`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`KOSS CORPORATION,
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`6-20-CV-00665-ADA
`
`CLAIM CONSTRUCTION ORDER
`
`The Court provided its preliminary constructions on April 22, 2021. The Court held a
`
`claim construction hearing on April 23, 2021, during which the Court heard argument on the
`
`claim terms: “a remote, network-connected server that is in wireless communication with the
`
`mobile, digital audio player” (’025 Patent – claim 1) (’934 Patent – claims 1 and 58); “in a
`
`second audio play mode, the earphones play audio content streamed from the remote, network-
`
`connected server” (’025 Patent – claims 2, 12, 21, 30, and 42) (’934 Patent – claims 2, 15, 24,
`
`36, and 59) (ʼ982 Patent – claim 3); “upon activation of the microphone by the user, data are
`
`transmitted about the headphone assembly to a remote device” (’025 Patent – claims 8, 18, 27,
`
`36, and 48) (’934 Patent – claims 7, 21, 30, 45, and 61); “host servers” (’451 Patent – claims 1
`
`and 18); “a passive, wireless rechargeable power source” (’982 Patent – claim 17) (’325 Patent –
`
`claims 8 and 17). ECF No. 77.
`
`After careful consideration of the parties’ briefs, oral argument, and the applicable law,
`
`the Court enters its final constructions for each term as shown below.
`
`Claim Term
`
`Court
`
`“a remote, network-connected server that is in
`wireless communication with the mobile, digital
`audio player”
`(’025 Patent – claim 1)
`
`Plain and ordinary meaning
`
`Page 1 of 2
`
`KOSS-2010
`IPR2021-00255
`
`
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`(’934 Patent – claims 1 and 58)
`“the processor is for, upon activation of a user-
`control of the headphone assembly, initiating
`transmission of a request to the remote, network-
`connected server”
`
`(’025 Patent – claim 1)
`(’934 Patent – claims 1 and 58)
`(ʼ982 Patent – claim 4)
`(ʼ325 Patent – claim 3)
`“in a second audio play mode, the earphones play
`audio content streamed from the remote, network-
`connected server”
`(’025 Patent – claims 2, 12, 21, 30, and 42)
`(’934 Patent – claims 2, 15, 24, 36, and 59)
`(ʼ982 Patent – claim 3)
`“a signal strength [level] for the second wireless
`communication link”
`(’025 Patent – claims 4, 5, 7, 9, 14, 15, 17, 19, 23,
`24, 26, 28, 32, 33, 35, 37, 44, 45, 47, 49, and 50)
`(’934 Patent – claims 4, 6, 8, 12, 13, 17, 18, 20, 22,
`26, 27, 29, 31, 38, 40, 41, 44, and 58)
`(’982 Patent – claims 6 and 11)
`(’325 Patent – claims 5 and 11)
`“upon activation of the microphone by the user,
`data are transmitted about the headphone assembly
`to a remote device”
`(’025 Patent – claims 8, 18, 27, 36, and 48)
`(’934 Patent – claims 7, 21, 30, 45, and 61)
`“the processor circuits of the headphones are
`configured to receive firmware upgrades
`transmitted from a remote network server”
`(’155 Patent – claim 13)
`(’934 Patent – claims 1, 9, 46, 62)
`(’325 Patent – claim 9)
`“host servers”
`(’451 Patent – claims 1 and 18)
`“a passive, wireless rechargeable power source”
`(’982 Patent – claim 17)
`(’325 Patent – claims 8 and 17)
`
`IT IS SO ORDERED.
`
`SIGNED this 2nd day of June, 2021.
`
`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDG
`
`Page 2 of 2
`
`KOSS-2010
`IPR2021-00255
`
`
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