August 2006 interview with Tom Conrad, then CTO of Pandora Media
`http://oreilly.com/digitalmedia/2006/08/17/inside-pandora-web-radio.html (as of
`3/8/2013))
`
`Samsung
`Page 12
`
`EXHIBIT 9 PAGE 12
`
`19
`
`

`
`6,108,686 – Samsung Devices– Claim 1
`“a search agent configured to retrieve information on only the predefined subject from a database on the network based on each set of search rules and to store
`the retrieved information in a local database.”
`The source code for the Pandora Internet radio client running on the Samsung Devices is
`not publicly available. However, there is an open source Pandora client called Piano Bar.
`A review of the source code for Piano Bar confirms that the Pandora client enables the
`following sequence of steps:
`
`• User selects a station from a list presented (or creates a new one).
`
`• Client sends station ID to Pandora server.
`
`• Client receives a playlist of songs from the server.
`
`• Client iterates through the playlist, fetching the music data for each
`song using the audio URL, and playing it.
`
`• When playlist is empty, client requests further songs from the server.
`
`(SOURCE: Piano Bar source code, available at https://github.com/PromyLOPh/pianobar
`(as of 9/15/2011).
`
`Samsung
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`

`
`6,108,686 – Samsung Devices– Claim 2
`“A device according to claim 1, further comprising a user interface configured to enable each of the plurality of local users to access, from the local database, the
`information on the predefined subject associated with the corresponding set of search criteria..”
`6,108,686 Claim Language
`Samsung Devices
`The Samsung Devices include a user interface configured to enable each of the plurality
`2. A device according to claim 1,
`of local users to access, from the local database, the information on the predefined subject
`further comprising a user interface
`associated with the corresponding set of search criteria. For example, the Samsung
`configured to enable each of the
`Devices with the Pandora application installed include a user interface from which users
`plurality of local users to access,
`can access songs in accordance with personalized Internet radio stations created by the
`from the local database, the
`users.
`information on the predefined
`subject associated with the
`corresponding set of search
`criteria.
`
`Samsung
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`

`
`6,108,686 – Samsung Devices – Claim 20
`“A method of providing a plurality of local users with information stored remotely on a network, the method comprising:”
`
`6,108,686 Claim Language
`20. A method of providing a
`plurality of local users with
`information stored remotely on
`a network, the method
`comprising:
`
`Samsung Devices
`Samsung provides Tablets and Phones including, for example, the Samsung Galaxy S III phone,
`with applications such as Pandora, Spotify, Rhapsody, Samsung Music Hub, Samsung Music+,
`Google Play Music, iHeartRadio, and/or other similar applications (“Samsung Devices”).
`During use, the Samsung Devices provide a plurality of local users with information stored
`remotely on a network including, for example, personalized radio, music playlists, and/or
`related content.
`
`For example, Samsung suggests using the Pandora application with its devices, for example, in
`the articles below (found at http://www.samsung.com/us/article/7-ways-to-personalize-holiday-
`gifts and http://www.samsung.com/us/article/5-apps-to-help-you-through-the-holidays).
`
`Samsung
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`

`
`6,108,686 – Samsung Devices – Claim 20
`“A method of providing a plurality of local users with information stored remotely on a network, the method comprising:”
`
`During use of the Samsung Devices with, for example, Pandora installed, local users are
`provided with information stored remotely on a network.
`
`For example, the devices running the Pandora application receive information stored remotely
`on Pandora’s Playlist Server as detailed below.
`
`The Pandora Tuner (the music player) authenticates with the Playlist Server, passing along
`listener credentials. …
`
`The Station List for that particular listener is returned to the Tuner and rendered on the
`screen by the Tuner. …
`
`Samsung
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`

`
`6,108,686 – Samsung Devices – Claim 20
`“A method of providing a plurality of local users with information stored remotely on a network, the method comprising:”
`
`The listener selects a particular station for playback. …
`
`The Tuner makes a request to the Playlist Server for a sequence of songs to play. …
`
`The Tuner receives a list of playlist fragment descriptors and begins sending audio requests
`based on the information received from the Playlist Server. …
`
`The Tuner stitches those audio resources together into a stream of music. …
`
`The Tuner plays the first song.
`
`(SOURCE: August 2006 interview with Tom Conrad, then CTO of Pandora Media
`http://oreilly.com/digitalmedia/2006/08/17/inside-pandora-web-radio.html (as of 3/8/2013))
`
`The popular personalized radio you listen to online is now available as an app on your
`Samsung Smart TV, Blu-Ray Player or Home Theater System. Enjoy an endless playlist
`custom-made for you, for any type of mood or occasion, from a collection that includes
`hundreds of thousands of recordings. …
`
`The Pandora app can be your personal DJ—just pick a favorite party tune and Pandora will
`create a playlist. At the touch of a button, get moving to a mix of motivating workout music,
`or unwind with a soothing soundscape for restorative yoga and meditation. With the
`Pandora app, you'll hear your favorite music and discover all new songs and artists to love.
`
`(SOURCE: http://www.samsung.com/us/article/know-your-apps-pandora (as of 3/8/2013))
`
`The source code for the Pandora Internet radio client running on the Samsung Devices is not
`publicly available. However, there is an open source Pandora client called Piano Bar. A review
`of the source code for Piano Bar confirms that the Pandora client enables the following
`sequence of steps:
`
`• User selects a station from a list presented (or creates a new one).
`
`Samsung
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`

`
`6,108,686 – Samsung Devices – Claim 20
`“A method of providing a plurality of local users with information stored remotely on a network, the method comprising:”
`
`• Client sends station ID to Pandora server.
`
`• Client receives a playlist of songs from the server.
`
`• Client iterates through the playlist, fetching the music data for each
`song using the audio URL, and playing it.
`
`• When playlist is empty, client requests further songs from the server.
`
`(SOURCE: Piano Bar source code, available at https://github.com/PromyLOPh/pianobar (as of
`9/15/2011).
`
`In addition, the Samsung Devices receive songs from the Pandora server that are not already
`stored on the devices through streaming.
`Pandora delivers a 128-Kbps stream of music, and it only works with a
`broadband connection. It derives its music license from the DMCA (Digital
`Millennium Copyright Act of 1998) guidelines for streaming Internet radio,
`and the digital rights management (DRM) scheme it employs is notable in
`a few ways. First, Pandora will never play a specific song on demand; if
`you add a song to a station, it will show up eventually, but Pandora can
`only work it in at random. Also, you can only skip 10 songs in an hour –
`this is so you can't just skip to the song you're looking for. The license also
`limits the number of times Pandora can play a particular song or artist in a
`particular time period, and to this effect Pandora stores a list of the songs
`played on your station in your computer's Flash local storage so it knows
`what it has played already.
`(SOURCE: http://computer.howstuffworks.com/internet/basics/pandora2.htm (as of 3/8/2013)).
`
`Samsung
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`
`6,108,686 – Samsung Devices – Claim 20
`“A method of providing a plurality of local users with information stored remotely on a network, the method comprising:”
`
`(SOURCE: http://www.serviceguidance.com/www-Pandora-comSamsung-Set-Up-Pandora-On-
`Your-Samsung-Device/ as of 3/8/2013).
`
`With respect to the other media sharing applications installed on the Samsung Devices such as
`Spotify, Rhapsody, Samsung Music Hub, Samsung Music+, Google Play Music, iHeartRadio
`and/or other similar applications, the Samsung Devices in conjunction with these applications
`also meet all the limitations of this claim. Upon information and belief, these applications
`include media sharing functionality similar to the Pandora personalized radio functionality
`identified in connection with this claim.
`
`As an example, the Samsung Galaxy S III phone includes the Spotify app:
`
`Samsung
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`

`
`6,108,686 – Samsung Devices – Claim 20
`“A method of providing a plurality of local users with information stored remotely on a network, the method