U.S.I.T.C. Inv. No. 337-TA-882
`
`U.S. Patent No. 8,050,652
`METHOD AND DEVICE FOR AN INTERNET RADIO CAPABLE OF OBTAINING PLAYLIST CONTENT
`FROM A CONTENT SERVER
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`SAMSUNG INFRINGEMENT OF
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`
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`CLAIMS 1, 3, 4, 6, 7, 10, 11, 13, 42, 44, 45, 47, 48, 49, 50, 52, 55
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`The claim charts below refer to two categories of accused devices:
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`
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`Samsung Infringement Claim Charts For 8,050,652
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`“Mobile Devices” refers to accused mobile phones and tablets. Evidence relating to a Samsung Galaxy S4 phone is used
`herein as representative of the Mobile Devices. The full list of accused mobile devices known at this time is included within
`the Parties’ Joint Statement Regarding Identification Of Accused Products, filed September 20, 2013.
`
`
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`“Player Devices” refers to accused televisions, blu-ray players and home theater systems. Evidence relating to a Samsung
`UN55F8000BF television is used herein as representative of the Player Devices. The full list of accused player devices known
`at this time is included within the Parties’ Joint Statement Regarding Identification Of Accused Products, filed September 20,
`2013.
`
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`In the claim charts, the following Samsung Mobile Devices and Player Devices with the following applications and functionalities are
`accused of infringement:
`
`
`Playlist Applications and Functionalities
`
`Accused Samsung Devices
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`“Pandora” refers to Pandora and Pandora|One
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`Spotify
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`Google Play Music
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`Mobile Devices and Player Devices
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`Mobile Devices and Player Devices
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`Mobile Devices
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`“Samsung Music Hub” refers to Samsung Music Hub, Samsung Music, and
`Samsung Music+
`“DLNA” refers to Samsung Link, Allshare Play, AllShare, and Nearby Devices Mobile Devices and Player Devices
`
`Mobile Devices
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`Amazon Cloud/MP3 Player
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`iHeartRadio
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`Player Devices
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`Mobile Devices
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`Internet Radio Broadcast Applications and Functionalities
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`Accused Samsung Devices
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`vTuner
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`Mobile Devices and Player Devices
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`TuneIn
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`nTouch Radio
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`iHeartRadio
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`Mobile Devices and Player Devices
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`Mobile Devices
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`Mobile Devices
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`Web Browser for receipt of internet radio broadcasts from, for example,
`Shoutcast
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`Mobile Devices and Player Devices
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`Discovery is ongoing and Complainant reserves the right to accuse any other infringing functionalities discovered.1
`
`The accused devices literally infringe 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 contributorily infringes and/or induces infringement of the method claims below in conjunction with at least their
`importation, marketing, promotion, profiting, collaboration, testing, servicing and sale of the Samsung Mobile Devices and Player
`Devices, as well as through actions of its agents and partners. Samsung directly and/or indirectly infringes the system claims below.
`In addition, Samsung directly infringes the method claims.
`
`These infringement contention claim charts incorporate by reference the claim charts submitted with the complaint as well as the
`charts provided with Complainant’s prior interrogatory response. In addition to the charts' description of the manner in which
`Samsung’s accused devices infringe, additional infringement evidence has been produced in the form of photographic, documentary
`and Wireshark packet-sniffing trace evidence.2
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`
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`1 For example, if Samsung Player Devices with Samsung Music Hub are imported into the United States, such devices also infringe the asserted claims for the
`same reasons set forth herein with respect to the Samsung Mobile Devices with Samsung Music Hub. In addition, if Samsung Mobile Devices or Player Devices
`include Slacker, which has both playlist and internet radio broadcast modes of operation, or Rhapsody, such devices also infringe the asserted claims.
`2 A table correlating photographic and Wireshark packet trace evidence to the relevant accused devices and functionalities is included after the charts below.
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`Black Hills’ identification of infringing applications and functionalities is based on information received to date. Discovery and
`investigation are ongoing, including source code review that may be relevant to BHM’s infringement contentions. Samsung is also
`expected to release additional devices, applications and/or functionalities prior to the hearing in this matter. In addition, Respondents
`in this investigation have failed to timely produce discovery, with major portions of its document productions, and all of its
`depositions, occurring just weeks before the close of fact discovery. Complainant thus reserves all rights to supplement, revise,
`correct and/or clarify its contentions at the time and in the manner allowed under the Commission Rules and the Ground Rules of the
`Administrative Law Judge. In addition, by identifying particular infringing applications and functionalities herein, Complainant does
`not intend to exclude any hardware, software, applications or other functionalities that may be implicated by the identified applications
`and functionalities (e.g., portions of the device’s operating system, communication systems, stock media player, etc.).
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`8,050,652 – BHM Charts – Claim 1
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`8,050,652 Claim Language
`1. An electronic device
`comprising: a) a network interface
`enabling the electronic device to
`receive an Internet radio broadcast
`and being further adapted to
`communicatively couple the
`electronic device to a central
`system;
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`Samsung Devices
`The Samsung Mobile Devices include playlist applications and functionalities including
`Samsung Music Hub, Pandora, Google Play Music, Spotify, DLNA, and iHeartRadio,
`along with internet radio broadcast applications and functionalities including vTuner,
`TuneIn, nTouch Radio, iHeartRadio, and a web browser for receipt of internet radio
`broadcasts from, for example, www.shoutcast.com.
`
`The Samsung Player Devices include playlist applications and functionalities including
`Pandora, Spotify, DLNA, and Amazon Cloud/MP3 Player, along with internet radio
`broadcast applications and functionalities including vTuner, TuneIn, and a web browser
`for receipt of internet radio broadcasts from, for example, www.shoutcast.com.
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`The Samsung Mobile Devices and Player Devices are electronic devices comprising a
`network interface enabling the electronic device to receive an Internet radio broadcast and
`being further adapted to communicatively couple the electronic device to a central system.
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`8,050,652 – BHM Charts – Claim 1
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`b) a system enabling playback of
`audio content from a playlist
`assigned to the electronic device
`via the central system; and
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`The Samsung Mobile Devices and Player Devices include a system enabling playback of
`audio content from a playlist assigned to the electronic device via the central system. The
`Mobile Devices and Player Devices, with the playlist applications and functionalities
`noted above, enable the playing of audio content from a playlist assigned to the electronic
`device via the central system.
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`8,050,652 – BHM Charts – Claim 1
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`The Samsung Mobile Devices and Player Devices include a control system associated
`with the network interface and the system enabling playback of the audio content
`indicated by the playlist, and adapted to: i) enable a user of the electronic device to select
`a desired mode of operation from a plurality of modes of operation comprising an Internet
`radio mode of operation and a playlist mode of operation; and ii) receive and play the
`Internet radio broadcast when the desired mode of operation is the Internet radio mode of
`operation.
`
`For example, the pictures below show a representative player device enabling a user of the
`electronic device to select from a vTuner Internet radio mode of operation, and receiving
`and playing an Internet radio broadcast (e.g., “FM 94/9”) when the desired mode of
`operation is the Internet radio mode of operation. Samsung Mobile Devices with vTuner
`installed provide the same functionality.
`
`c) a control system associated with
`the network interface and the
`system enabling playback of the
`audio content indicated by the
`playlist, and adapted to: i) enable a
`user of the electronic device to
`select a desired mode of operation
`from a plurality of modes of
`operation comprising an Internet
`radio mode of operation and a
`playlist mode of operation; ii)
`receive and play the Internet radio
`broadcast when the desired mode
`of operation is the Internet radio
`mode of operation; and
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the pictures below show a representative player device enabling a user of the
`electronic device to select from a TuneIn Internet radio mode of operation, and receiving
`and playing an Internet radio broadcast (e.g., “88.5 | KQED - FM”) when the desired
`mode of operation is the Internet radio mode of operation. Samsung Mobile Devices with
`TuneIn installed provide the same functionality.
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`8,050,652 – BHM Charts – Claim 1
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the picture below shows a representative player device enabling a user of the
`electronic device to select a web browser Internet radio mode of operation (e.g.,
`www.shoutcast.com), and receiving and playing an Internet radio broadcast (e.g.,
`“181.FM – Kickin’ Country”) when the desired mode of operation is the Internet radio
`mode of operation. Samsung Mobile Devices also have a web browser and provide the
`same functionality.
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the picture below shows a representative mobile device enabling a user of the
`electronic device to select from an iHeartRadio Internet radio mode of operation, and
`receiving and playing an Internet radio broadcast (e.g., “Star 94.1”) when the desired
`mode of operation is the Internet radio mode of operation.
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the image below shows a representative mobile device enabling a user of the
`electronic device to select from a nTouch Internet radio mode of operation, and receiving
`and playing an Internet radio broadcast when the desired mode of operation is the Internet
`radio mode of operation:
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`8,050,652 – BHM Charts – Claim 1
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`(E.g., Samsung Apps Mobile: nTouch Personal Internet Radio,
`http://apps.samsung.com/mars/topApps/topAppsDetail.as?productId=
`000000477746&srchClickURL=|@sn=SAPS|@qh=665558413|
`@qid=SAPS.SRCH|@q=ntouch|@tot=1|@idx=0|@doc=G00009239084|@title=nil)
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`8,050,652 – BHM Charts – Claim 1
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`The Samsung Mobile Devices and Player Devices, when the desired mode of operation is the
`playlist mode of operation, receive the playlist assigned to the electronic device from the central
`system, the playlist identifying a plurality of songs, wherein ones of the plurality of songs are not
`stored on the electronic device; receive information from the central system enabling the electronic
`device to obtain the ones of the plurality of songs from at least one remote source; obtain the ones
`of the plurality of songs from the at least one remote source; and play the audio content indicated
`by the playlist.
`
`For example, the pictures below show a representative mobile device with Samsung Music Hub
`installed receiving a playlist assigned to the mobile device, the playlist identifying a plurality of
`songs wherein ones of the plurality of songs (e.g., “All Summer Long” and “Mirrors”) are not
`stored on the electronic device:
`
`iii) when the desired mode
`of operation is the playlist
`mode of operation: receive
`the playlist assigned to the
`electronic device from the
`central system, the playlist
`identifying a plurality of
`songs, wherein ones of the
`plurality of songs are not
`stored on the electronic
`device;
`receive information from
`the central system enabling
`the electronic device to
`obtain the ones of the
`plurality of songs from at
`least one remote source;
`obtain the ones of the
`plurality of songs from the
`at least one remote source;
`and play the audio content
`indicated by the playlist.
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`8,050,652 – BHM Charts – Claim 1
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`The picture below shows the representative mobile device with Samsung Music Hub installed
`playing the song “Mirrors” obtained by the device from a remote source:
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`Samsung describes that the Samsung Music Hub application provides access to millions of songs in
`the Samsung Music Hub catalog and that the Samsung mobile devices can stream or download
`songs from the remote Music Hub catalog. Samsung instructs that a user can create playlists, listen
`to personalized radio, and beam music playlists to friends by holding Galaxy devices back to back.
`(E.g., http://www.samsung.com/us/musichub/, accessed September 23, 2013;
`http://m.samsung.com/us/support/SupportOwnersFAQPopup.do?faq_id=FAQ00050877&fm_seq=55985, accessed
`September 23, 2013; https://www.youtube.com/watch?v=3HFew6irzDA&feature=youtube_gdata_player, accessed
`September 23, 2013.)
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the picture below shows a representative mobile device with Pandora installed, where a
`music station “Fell On Black Days” is selected. Subsequent to selection of a music station, the
`mobile device receives a playlist assigned to the mobile device, the playlist identifying a plurality
`of songs wherein ones of the plurality of songs are not stored on the electronic device.
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`In addition, the picture below shows a representative player device with Pandora installed, where a
`music station “Lady Gaga Radio” is selected. Subsequent to selection of a music station, the player
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`8,050,652 – BHM Charts – Claim 1
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`device receives a playlist assigned to the player device, the playlist identifying a plurality of songs
`wherein ones of the plurality of songs are not stored on the electronic device.
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`In addition, the pictures below show a representative mobile device with Google Play Music
`installed receiving a playlist assigned to the mobile device, the playlist identifying a plurality of
`songs wherein ones of the plurality of songs (e.g., “Land of the Snakes” and “Power Trip”) are not
`stored on the electronic device:
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`8,050,652 – BHM Charts – Claim 1
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`The picture below shows the representative mobile device with Google Play Music installed
`playing the song “Power Trip” obtained by the device from a remote source including online
`storage:
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the pictures below show a representative mobile device with Spotify installed receiving
`a playlist assigned to the mobile device, the playlist identifying a plurality of songs wherein ones of
`the plurality of songs (e.g., “You And I” and “Paparazzi”) are not stored on the electronic device.
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`8,050,652 – BHM Charts – Claim 1
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`The picture below shows the representative mobile device with Spotify installed playing the song
`“You And I” obtained by the device from a remote source:
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the picture below shows a representative player device with Spotify installed receiving
`a playlist (e.g., “test3”) assigned to the player device, the playlist identifying a plurality of songs
`wherein ones of the plurality of songs are not stored on the electronic device.
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`8,050,652 – BHM Charts – Claim 1
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`The picture below shows the representative player device with Spotify installed playing the song
`“You And I” obtained by the device from a remote source:
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the picture below shows a representative mobile device receiving a playlist assigned to
`the mobile device during DLNA operation, the playlist identifying a plurality of songs wherein
`ones of the plurality of songs are not stored on the electronic device:
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`8,050,652 – BHM Charts – Claim 1
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`The picture below shows the representative mobile device playing the song “Clocks” obtained by
`the device from a remote source (e.g., Galaxy SIII accessed over WiFi or cellular/broadband)
`during DLNA operation:
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the picture below shows a representative player device receiving a playlist assigned to
`the player device during DLNA operation, the playlist identifying a plurality of songs wherein ones
`of the plurality of songs are not stored on the electronic device. The player device is playing the
`song “Radioactive” obtained by the device from a remote source (e.g., Galaxy SIII accessed over
`WiFi or cellular/broadband) during DLNA operation:
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the picture below shows a representative player device with Amazon Cloud/MP3
`Player installed receiving a playlist assigned to the player device, the playlist identifying a plurality
`of songs wherein ones of the plurality of songs are not stored on the electronic device:
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`8,050,652 – BHM Charts – Claim 1
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`The picture below shows the representative player device with Amazon Cloud/MP3 Player
`installed playing the song “Thrift Shop” obtained by the device from a remote source including
`online storage:
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`8,050,652 – BHM Charts – Claim 1
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`In addition, the picture below shows a representative mobile device with iHeartRadio installed,
`where a music station “Ke$ha Radio” is selected. Subsequent to selection of a music station, the
`mobile device receives a playlist assigned to the mobile device, the playlist identifying a plurality
`of songs for the music station wherein ones of the plurality of songs are not stored on the electronic
`device.
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`The
`representative mobile device is playing the song “Blah Blah Blah” obtained by the device from a
`remote source including online storage:
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`8,050,652 – BHM Charts – Claim 1
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`See also, for example, the packet sniffing trace evidence produced herewith.
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`8,050,652 – BHM Charts – Claim 3
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`8,050,652 Claim Language
`3. The electronic device of claim
`1 wherein the control system is
`further adapted to enable playback
`from an optical disc.
`
`Samsung Devices
`The Samsung Player Devices, including blu-ray players and home theater systems, include
`a control system that is adapted to enable playback from an optical disc (e.g., blu-ray disc,
`CD, or DVD).
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`8,050,652 – BHM Charts – Claim 4
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`8,050,652 Claim Language
`4. The electronic device of claim
`1 further comprising a data storage
`device, wherein the control system
`is further adapted to enable
`playback from the data storage
`device.
`
`Samsung Devices
`The Samsung Mobile Devices and Player Devices include a control system that is further
`adapted to enable playback from a data storage device including, for example, a USB
`device or a device accessible via DLNA. BHM’s investigation into the infringement of
`this claim is ongoing and includes, for example, an investigation into the data storage
`capabilities of the accused electronic devices.
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`8,050,652 – BHM Charts – Claim 6
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`8,050,652 Claim Language
`6. The electronic device of claim
`1 wherein the control system is
`further adapted to display a list of
`Internet radio broadcast stations.
`
`Samsung Devices
`The Samsung Mobile Devices with internet radio broadcast applications and
`functionalities including vTuner, TuneIn, nTouch Radio, iHeartRadio, and a web browser
`for receipt of internet radio broadcasts from, for example, www.shoutcast.com, and the
`Samsung Player Devices with internet radio broadcast applications and functionalities
`including vTuner, TuneIn, and a web browser for receipt of internet radio broadcasts
`from, for example, www.shoutcast.com, include a control system that is adapted to display
`a list of Internet radio broadcast stations.
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`8,050,652 – BHM Charts – Claim 7
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`8,050,652 Claim Language
`7. The electronic device of claim
`1 further comprising a wireless
`transceiver communicatively
`coupled to the control system.
`
`Samsung Devices
`The Samsung Mobile Devices and Player Devices include a wireless transceiver
`communicatively coupled to the control system. Each of these devices (including phones,
`tablets, televisions, blu-ray players, and home theater systems) includes a wireless
`transceiver that enables the device to connect to a Wi-Fi network.
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`8,050,652 – BHM Charts – Claim 10
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`8,050,652 Claim Language
`10. The electronic device of claim
`1 further comprising at least one
`speaker.
`
`Samsung Devices
`The Samsung Mobile Devices and Player Devices, including televisions, home theater
`systems, phones, and tablets, comprise at least one speaker.
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`8,050,652 – BHM Charts – Claim 11
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`Samsung Devices
`The Samsung Mobile Devices and Player Devices include a control system that is adapted
`to send a request to a remote server for supplemental information related to a song,
`including album covers, artist bios or information, song lyrics, or other supplemental
`information, receive the supplemental information from the remote server, and present the
`supplemental information to the user of the electronic device. For example, the Samsung
`devices with Pandora and/or Spotify installed receive and present album covers and/or
`artist information to the user. BHM’s investigation into the infringement of this claim is
`ongoing and includes, for example, and investigation into the source code utilized by the
`Samsung devices, the communications sent to and received from the Samsung devices
`when in use, and the remote server utilized to host and deliver the supplemental
`information.
`
`8,050,652 Claim Language
`11. The electronic device of claim
`1 wherein the control system is
`further adapted to:
`
`a) send a request to a remote
`server for supplemental
`information related to a song in
`real-time while the song is
`playing;
`
`b) receive the supplemental
`information from the remote
`server; and
`
`c) present the supplemental
`information to the user of the
`electronic device.
`
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`8,050,652 – BHM Charts – Claim 13
`
`8,050,652 Claim Language
`13. The electronic device of claim
`1 wherein the control system is
`further adapted to receive and
`display a recommended song.
`
`Samsung Devices
`The Samsung Mobile Devices and Player Devices include a control system that is adapted
`to receive and display a recommended song including, for example, a song that is based
`on the user’s preferences or selection of a music station. For example, the Samsung
`devices with Samsung Music Hub, Pandora, iHeartRadio, Spotify, and/or Google Play
`Music installed receive and display recommended songs. BHM’s investigation into the
`infringement of this claim is ongoing and includes, for example, and investigation into the
`manner in which the songs displayed to a user by the Samsung devices with the above-
`noted applications installed are selected for such display.
`
`
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`8,050,652 – BHM Charts – Claim 42
`
`8,050,652 Claim Language
`42. A method of operation for an
`electronic device comprising: a)
`enabling a user of the electronic
`device to select a desired mode of
`operation from a plurality of
`modes of operation comprising an
`Internet radio mode of operation
`and a playlist mode of operation;
`
`
`
`
`
`
`
`Samsung Devices
`During use of the Samsung Mobile Devices and Player Devices, a method of operation for
`an electronic device is performed comprising: a) enabling a user of the electronic device
`to select a desired mode of operation from a plurality of modes of operation comprising an
`Internet radio mode of operation and a playlist mode of operation.
`
`The Samsung Mobile Devices include playlist applications and functionalities including
`Samsung Music Hub, Pandora, Google Play Music, Spotify, DLNA, and iHeartRadio,
`along with internet radio broadcast applications and functionalities including vTuner,
`TuneIn, nTouch Radio, iHeartRadio, and a web browser for receipt of internet radio
`broadcasts from, for example, www.shoutcast.com.
`
`The Samsung Player Devices include playlist applications and functionalities including
`Pandora, Spotify, DLNA, and Amazon Cloud/MP3 Player, along with internet radio
`broadcast applications and functionalities including vTuner, TuneIn, and a web browser
`for receipt of internet radio broadcasts from, for example, www.shoutcast.com.
`
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`8,050,652 – BHM Charts – Claim 42
`
`b) playing an Internet radio
`broadcast when the desired mode
`of operation is the Internet radio
`mode of operation; and
`
`The step is also performed of playing an Internet radio broadcast when the desired mode of
`operation is the Internet radio mode of operation is performed.
`
`For example, the pictures below show a representative player device enabling a user of the
`electronic device to select from a vTuner Internet radio mode of operation, and receiving and
`playing an Internet radio broadcast (e.g., “FM 94/9”) when the desired mode of operation is
`the Internet radio mode of operation. Samsung Mobile Devices with vTuner installed provide
`the same functionality.
`
`
`
`
`
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`8,050,652 – BHM Charts – Claim 42
`
`
`In addition, the pictures below show a representative player device enabling a user of the
`electronic device to select from a TuneIn Internet radio mode of operation, and receiving and
`playing an Internet radio broadcast (e.g., “88.5 | KQED - FM”) when the desired mode of
`operation is the Internet radio mode of operation. Samsung Mobile Devices with TuneIn
`installed provide the same functionality.
`
`
`
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`8,050,652 – BHM Charts – Claim 42
`
`
`
`
`
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`8,050,652 – BHM Charts – Claim 42
`
`
`In addition, the picture below shows a representative player device enabling a user of the
`electronic device to select a web browser Internet radio mode of operation (e.g.,
`www.shoutcast.com), and receiving and playing an Internet radio broadcast (e.g., “181.FM –
`Kickin’ Country”) when the desired mode of operation is the Internet radio mode of operation.
`Samsung Mobile Devices also have a web browser and provide the same functionality.
`
`
`
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`8,050,652 – BHM Charts – Claim 42
`
`
`In addition, the picture below shows a representative mobile device enabling a user of the
`electronic device to select from an iHeartRadio Internet radio mode of operation, and receiving
`and playing an Internet radio broadcast (e.g., “Star 94.1”) when the desired mode of operation
`is the Internet radio mode of operation.
`
`
`
`
`
`
`
`
`
`
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`8,050,652 – BHM Charts – Claim 42
`
`
`
`
`In addition, the image below shows a representative mobile device enabling a user of the
`electronic device to select from a nTouch Internet radio mode of operation, and receiving and
`playing an Internet radio broadcast when the desired mode of operation is the Internet radio
`mode of operation:
`
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`8,050,652 – BHM Charts – Claim 42
`
`
`
`
`(E.g., Samsung Apps Mobile: nTouch Personal Internet Radio,
`http://apps.samsung.com/mars/topApps/topAppsDetail.as?productId=
`000000477746&srchClickURL=|@sn=SAPS|@qh=665558413|
`@qid=SAPS.SRCH|@q=ntouch|@tot=1|@idx=0|@doc=G00009239084|@title=nil)
`
`
`
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`8,050,652 – BHM Charts – Claim 42
`
`The steps are also performed of when the desired mode of operation is the playlist mode of
`operation: i) receiving a playlist assigned to the el