UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
`
`Before the Honorable - - - -
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN AUDIO PROCESSING
`HARDWARE, SOFTWARE, AND PRODU~TS
`CONTAINING THE SAME
`
`Investigation No. 337-TA-_
`
`VERIFIED COMPLAINT UNDER SECTION 337
`OF THE TARIFF ACT OF 1930, AS AMENDED
`
`RESPONDENTS:
`
`Apple Inc.
`1 Infinite Loop
`Cupertino, CA 95014
`Tel: 408-996-1010
`
`Samsung Electronics Co., Ltd.
`129, Samsung-ro, Yeongtong-gu,
`Suwon-si, Gyeonggi-do, Korea
`Tel: 82-2-2255-0114
`
`Samsung Electronics America, Inc.
`85 Challenger Road,
`Ridgefield Park, NJ 07660
`Tel: 201-229-4000
`
`COMPLAINANT:
`
`Andrea Electronics Corp.
`620 Johnson Avenue
`Suite 1B
`Bohemia, NY 11716
`Tel: 631-719-1800
`
`COUNSEL FOR COMPLAINANT:
`
`Goutam Patnaik
`Tuhin Ganguly
`David J. Shaw
`Pepper Hamilton LLP
`Hamilton Square
`600 Fourteenth Street, N.W.
`Washington, DC 20005-2004
`Tel: 202-220-1200
`Fax:202-220-1665
`
`William D. Belanger
`Frank D. Liu
`Pepper Hamilton LLP
`19th Floor, High Street Tower
`125 High Street
`Boston, MA 02110-2736
`Tel: 617-204-5100
`Fax: 617-204-5150
`
`Petitioner Apple Inc.
`Ex. 1022, Cover
`
`

`
`I.
`
`II.
`
`III.
`
`IV.
`
`V.
`
`TABLE OF CONTENTS
`
`INTRODUCTION .............................................................................................................. 1
`
`THE PARTIES .................................................................................................................... 3
`A.
`Complainant ............................................................................................................ 3
`B.
`Respondents ............................................................................................................ 7
`1.
`Apple Inc ..................................................................................................... 7
`2.
`Samsung Electronics Co., Ltd ..................................................................... 7
`3.
`Samsung Electronics America, Inc ............................................................. 8
`
`THE ASSERTED PATENTS ............................................................................................. 8
`A.
`The '607 Patent ....................................................................................................... 9
`1.
`Foreign Counterparts to the '607 Patent ..................................................... 9
`The '345 Patent ......................................................................................... : ........... 10
`Foreign Counterparts to the '345 Patent ................................................... 10
`1.
`·The '63 7 Patent ..................................................................................................... 11
`1.
`Foreign Counterparts to the '63 7 Patent ................................................... 11
`Licenses and Other Rights Regarding the Asserted Patents ................................. 12
`
`B.
`
`C.
`
`D.
`
`I
`
`NON-TECHNICAL DESCRIPTION OF THE PATENTED TECHNOLOGY .............. 12
`B.
`The '607 Patent- Interference Canceling Method and Apparatus ....................... 12
`C.
`The '345 Patent- System, Method and Apparatus for Cancelling Noise ............ 13
`D.
`The '637 Patent- Sub-Band Exponential Smoothing Noise Canceling
`System ................................................................................................................... 13
`
`UNFAIR ACTS OF THE RESPONDENTS .................................................................... 14
`A.
`Infringement. ................................ ; ........................................................................ 14
`1.
`The '607 Patent ......................................................................................... 15
`a.
`Apple ............................................................................................. 15
`b.
`Samsung ........................................................................................ 17
`The '345 Patent ......................................................................................... 20
`a.
`Apple ............................................................................................. 20
`b.
`Samsung ........................................................................................ 23
`The '637 Patent ......................................................................................... 26
`a.
`Apple .............................................................................................. 26
`b.
`Samsung ........................................................................................ 28
`Specific Instance of Sale and Importation ............................................................ 31
`Apple ......................................................................................................... 31
`1.
`2.
`Samsung .................................................................................................... 31
`
`2.
`
`3.
`
`B.
`
`VI.
`
`HARMONIZED TARIFF SCHEDULE INFORMATION .............................................. 32
`
`VII. RELATED LITIGATION ....................................................... ~ ........................................ 33
`
`VIII. DOMESTIC INDUSTRY RELATING TO THE ASSERTED PATENTS ..................... 34
`A.
`Andrea's Significant Investment in Plant and Equipment.. .................................. 35
`Andrea's Significant Employment of Labor and Capital ..................................... 35
`B.
`
`-11-
`
`Petitioner Apple Inc.
`Ex. 1022, p. ii
`
`

`
`C.
`
`D.
`
`Andrea's Substantial Investment in the Exploitation of the Asserted
`Patents ................................................................................................................... 35
`Andrea's Practice of the Asserted Patents ............................................................ 36
`
`IX.
`
`RELIEF ............................................................................................................................. 36
`
`-111-
`
`Petitioner Apple Inc.
`Ex. 1022, p. iii
`
`

`
`EXHIBIT LIST
`
`Exhibit 1
`Exhibit 2
`Exhibit 3
`Exhibit 4
`Exhibit 5
`Exhibit 6
`Exhibit 7
`Exhibit 8
`Exhibit 9
`Exhibit 10
`Exhibit 11
`Exhibit 12
`Exhibit 13
`Exhibit 14
`Exhibit 15
`
`Exhibit 16
`Exhibit 17
`Exhibit 18
`Exhibit 19
`Exhibit 20
`Exhibit 21
`Exhibit 22
`Exhibit 23
`Exhibit 24
`Exhibit 25
`
`U.S. Patent No. 6,049,607
`U.S. Patent No. 6,363,345
`U.S. Patent No. 6,377,637
`Assignment Record for U.S. Patent No. 6,049,607
`Assignment Record for U.S. Patent No. 6,363,345
`Assignment Record for U.S. Patent No. 6,377,637
`Claim Chart Comparing '607 Patent to Apple iPhone 6S Product
`Claim Chart Comparing '607 Patent to Samsung Galaxy S7 Product
`Claim Chart Comparing '345 Patentto Apple iPhone 6S Product
`Claim Chart Comparing '345 Patent to Samsung Galaxy S7 Product
`Claim Chart Comparing '63 7 Patent to Apple iPhone 6S Product
`Claim Chart Comparing '637 Patent to Samsung Galaxy S7 Product
`Photograph(s) of Apple iPhone 6S Product
`Receipt for Apple iPhone 6S Product
`User Interface for Activating Infringing Functionality(ies) in Apple iPhone 6S
`Product
`Photograph(s) ofSamsung Galaxy S7 Product
`Receipt for Samsung Galaxy S7 Product
`(Confidential) May 13, 2015 letter from Andrea to Apple
`(Confidential) May 13, 2015 letter from Andrea to Samsung
`(Confidential) Declaration of Corisa Guiffre
`(Confidential) Licensees to the Asserted Patents
`(Confidential) List of Andrea Domestic Industry Products and Asserted Patents
`(Confidential) Claim Chart Comparing '607 Patent to Andrea Electronics Product
`(Confidential) Claim Chart Comparing '345 Patent to Andrea Electronics Product
`(Confidential) Claim Chart Comparing '637 Patent to Andrea Electronics Product
`
`-lV-
`
`Petitioner Apple Inc.
`Ex. 1022, p. iv
`
`

`
`APPENDICES
`Appendix A
`U.S. Patent No. 6,049,607 Prosecution History
`Appendix B
`U.S. Patent No. 6,049,607 Technical References
`U.S. Patent No. 6,363,345 Prosecution History
`Appendix C
`U.S. Patent No. 6,363,345 Technical References
`Appendix D
`U.S. Patent No. 6,377,637 Prosecution History
`Appendix E
`U.S. Patent No. 6,377,637 Technical References
`Appendix F
`
`-v-
`
`Petitioner Apple Inc.
`Ex. 1022, p. v
`
`

`
`I.
`
`INTRODUCTION
`
`1.
`
`Complainant Andrea Electronics Corporation ("Andrea") files this complaint
`
`pursuant to Section 337 ofthe Tariff Act of 1930, as amended, 19 U.S.C. § 1337 ("Section
`
`337"). Andrea respectfully requests that the United States International Trade Commission (the
`
`"Commission") institute an investigation relating to the unlawful importation into the United
`
`States, the sale for importation into the United States, and/or the sale within the United States
`
`after importation, of certain audio processing hardware, software, and products containing the
`
`same.
`
`2.
`
`The respondents are Apple Inc. ("Apple"), and Samsung Electronics Co. Ltd. and
`
`Samsung Electronics America, Inc. (collectively, "Samsung") (all collectively, "Respondents").
`
`3.
`
`Respondents have violated and continue to violate Section 337 through the
`
`importation, sale for importation, and/or the sale within the United States after importation of
`
`certain audio processing hardware, software, and products containing the same that directly
`
`infringe, literally or under the doctrine of equivalents, Andrea's United States Patent No.
`
`6,049,607 (the '"607 Patent"), United States Patent No. 6,363,345 (the '"345 Patent"), and
`
`United States Patent No. 6,377,637 (the '"637 Patent") (collectively, the "AssertedPatents") to
`
`the detriment of Andrea's industry that exists in the United States relating to the Asserted
`
`Patents.
`
`4.
`
`In addition to their direct infringement, Respondents have also violated and
`
`continue to violate Section 33 7 through the importation, sale for importation, and/or the sale
`
`within the United States after importation of certain audio processing hardware, software, and
`
`products containing the same that indirectly infringe, literally or under the doctrine of
`
`equivalents, by induced or contributory infringement, Andrea's Asserted Patents to the detriment
`
`of Andrea's industry that exists in the United States relating to the Asserted Patents.
`
`Petitioner Apple Inc.
`Ex. 1022, p. 1
`
`

`
`Respondents have knowledge of the Asserted Patents and Andrea's infringement allegations at
`
`least as of May 13, 2015, when Andrea sent notice letters to ooth Apple and Samsung, and have
`
`continued to provide their audio processing hardware, software, and products containing the
`
`same to the marketplace in a manner that indirectly infringes Andrea's Asserted Patents.
`
`5.
`
`Andrea asserts that each Respondent infringes the following claims:
`
`'607
`
`'345
`
`'637
`
`1-12 and 25-37
`
`1-25, 38-40, and 42-47
`
`1-14
`
`6.
`
`To remedy Respondents' continuing and unlawful violation of Section 337,
`
`Andrea seeks as permanent relief a limited exclusion order, pursuant to 19 U.S.C. § 1337( d),
`
`barring from entry into the United States all Respondents' audio processing hardware, software,
`
`and products containing the same that infringe one or more of the claims of the Asserted Patents.
`
`Andrea also seeks cease and desist orders pursuant to 19 U.S.C. § 1337(f) prohibiting each
`
`domestic Respondent from engaging in the importation into the United States and/or the sale
`
`within the United States after importation of audio processing hardware, software, and products
`
`containing the same that infringe one or more claims of the Asserted Patents. Further, Andrea
`
`requests that the Commission impose a bond upon Respondents' importation of infringing audio
`
`processing hardware, software, and products containing the same during the 60-day Presidential
`
`review period, pursuant to 19 U.S.C. § 1337(j), to prevent further injury to Andrea's domestic
`
`industry relating to the Asserted Patents.
`
`-2-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 2
`
`

`
`L
`
`II.
`
`THE PARTIES
`
`A.
`
`7.
`
`Complainant
`
`Complainant Andrea is a publicly-held company with its corporate headquarters
`
`located in Bohemia, New York. Andrea engages in substantial engineering, research, and
`
`development related to audio technology and has developed microphone hardware and software
`
`products that provide solutions to current sound fidelity challenges.
`
`8.
`
`Andrea has a decorated history as a leading industry developer of product
`
`solutions which optimize the performance of voice user interfaces. Its technology has been
`
`applied to products related to, among other things, voice over internet protocol ("VoiP")
`
`telephony, VoiP teleconferencing, video conferencing, speech recognition, computer gaming, in(cid:173)
`
`car computing, and 3D audio recording.
`
`9.
`
`The leadership of Andrea has spanned three familial generations and over 80
`
`years. Andrea's products are featured in the Henry Ford Museum and Smithsonian National
`
`Museum of American History.
`
`10.
`
`In the early 1900s, Frank Andrea, an Italian immigrant, started his business
`
`career. He began as an electroplater for I.P. Frink manufacturing company and studied at night
`
`as a tool maker and machinist at the Mechanic's Institute in New York City. In 1913 he joined
`
`the Frederick Pierce Company and, after the outbreak of World War I, worked to design tools to
`
`manufacture parts for a new ai!craft radio receiver that he had built. Mr. Andrea soon thereafter
`
`started his own company, F ADA.
`
`11.
`
`As founder ofF ADA, Mr. Andrea employed his family members, including his
`
`16 year-old brother, John. F ADA picked up momentum when Mr. Andrea convinced Marconi,
`
`the predecessor of RCA, to place an order for radio parts. F ADA began manufacturing parts for
`
`-3-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 3
`
`

`
`crystal sets and "Do It Yourself' kits. F ADA also soon began manufacturing parts such as
`
`sockets and rheostats for tube type radios.
`
`12.
`
`After selling his controlling interest in F ADA, Mr. Andrea founded the Andrea
`
`Radio Corporation ("Andrea Radio"), whose product offerings evolved over time. In 1939,
`
`Andrea Radio developed and produced one of the first television sets, which was displayed at the
`
`World's Fair in Queens, New York. Andrea Radio sold TV kits and the first television console
`
`models tha~ also housed a radio and phonograph. In 1954, Andrea Radio began developing a
`
`color television and introduced a set in 1957.
`
`13.
`
`During the Second World War, Andrea Radio also engaged in the production of
`
`military electronics. In 1942, Andrea Radio was presented with the prestigious high honors
`
`Navy E Award for manufacturing excellence and providing military audio communications
`
`equipment. In the early 1960s, Andrea Radio developed and produced several types of high
`
`reliability intercommunication systems for installation in various military and commercial
`
`aircraft. Andrea Radio produced the audio intercom system for Project Mercury's first manned
`
`spacecraft.
`
`14. Mr. Andrea passed away in 1965, leaving his son, Frank Jr., to continue the
`
`Andrea business.
`
`15.
`
`In the 1970s and 1980s, Andrea Radio became a premier supplier of high
`
`performance avionic intercom equipment for defense industry manufacturers like Bell
`
`Helicopter, Boeing, Sikorsky, and Lockheed, prompting Andrea Radio to change its name to
`
`Andrea Electronics Corporation. Andrea produced microphone audio pre-amplifiers for Navy
`
`aviators' oxygen mask helmet systems. The experience gained from producing audio intercom
`
`-4-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 4
`
`

`
`systems for these high noise environments paved the way for Andrea's emphasis on active noise
`
`cancellation.
`
`16.
`
`Product development continued in the 1990s with Andrea producing the first
`
`Active Noise Canceling boom microphone computer headset for deployment with computer
`
`speech recognition. Andrea shipped millions of headsets and microphone products to software
`
`OEMs. In 1998, Andrea developed and produced the first digital array microphone for
`
`commercial use, providing hands-free voice command and control functionality. In 1999,
`
`Andrea developed and produced the first USB headset as well as the first desktop digital array
`
`microphone.
`
`17.
`
`In the 2000s, Andrea broadened the application of its product offerings. In 2001,
`
`it developed and produced digital noise canceling array microphones for speech control systems
`
`in police cruisers. In 2002, Andrea revolutionized PC audio input by introducing the first stereo
`
`array microphone interface for integrated audio codecs. By the late 2000s, Andrea had shipped
`
`over one million SuperBeam stereo array microphones, and millions ofDSDA stereo array
`
`microphone and EchoStop speakerphone products.
`
`18.
`
`Andrea has continued its innovation and offers microphone and earphone
`
`technologies designed to enhance sound quality. Andrea, now led by Frank Andrea's grandson,
`
`Douglas Andrea, successfully transformed itself from a manufacturer of industrial and military
`
`intercommunication systems into a creator of cutting-edge audio technologies. Andrea
`
`incorporates its patented technologies to enable natural language -interfaces and enhance the
`
`performance of voice-related applications.
`
`19.
`
`Today, Andrea offers a variety of products incorporating its technologies such as
`
`printed circuit boards, microphones, software algorithms, and related products. Since its
`
`-5-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 5
`
`

`
`inception, Andrea has gone through a remarkable evolution as an audio technology leader,
`
`meeting the ever-changing needs of a demanding audio communications marketplace.
`
`20.
`
`As a result of the convergence between computers and communication devices, a
`
`new generation of connected mobile devices is becoming pervasive. Andrea has developed and
`
`continues developing new products incorporating its technologies to enhance the user experience
`
`of mainstream applications such as speech recognition, VolPI video conferencing, distance
`
`learning, enterprise collaboration, game chat, and live digital audio recordings.
`
`21.
`
`In addition to its own significant engineering, research, and development into
`
`audio processing technologies, Andrea also worked extensively with Lamar Signal Processing
`
`("Lamar"). Andrea eventually acquired substantially all of the assets of Lamar in 1998 such that
`
`Lamar became an Andrea subsidiary. In the early 2000s, Andrea began licensing its software
`
`algorithms in a number of industries, including the personal computer industry, and these
`
`algorithms have now shipped on well over 600 million personal computers from 2002 to the
`
`present.
`
`22.
`
`Andrea and Lamar's efforts resulted in approximately thirty (30) issued United
`
`States utility and design patents, including fourteen (14) currently-effective United States utility
`
`patents owned by Andrea, including the Asserted Patents. Andrea's development efforts also
`
`include at least one (1) currently-pending Unit~d States patent application directed to Andrea's
`
`audio processing technology.
`
`23.
`
`Andrea has made concerted efforts to deliver its patented technology and products
`
`to a number of customers and has made significant contributions towards developing its
`
`technology for use across a broad spectrum of industries. Andrea's continued success and
`
`investments in advancing its proprietary audio processing technology depends, in part, on its
`
`-6-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 6
`
`

`
`ability to establish, maintain, and protect this proprietary technology through enforcement of its
`
`patent rights.
`
`B.
`
`Respondents
`
`24. With regard to Respondents, Andrea alleges the following upon information and
`
`belief:
`
`1.
`
`Apple Inc.
`
`25.
`
`·Apple Inc. is a corporation organized and existing under the laws of the state of
`
`California, with its principal place of business at 1 Infinite Loop, Cupertino, California 95014.
`
`Apple Inc. is in the business of designing, developing, manufacturing, making, marketing,
`
`offering for sale, selling, importing, and supporting audio processing hardware, software, and/or
`
`products containing the same including, without limitation, desktop computers, ali-in-one
`
`computers, notebook/laptop computers, tablets, smart phones, headsets, headphones, earbuds,
`
`and wearables (e.g.,watches) in the United States, that are manufactured outside ofthe United
`
`States.
`
`2.
`
`Samsung Electronics Co., Ltd.
`
`26.
`
`Samsung Electronics Co., Ltd. is a corporation organized and existing under the
`
`laws ofKorea, with its principal place of business at 129, Samsung-ro, Yeongtong-gu, Suwon-si,
`
`Gyeonggi-do, Korea. Samsung Electronics Co., Ltd. is the corporate parent of, or otherwise in
`
`control of, Samsung Electronics America, Inc. Samsung Electronics Co., Ltd. is in the business
`
`of designing, developing, making, marketing, offering for sale, selling, importing, and supporting
`
`products containing audio processing hardware and/or software including, without limitation,
`
`desktop computers, ali-in-one computers, notebook/laptop computers, Chromebook computers,
`
`tablets, smart phones, headsets, headphones, earbuds, and wearables (e.g., watches), that are
`
`manufactured outside of the United States.
`
`-7-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 7
`
`

`
`3.
`
`Samsung Electronics America, Inc.
`
`27.
`
`Samsung Electronics America, Inc. is a corporation organized and existing under
`
`the laws of the state ofNew York, with its principal place ofbusiness at 85 Challenger Road,
`
`Ridgefield Park, NJ 07660. Samsung Electronics America, Inc. is a wholly-owned subsidiary of
`
`or otherwise controlled by Samsung Electronics Co., Ltd. Samsung Electronics America, Inc. is
`
`in the business of marketing, offering for sale, selling, importing, and supporting products
`
`containing audio processing hardware and/or software including, without limitation, desktop
`
`computers, all-in-one computers, notebook/laptop computers, Chromebook computers, tablets,
`
`smart phones, headsets, headphones, earbuds, and wearables (e.g., watches) in the United States,
`
`that are manufactured outside of the United States. Samsung Electronics America, Inc. is
`
`responsible for all of Samsung Electronics Co., Ltd.'s activities taking place in the United States
`
`with respect to such products, including the importation of goods into the United States from
`
`foreign countries and the sales and marketing of such goods in the United States. Samsung
`
`Electronics Co., Ltd. and Samsung Electronics America, Inc. are referred to collectively as
`
`"Samsung."
`
`III.
`
`THE ASSERTED PATENTS
`
`28.
`
`The '607 Patent, titled "Interference Canceling Method and Apparatus," is
`
`properly assigned to Andrea, as shown in the certified copy of the assignment records, attached
`
`as Exhibit 4.
`
`29.
`
`The '345 Patent, titled "System, Method, and Apparatus for Cancelling Noise," is
`
`properly assigned to Andrea, as shown in the certified copy of the assignment records, attached
`
`as Exhibit 5.
`
`-8-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 8
`
`

`
`30.
`
`The '637 Patent, titled "Sub-Band Exponential Smoothing Noise Canceling
`
`System," is properly assigned to Andrea, as shown in the certified copy of the assignment
`
`records, attached as Exhibit 6.
`
`A.
`
`The '607 Patent
`
`31.
`
`Pursuant to Commission Rules 210.12(a)(9)(i)-(ii), a certified copy ofthe '607
`
`Patent and a certified copy of the assignment records for the '607 Patent are attached hereto as
`
`Exhibits 1 and 4, respectively. Appendix A, pursuant to Commission Rule 210.12(c)(l),
`
`contains one certified copy of the U.S. Patent and Trademark Office prosecution history for the
`
`'607 Patent plus three additional copies thereof. Appendix B, pursuant to Commission Rule
`
`210.12(c)(2), contains four copies of each patent and the applicable pages of each technical
`
`reference mentioned in the prosecution history of the '607 Patent.
`
`32.
`
`33.
`
`The '607 Patent was filed on September 18, 1998 and issued on April II, 2000.
`
`The '607 Patent has thirty-seven (37) claims, including three (3) independent
`
`claims (claims 1, 13, and 25) and thirty-four (34) dependent claims. Andrea is asserting claims
`
`1-12 arid 25-37 ofthe '607 Patent:
`
`Apple
`
`1-12 and 25-37
`
`Samsung
`
`1-12 and 25-37
`
`1.
`
`Foreign Counterparts to the '607 Patent
`
`34.
`
`Andrea, pursuant to Commission Rule 210.12(a)(9)(v), identifies the following
`
`foreign patents and patent applications related to the asserted '607 Patent:
`
`AU}924799 (A), CA2344480 (AI), EP1166544 (AI), EP1166544
`(A4), JP2002525982 (A), W00018099 (AI).
`
`-9-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 9
`
`

`
`35.
`
`In accordance with Commission Rule 210.12(a)(9)(v), Andrea states that it is
`
`aware of no other foreign counterparts issued, filed, denie~, abandoned, or withdrawn, relating to
`
`the asserted '607 Patent.
`
`B.
`
`The '345 Patent
`
`36.
`
`Pursuant to Commission Rules 210.12(a)(9)(i)-(ii), a certified copy ofthe '345
`
`Patent and a certified copy of the assignment records for the '345 Patent are attached hereto as
`
`Exhibits 2 and 5, respectively. Appendix C, pursuant to Commission Rule 210.12(c)(1), contains
`
`one certified copy ofthe U.S. Patent and Trademark Office prosecution history for the '345
`
`Patent plus three additional copies thereof. Appendix D, pursuant to Commission Rule
`
`21 0.12( c )(2), contains four copies of each patent and the applicable pages of each technical
`
`reference mentioned in the prosecution history of the '345 Patent.
`
`37.
`
`The '345 Patent was filed on February 18, 1999 and issued on March 26, 2002.
`
`38.
`
`The '345 Patent has forty-seven (47) claims, including three (3) independent
`
`claims (claims 1, 26, and 38), and forty-four (44) dependent claims. Andrea is asserting claims
`
`1-25, 38-40, and 42-47 ofthe '345 Patent:
`
`Apple
`
`1-25, 38-40, and 42-47
`
`Samsung
`
`1-25, 38-40, and 42-47
`
`1.
`
`Foreign Counterparts to the '345 Patent
`
`39.
`
`Andrea, pursuant to Commission Rule 210.12(a)(9)(v), identifies the following
`
`foreign patents and patent applications related to the asserted '345 Patent:
`
`CA2358710 (AI); CN1348583 (A); EP1157376 (Al);
`JP2002537586 (A); W00049602 (A1).
`
`:..}0-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 10
`
`

`
`40.
`
`In accordance with Commission Rule 210.12(a)(9)(v), Andrea states that it is
`
`aware of no other foreign counterparts issued, filed, denied, abandoned, or withdrawn, relating to
`
`the asserted '345 Patent.
`
`C.
`
`The '637 Patent
`
`41.
`
`Pursuant to Commission Rules 210.12(a)(9)(i)-(ii), a certified copy of the '637
`
`Patent and a certified copy of the assignment records for the '63 7 Patent are attached hereto as
`
`Exhibits 3 and 6, respectively. Appendix E, pursuant to Commission Rule 210.12(c)(l), contains
`
`one certified copy of the U.S. Patent and Trademark Office prosecution history for the '637
`
`Patent plus three additional copies thereof. Appendix F, pursuant to Commission Rule
`
`21 0.12( c )(2), contains four copies of each patent and the applicable pages of each technical
`
`reference mentioned in the prosecution history of the '637 Patent.
`
`· 42.
`
`The '637 Patent was filed on July 12, 2000 and issued on April23, 2002.
`
`43.
`
`The '637 Patent has fourteen (14) claims, including two (2) independent claims
`
`(claims 1 and 8), and twelve (12) dependent claims. Andrea is asserting claims 1-14 of the '637
`
`Patent:
`
`Apple
`
`Samsung
`
`1-14
`
`1-14
`
`1.
`
`Foreign Counterparts to the '637 Patent
`
`44.
`
`Andrea, pursuant to Commission Rule 210.12(a)(9)(v), identifies the following
`
`foreign patents and patent applications related to the asserted '637 Patent:
`
`AU6988901 (A), CA2416128 (Al), CN1460323 (A), EP1316088
`(A2), JP2004502977 (A), W00205262 (A2), W00205262 (A3),
`
`-11-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 11
`
`

`
`45.
`
`In accordance with Commission Rule 210.12(a)(9)(v), Andrea states that it is
`
`aware of no other foreign counterparts issued, filed, denied, abandoned, or withdrawn, relating to
`
`the asserted '63 7 Patent.
`
`Licenses and Other Rights Regarding the Asserted Patents
`
`License and other rights in the Asserted Patents are set forth in Confidential
`
`D.
`
`46.
`
`Exhibit 21.
`
`IV.
`
`NON-TECHNICAL DESCRIPTION OF THE PATENTED TECHNOLOGY
`
`47.
`
`Andrea's patented technology generally relates to the field of audio processing,
`
`with a particular focus on processing audio signals to remove noise and interference. Andrea's
`
`patented technology enables communication between electronic devices with enhanced clarity(cid:173)
`
`even if that communication takes place in a noisy environment.
`
`48.
`
`Andrea's patented technology has a broad range of applications. For example,
`
`Andrea's patented technology has been implemented in laptop and desktop computers, enabling
`
`noise-free communication through computers, even in a noisy environment such as a coffee
`
`shop. In another example, Andrea's patented technology has been implemented in automobiles,
`
`allowing hands-free communication through a vehicle's audio system while reducing engine and
`
`road noises typically present when operating a vehicle.
`
`B.
`
`The '607 Patent- Interference Canceling Method and Apparatus
`
`49.
`
`Andrea's '607 Patent describes a method and apparatus for cancelling an
`
`interference signal from a target signal. The interference signal is used as a reference to estimate
`
`the interference present in the target signal, thereby allowing the interference to be adaptively
`
`filtered out of the target signal. The apparatus and method described in Andrea's '607 Patent
`
`also includes a beam-splitter that splits the target and interference signals into a number of
`
`-12-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 12
`
`

`
`·frequency bands. The beam-splitter allows adaptive filters to be optimized for each frequency
`
`band, thus allowing the filters to quickly eliminate the interference signal.
`
`50.
`
`One practical application of Andrea's '607 Patent is the ability to effectively .
`
`cancel or eliminate echoes during full-duplex teleconferences. Echoes are generated during full-
`
`duplex teleconferences because the microphone on a near-end system will pick up any signals
`
`generated from a far-end signal broadcast on the near-end system (e.g., when the far-end.
`
`speaker's voice is being played through the speakers on the near-end system). As a result, the
`
`far-end signals broadcast on the near-end system will be sent back to the far-end, resulting in an
`
`'
`echo. The method and apparatus described in the '607 Patent not only eliminates the
`
`interference by using the far-end signal as a reference but does so in an efficient manner by
`
`beam-splitting the target signal and the interference signal.
`
`C.
`
`The '345 Patent- System, Method and Apparatus for Cancelling Noise
`
`51.
`
`Andrea's '345 Patent describes a method and apparatus for detecting and
`
`cancelling noise from an audio signal. To detect the noise in an audio signal, the method and
`
`apparatus ofthe '345 Patent generate a frequency spectrum of the audio signal, including
`
`generating frequency bins of the audio signal. Noise in the audio signal is then detected by
`
`comparing the magnitude of each frequency bin against a threshold set for each frequency bin. If
`
`the magnitude of a frequency bin is below the threshold of that frequency bin, then the noise in
`
`that frequency bin has been detected. The '345 Patent reduces complexity in the noise
`
`estimation process and prevents the erroneous cancellation of desired voice or audio signals.
`
`D.
`
`The '637 Patent- Sub-Band Exponential Smoothing Noise Canceling System
`
`52.
`
`Andrea's '637 Patent describes a noise canceling method and apparatus for
`
`cancelling noise by time domain processing sub-bands of a digital input signal. The input signal
`
`is divided into a number of frequency-limited time-domain sub-bands. Each sub-band is then
`
`-13-
`
`Petitioner Apple Inc.
`Ex. 1022, p. 13
`
`

`
`processed by a noise processor to reduce· the noise signal in each sub-band while maintaining the
`
`desired signal (e.g., voice). The noise processed bands are then recombined into a digital output
`
`signal. The noise processing approach described and claimed in the '637 Patent reduces
`
`computational complexity, thus avoiding latency problems that can cause difficulties in real-time
`
`applications.
`
`V.
`
`UNFAIR ACTS OF THE RESPONDENTS
`
`53.
`
`Respondents are engaged in the importation, the sale for importation, and/or the
`
`sale within the United States after importation of certain audio processing hardware, software,
`
`and products containing the same including, without limitation desktop. computers, all-in-one
`
`computers, notebook/laptop computers, Chromebook computers, tablets, smart phones, headsets,
`
`headphones, earbuds, and wearables (e.g., watches), which infringe at least one claim of each of
`
`the