IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`PERSONALIZED MEDIA
`COMMUNICATIONS, LLC,
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`Defendant.
`
`
`
`vs.
`
`
`
`
`
`APPLE, INC.,
`
`
`
`
`
`
`
`
`
`
`PERSONALIZED MEDIA
`COMMUNICATIONS, LLC,
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Case No. 2:15-cv-01366-JRG-RSP
`
`
`
`
`
`LEAD CASE
`
`
`
`
`
`
`
`
`
`
`
`Case No. 2:15-cv-01206-JRG-RSP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`vs.
`
`
`
`
`
`
`
`
`
`TOP VICTORY ELECTRONICS (TAIWAN)
`CO. LTD., TPV INT’L (USA), INC.,
`
`ENVISION PERIPHERALS, INC., TOP
`VICTORY ELECTRONICS (FUJIAN) CO.
`LTD., TPV ELECTRONICS (FUJIAN) CO.
`LTD., TPV TECHNOLOGY LTD., and
`
`VIZIO, INC.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`PLAINTIFF'S DISCLOSURES UNDER P.R. 3-1
`CONCERNING DEFENDANT APPLE, INC.
`
`
`
`
`
`
`VIZIO, Inc. Exhibit 1008
`1 of 8
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`PERSONALIZED MEDIA
`COMMUNICATIONS, LLC,
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`Defendant.
`
`
`
`vs.
`
`
`
`
`
`APPLE, INC.,
`
`
`
`
`
`
`
`
`
`
`PERSONALIZED MEDIA
`COMMUNICATIONS, LLC,
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Case No. 2:15-cv-01366-JRG-RSP
`
`
`
`
`
`LEAD CASE
`
`
`
`
`
`
`
`
`
`
`
`Case No. 2:15-cv-01206-JRG-RSP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`vs.
`
`
`
`
`
`
`
`
`
`TOP VICTORY ELECTRONICS (TAIWAN)
`CO. LTD., TPV INT’L (USA), INC.,
`
`ENVISION PERIPHERALS, INC., TOP
`VICTORY ELECTRONICS (FUJIAN) CO.
`LTD., TPV ELECTRONICS (FUJIAN) CO.
`LTD., TPV TECHNOLOGY LTD., and
`
`VIZIO, INC.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`PLAINTIFF'S DISCLOSURES UNDER P.R. 3-1
`CONCERNING DEFENDANT APPLE, INC.
`
`
`
`
`
`
`VIZIO, Inc. Exhibit 1008
`1 of 8
`
`
`
`
`
`Pursuant to Patent Rule 3-1, Plaintiff Personalized Media Communications, LLC,
`
`(“PMC”) hereby provides its Disclosure of Asserted Claims and Preliminary Infringement
`
`Contentions Concerning Defendant Apple, Inc. (“Apple”). PMC reserves the right to further
`
`supplement or alter its responses herein—including to supplement its infringement contentions
`
`pursuant to P.R. 3-6—based on additional information obtained through discovery or other
`
`means concerning Apple products or services.
`
`I.
`
`PMC’s P.R. 3-1(a) Disclosures
`
`Subject to ongoing discovery and investigation, PMC hereby contends that Apple directly
`
`and/or indirectly infringes the following claims under one or more of 35 U.S.C. § 271(a)-(c), (f)
`
`and (g) by making, using, selling, offering for sale, and/or importing into the United States the
`
`Accused Instrumentalities set forth in Part II below. PMC reserves the right to supplement its
`
`position as to infringement following further discovery.
`
`U.S. Patent No.
`
`Infringed Claims
`
`8,191,091
`
`8,559,635
`
`7,752,649
`
`8,752,088
`
`13, 14, 15, 16, 18, 20, 21, 23, 24, 26, 27, 30
`
`1, 2, 3, 4, 7, 13, 18, 20, 21, 28, 29, 30, 32, 33
`
`39, 54, 62, 67
`
`14
`
`
`II.
`
`PMC’s P.R. 3-1(b) Disclosures
`
`Subject to ongoing discovery and investigation, PMC hereby contends that the asserted
`
`patent claims are infringed by make, use, sale, offer for sale, and/or importation of the Accused
`
`Instrumentalities as identified for each claim in the chart below:
`
`
`
`
`
`- 2 -
`
`VIZIO, Inc. Exhibit 1008
`2 of 8
`
`
`
`Patent
`
`Claims
`
`Accused Instrumentality of Apple
`
`8,191,091 13, 14, 15, 16,
`18, 20, 21, 23,
`24
`
`8,191,091 26, 27, 30
`
`8,559,635 1, 2, 4, 7, 18,
`20, 21, 28, 29,
`30, 32, 33
`
`8,559,635 3
`
`iTunes and/or QuickTime software
`application (installed on end users’ MacOS or
`non-Apple computers), Apple’s iOS products
`(including at least iPhone, iPod, iPad, and
`Apple TV), and MacOS products (including at
`least MacBook and iMac) which are
`compatible with Apple’s FairPlay DRM
`scheme; Apple computer server(s) which
`implement Apple’s FairPlay DRM scheme
`
`iTunes and/or QuickTime software
`application (installed on end users’ MacOS or
`non-Apple computers), Apple’s iOS products
`(including at least iPhone, iPod, iPad, and
`Apple TV), and MacOS products (including at
`least MacBook and iMac) which are
`compatible with Apple’s FairPlay DRM
`scheme and/or FairPlay Streaming (FPS) or
`HTTP Live Streaming (HLS) protocols;
`Apple computer server(s) which implement
`Apple’s FairPlay DRM scheme and/or FPS or
`HLS protocols
`
`iTunes and/or QuickTime software
`application (installed on end users’ MacOS or
`non-Apple computers), Apple’s iOS products
`(including at least iPhone, iPod, iPad, and
`Apple TV), and MacOS products (including at
`least MacBook and iMac) which are
`compatible with Apple’s FairPlay DRM
`scheme; Apple computer server(s) which
`implement Apple’s FairPlay DRM scheme
`
`Apple computer server(s) such as iTunes
`Store or App Store servers which implement
`Apple’s FairPlay DRM scheme
`
`
`
`- 3 -
`
`VIZIO, Inc. Exhibit 1008
`3 of 8
`
`
`
`Patent
`
`Claims
`
`Accused Instrumentality of Apple
`
`8,559,635 13
`
`7,752,649 39, 62, 67
`
`7,752,649 54
`
`8,752,088 14
`
`Apple’s iOS products (including at least
`iPhone, iPod, iPad, and Apple TV) and
`MacOS products (including at least MacBook
`and iMac) which are capable of downloading
`and decrypting apps in accordance with
`Apple’s FairPlay DRM scheme; Apple
`computer server(s) which implement Apple’s
`FairPlay DRM scheme
`
`Apple’s QuickTime and Safari software
`applications (installed on end users’ MacOS
`or Windows computers), Apple’s iOS
`products (including at least iPhone, iPod,
`iPad, and Apple TV), and MacOS products
`(including at least MacBook and iMac) which
`are compatible with Apple’s HTTP Live
`Streaming (HLS) protocol; Apple computer
`server(s) which implement Apple’s HLS
`protocol
`
`Apple computer server(s) such as iTunes
`Store, Apple Music, or other content servers
`which implement HTTP Live Streaming
`(HLS) protocol
`
`Apple’s QuickTime and Safari software
`applications (installed on end users’ MacOS
`or Windows computers), Apple’s iOS
`products (including at least iPhone, iPod,
`iPad, and Apple TV), and MacOS products
`(including at least MacBook and iMac) which
`are compatible with Apple’s HTTP Live
`Streaming (HLS) protocol or the MPEG-2
`standard in general; Apple computer server(s)
`which implement Apple’s HLS protocol
`and/or or the MPEG-2 standard
`
`
`
`III.
`
`PMC’s P.R. 3-1(c) Disclosures
`
`Subject to ongoing discovery and investigation, PMC hereby contends that each element
`
`of each infringed claim is found within each Apple Accused Instrumentality as shown in
`
`
`
`- 4 -
`
`VIZIO, Inc. Exhibit 1008
`4 of 8
`
`
`
`preliminary infringement claim charts attached hereto as Exhibits A, B, C, & D. PMC has
`
`tentatively identified the claim terms that may require claim construction, by underlining and
`
`bolding those claim terms in the “Asserted Claims” column of the infringement claim charts.
`
`These identifications are based on information currently available to PMC. PMC reserves the
`
`right to amend its asserted claims and infringement contentions pursuant to P.R. 3-6 as
`
`discovery progresses and additional information is gathered.
`
`IV.
`
`PMC’s P.R. 3-1(d) Disclosures
`
`Subject to ongoing discovery and investigation, PMC hereby contends that, except where
`
`it is indicated otherwise, each element of each asserted claim is literally present in each of the
`
`Accused Instrumentalities as specifically shown in Exhibits A, B, C, & D.
`
`At this time, PMC believes that the following elements of the asserted claims where
`
`infringement may depend on equivalents:
`
` Claim 2 of the ’635 Patent: “first decryptor” or “second decryptor”
`
` Claim 21 of the ’635 Patent: “first processor control” or “second processor control”
`
` Claims 39 and 67 of the ’649 Patent: “television receiver” [only if the preamble is
`
`found to be limiting]
`
`However, as indicated above, more discovery is required for PMC’s literal infringement
`
`position, and the Court have yet to issue any claim construction order. Pursuant to P.R. 3-6,
`
`PMC expressly reserves the right to augment and supplement its position on whether there is
`
`infringement under the doctrine of equivalents of any other elements of any asserted claims after
`
`further discovery from Apple and/or depending on this Court’s decision on all the claim
`
`construction issues.
`
`
`
`- 5 -
`
`VIZIO, Inc. Exhibit 1008
`5 of 8
`
`
`
`V.
`
`PMC’s P.R. 3-1(e) Disclosures
`
`Pursuant to P.R. 3-1(e), PMC presently contends that the asserted claims of U.S. Patent
`
`Nos. 8,559,635 and 8,752,088 are entitled to the priority date of U.S. Patent Application No.
`
`06/317,510, filed November 3, 1981, which issued as U.S. Patent No. 4,694,490.
`
`PMC further contends that the asserted claims of U.S. Patent Nos. 7,752,649 and
`
`8,191,091 are at least entitled to the priority date of United States Patent Application Serial No.
`
`07/096,096, filed September 11, 1987, now U.S. Pat. No. 4,965,825, which was a continuation-
`
`in-part of U.S. Patent Application No. 06/829,531, filed February 14, 1986, now U.S. Patent No.
`
`4,704,725, which was a continuation of U.S. Patent Application No. 06/317,510, filed November
`
`3, 1981, now U.S. Pat. No. 4,694,490.
`
`VI.
`
`PMC’S P.R. 3-1(f) Disclosures
`
`PMC does not rely upon the assertion that its own instrumentalities practice the claimed
`
`
`
`
`
`Respectfully Submitted,
`
`invention.
`
`Dated: November 24, 2015
`
`
`
`By:
`
`_/s/ Stephen T. Schreiner_______________
`Stephen T. Schreiner (Admitted pro hac vice)
`Jennifer A. Albert (Admitted pro hac vice)
`Ce (Charles) Li (Admitted pro hac vice)
`GOODWIN PROCTER LLP
`901 New York Ave., N.W.
`Washington, DC 20001
`Tel.: (202) 346-4000
`Fax: (202) 346-4444
`Email: SSchreiner@goodwinprocter.com
`Email: JAlbert@goodwinprocter.com
`Email: CLi@goodwinprocter.com
`
`
`
`
`
`
`S.Calvin Capshaw, III
`State Bar No. 03788390
`Elizabeth L. DeRieux
`State Bar No. 05770585
`
`- 6 -
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`VIZIO, Inc. Exhibit 1008
`6 of 8
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Capshaw Derieux, LLP
` 1127 Judson Road, Suite 220
`
`Longview TX 75601-5157
`
`Tel.: (903) 233-4826
`
`Fax: (903) 236-8787
`
`E-mail: ccapshaw@capshawlaw.com
`
`E-mail: ederieux@capshawlaw.com
`
` Attorneys for Plaintiff
`
`Personalized Media Communications, L.L.C.
`
`
`- 7 -
`
`
`
`
`
`
`
`
`
`
`
`
`
`VIZIO, Inc. Exhibit 1008
`7 of 8
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the foregoing disclosure and all supporting documents
`
`were served electronically on all counsel who have consented to electronic service pursuant to
`
`Local Rules on November 24, 2015.
`
`
`
`
`
`/s/ Ce Li
`
`
`
`
`
`
`
`
`
`VIZIO, Inc. Exhibit 1008
`8 of 8
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
