UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Case No. 6:20-cv-00665
`
`KOSS CORPORATION,
`
`Plaintiff,
`
`v.
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`APPLE, INC.,
`
`Defendant.
`
`PLAINTIFF KOSS CORPORATION’S
`PRELIMINARY INFRINGEMENT CONTENTIONS
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`Pursuant to this Court’s sample order governing patent cases,1 Plaintiff Koss Corporation
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`(“Koss”) hereby provides its initial infringement contentions and accompanying claim charts
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`(“Infringement Contentions”) to Defendant Apple, Inc. (“Apple” or “Defendant”).
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`I.
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`INTRODUCTION
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`These Infringement Contentions are based in whole or in part on Koss’ current knowledge,
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`its current understanding of the proper construction of the asserted claims of U.S. Patent Nos.
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`10,206,025 (“the ‘025 Patent”); 10,298,451 (“the ‘451 Patent”); 10,469,934 (“the ‘934 Patent”);
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`10,491,982 (“the ‘982 Patent”); and 10,506,325 (“the ‘325 Patent”) (collectively, the “Koss
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`Patents-in-Suit”), and its investigation to date. As fact discovery has not yet begun, and will not
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`1 A schedule has yet to be entered in this case, however Koss provides these Initial Infringement
`Contentions consistent with the Default Schedule for this Court, which requires preliminary
`infringement contentions seven days before the case management conference.
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`until after the Markman process under this Court’s default schedule, and as Defendant’s core
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`technical documents are not scheduled to be produced until seven weeks after the CMC (which is
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`deemed to have been held on November 13, 2020), these contentions are preliminary and Koss
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`reserves its right to supplement upon the discovery of additional information.
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`Further, given that the parties have not yet identified proposed terms for construction from
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`the Koss Patents-in-Suit or provided proposed constructions for terms in the Koss Patents-in-Suit,
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`and that the Court has not yet made any claim construction ruling in this action, Koss’ Infringement
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`Contentions herein may be made in a variety of alternatives, and not all interpretations are intended
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`to be consistent with each other and/or Koss’ other contentions in this action, and should not be
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`otherwise construed. Koss’ Infringement Contentions do not constitute admissions or adoptions
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`of any particular claim scope or construction. Koss’ Infringement Contentions may apply a variety
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`of constructions in order to provide as full a disclosure as possible in advance of claim
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`construction. Koss objects to any attempt to deduce claim construction positions from these
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`Infringement Contentions.
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`II.
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`OVERVIEW OF THE INFRINGEMENT CONTENTIONS
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`Koss contends certain Apple-branded and Apple-sold products and/or systems
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`(collectively, “Accused Products”) infringe, directly and/or indirectly, either literally or under the
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`doctrine of equivalents, the following claims of the ‘025 Patent, the ‘451 Patent, the ‘934 Patent,
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`the ‘982 Patent and the ‘325 Patent:
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`•
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`Claims 1–56 of the ‘025 Patent;
`o Apple- and Beats- branded headphones, including Airpods, Airpods Pro,
`Powerbeats Pro, Powerbeats, Solo Pro, Solo3, Studio3, and any other product that
`functions in substantially the same manner as reflected in the attached charts, A-
`1–A-7.
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`•
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`Claims 1–7, 9–14, and 16–21 of the ‘451 Patent;
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`o Apple HomePod, and any other product that functions in substantially the same
`manner as reflected in the attached chart, B-1.
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`Claims 1–62 of the ‘934 Patent; and
`o Apple- and Beats- branded headphones, including Airpods, Airpods Pro,
`Powerbeats Pro, Powerbeats, Solo Pro, Solo3, Studio3, and any other product that
`functions in substantially the same manner as reflected in the attached charts, C-1
`- C-7.
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`Claims 1–20 of the ‘982 Patent.
`o Apple- and Beats- branded headphones, including Airpods, Airpods Pro, and any
`other product that functions in substantially the same manner as reflected in the
`attached charts, D-1–D-2.
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`Claims 1–18 of the ‘325 Patent;
`o Apple- and Beats- branded headphones, including Powerbeats Pro, and any other
`product that functions in substantially the same manner as reflected in the
`attached chart, E-1.
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`The claim charts attached hereto as Exhibits A-1–E-1 respectively illustrate how the
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`Accused Products satisfy the various elements of the asserted claims. Koss reserves the right to
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`prove infringement by relying on documents and/or portions of documents other than those cited
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`in Exhibits A-1–E-1, which are intended to be merely exemplary. Koss further reserves the right
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`to supplement and/or amend these Infringement Contentions as appropriate and as permitted under
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`this Court’s model schedule, including in response to any non-infringement or claim construction
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`theory asserted by Defendant, in response to any claim construction order issued by the Court,
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`following or in the course of fact or expert discovery, and/or upon the discovery of additional
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`relevant evidence or information.
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`Koss further reserves the right to prove infringement of any claim limitation under the
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`doctrine of equivalents in the event that claim limitation is deemed not to be satisfied literally,
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`whether due to claim construction or any other reason. Koss additionally reserves the right to
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`supplement and/or amend its Infringement Contentions relating to indirect infringement.
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`III. ADDITIONAL DISCLOSURES
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`Pursuant to the default schedule, Koss also provides the following disclosures regarding
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`the earliest priority date for the above identified asserted claims in this action. Koss reserves the
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`right to supplement these dates should additional evidence be uncovered during discovery. Further
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`produced herewith are copies of the file histories of the Patents-in-Suit.
`
`Asserted Patent/Claims
`
`Date
`
`Claims 1–56 of the ‘025
`Patent
`Claims 1–7, 9–14, and 16-
`21 of the ‘451 Patent
`Claims 1–62 of the ‘934
`Patent
`Claims 1–20 of the ‘982
`Patent
`Claims 1–18 of the ‘325
`Patent
`
`At least as early as
`January 1, 2007
`At least as early as
`July 12, 2010
`At least as early as
`January 1, 2007
`At least as early as
`January 1, 2007
`At least as early as
`January 1, 2007
`
`Bates Range of Supporting
`Documents
`KOSS_002718 - KOSS_002909
`
`KOSS_002910 - KOSS_002916
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`KOSS_002718 - KOSS_002909
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`KOSS_002718 - KOSS_002909
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`KOSS_002718 - KOSS_002909
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`Koss further has certain hard copy documents and product-type prototypes available for
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`Defendant’s inspection in Milwaukee, Wisconsin upon request at a to-be-negotiated date.
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`Additionally, accompanying this disclosure is a Koss privilege log as well as copies of the
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`file histories of the Patents-in-Suit, found at bates range KOSS_000001 - KOSS_002717.
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`
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`Dated: November 6, 2020
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`Respectfully submitted,
` /s/ Darlene F. Ghavimi -
`Darlene F. Ghavimi (TX Bar No. 24072114)
`K&L GATES LLP
`2801 Via Fortuna, Suite #350
`Austin, TX 78746
`Tel.: (512) 482-6919
`Fax: (512) 482-6859
`darlene.ghavimi@klgates.com
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`Benjamin E. Weed (admitted pro hac vice)
`Philip A. Kunz (admitted pro hac vice)
`Erik J. Halverson (admitted pro hac vice)
`Gina A. Johnson (admitted pro hac vice)
`K&L GATES LLP
`Suite 3300
`70 W. Madison Street
`Chicago, IL 60602
`Tel.: (312) 372-1121
`Fax: (312) 827-8000
`benjamin.weed@klgates.com
`philip.kunz@klgates.com
`erik.halverson@klgates.com
`gina.johnson@klgates.com
`
`Peter E. Soskin (admitted pro hac vice)
`K&L GATES LLP
`Suite 1200
`4 Embarcadero Center
`San Francisco, CA 94111
`Tel.: (415) 882-8046
`Fax: (415) 882-8220
`peter.soskin@klgates.com
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`ATTORNEYS FOR PLAINTIFF
`KOSS CORPORATION
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the foregoing document
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`has been served on November 6, 2020, via electronic mail to counsel of record for Defendant at
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`the following addresses:
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`Stephen E. McConnico (State Bar No. 13450300)
`Steven J. Wingard (State Bar No. 00788694)
`Kim Bueno (State Bar No. 24065345)
`Stephen L. Burbank (State Bar No. 24109672)
`SCOTT DOUGLASS & MCCONNICO
`Colorado Tower
`303 Colorado St., Ste. 2400
`Austin, TX 78701
`Tel: (512) 495-6300
`Fax: (512) 495-6399
`smcconnico@scottdoug.com
`swingard@scottdoug.com
`kbueno@scottdoug.com
`sburbank@scottdoug.com
`
`Michael T. Pieja
`Alan E. Littmann
`Lauren Abendshien
`GOLDMAN ISMAIL TOMASELLI BRENNAN & BAUM LLP
`200 South Wacker Dr., 22nd Floor
`Chicago, IL 60606
`Tel: (312) 681-6000
`Fax: (312) 881-5191
`mpieja@goldmanismail.com
`alittmann@goldmanismail.com
`labendshien@goldmanismail.com
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`/s/ Darlene F. Ghavimi
`Darlene F. Ghavimi
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`EXHIBIT A-1
`EXHIBIT A—l
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`1
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`October 9, 2019
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`7
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`- 1 -
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`https://www.apple.com/airpods-pro/
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`stores digital audio content, for example, a smartphone or other connectable device.
`Apple AirPods Pro headphones are configured to connect to a mobile digital audio player that
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`
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`stores digital audio content;
`a mobile, digital audio player that
`1a. A system comprising:
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`Apple Infringement Chart
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`8
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`- 2 -
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`https://www.apple.com/airpods-pro/
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`
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`communication with the mobile digital audio player.
`Apple AirPods Pro headphones are a headphone assembly separate from and in wireless
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`
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`digital audio player,
`communication with the mobile
`from and in wireless
`a headphone assembly, separate
`1b. and
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`9
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`- 3 -
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`https://www.apple.com/airpods-pro/
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`
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`acoustic transducer.
`Apple AirPods Pro headphones comprise a first and second earphone, each comprising an
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`
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`transducer;
`earphones comprises an acoustic
`each of the first and second
`first and second earphones, wherein
`assembly comprises:
`1c. wherein the headphone
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`10
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`- 4 -
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`https://www.apple.com/airpods-pro/
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`mobile, digital audio player via one or more ad hoc wireless communication links.
`Apple AirPods Pro headphones include an antenna for receiving wireless signals from the
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`
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`links;
`ad hoc wireless communication
`digital audio player via one or more
`wireless signals from the mobile,
`1d. an antenna for receiving
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`11
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`- 5 -
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`https://www.apple.com/airpods-pro/
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`transmitting wireless signals to and from the headphone assembly.
`least one antenna, wherein the at least one wireless communication circuit is for receiving and
`Apple AirPods Pro headphones include a wireless communication circuit connected to the at
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`
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`headphone assembly;
`wireless signals to and from the
`for receiving and transmitting
`wireless communication circuit is
`antenna, wherein the at least one
`circuit connected to the at least one
`1e. a wireless communication
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`12
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`- 6 -
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`https://www.apple.com/airpods-pro/
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`Apple AirPods Pro headphones include a processor.
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`1f. a processor;
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`13
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`- 7 -
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`https://www.apple.com/airpods-pro/
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`and
`powering the headphone assembly;
`1g. a rechargeable battery for
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`Apple AirPods Pro headphones include a rechargeable battery.
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`14
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`- 8 -
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`https://www.apple.com/airpods-pro/
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`headphones.
`Apple AirPods Pro headphones include a microphone for picking up utterances of a user of the
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`headphone assembly; and
`utterances by a user of the
`1h. a microphone for picking up
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`15
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`- 9 -
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`https://support.apple.com/en-us/HT210643
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`that is in wireless communication with the mobile, digital audio player.
`Apple AirPods Pro headphones are configured to utilize a remote, network-connected server
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`digital audio player;
`communication with the mobile,
`server that is in wireless
`1i. a remote, network-connected
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`- 10 -
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`https://www.apple.com/airpods-pro/
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`assembly from the mobile, digital audio player is playable by the first and second earphones.
`wireless communication links, such that the digital audio content received by the headphone
`transmitting digital audio content to the headphone assembly via the one or more ad hoc
`Apple AirPods Pro headphones are configured to connect to a mobile, digital audio player for
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`
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`and second earphones;
`audio player is playable by the first
`assembly from the mobile, digital
`received by the headphone
`such that the digital audio content
`hoc wireless communication links,
`assembly via the one or more ad
`audio content to the headphone
`player is for transmitting digital
`1j. wherein the mobile, digital audio
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`https://www.apple.com/airpods-pro/
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`remote, network-connected server.
`Apple AirPods Pro headphones include a processor for initiating a transmission request to the
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`Infringement of Claim 1 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`remote, network-connected server.
`transmission of a request to the
`headphone assembly, initiating
`activation of a user-control of the
`wherein the processor is for, upon
`1k. and
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`18
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`- 12 -
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`https://www.apple.com/airpods-pro/
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`wireless communication links.
`headphone assembly from the mobile, digital audio player via the one or more ad hoc
`play audio content stored on the mobile, digital audio player and transmitted to the
`Apple AirPods Pro includes a first audio play mode, wherein the first and second earphones
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`For at least the reasons set forth above in Claim 1, Apple AirPods Pro includes a system.
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`Infringement of Claim 2 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`hoc wireless communication links;
`audio player via the one or more ad
`assembly from the mobile, digital
`transmitted to the headphone
`mobile, digital audio player and
`play audio content stored on the
`mode, the first and second earphones
`2b. wherein: in a first audio play
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`2a. The system of claim 1,
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`https://www.apple.com/ios/ios-14/
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`https://support.apple.com/en-us/HT210643
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`content streamed from the remote, network-connected server.
`Apple AirPods Pro includes a second audio play mode, wherein the earphones play audio
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`connected server.
`streamed from the remote, network-
`the earphones play audio content
`2c. and in a second audio play mode,
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`- 14 -
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`https://www.apple.com/airpods-pro/
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`wherein the processor of the headphone assembly is further for the below.
`For at least the reasons set forth above in Claim 2, Apple AirPods Pro includes a system,
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`Infringement of Claim 3 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`of the microphone by the user;
`microphone in response to activation
`the user picked up by the
`3b. processing audible utterances by
`assembly is further for:
`the processor of the headphone
`3a. The system of claim 2, wherein
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`microphone in response to activation of the microphone by the user.
`Apple AirPods Pro includes processing audible utterances by the user picked up by the
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`https://www.apple.com/airpods-pro/
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`via the one or more ad hoc wireless communication links.
`Apple AirPods Pro includes transmitting a communication based on the audible utterances
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`hoc wireless communication links.
`utterances via the one or more ad
`communication based on the audible
`3c. and transmitting a
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`https://www.apple.com/airpods-pro/
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`4a. The system of claim 3, wherein: For at least the reasons set forth above in Claim 3, Apple AirPods Pro includes a system.
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`Infringement of Claim 4 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`Apple AirPods Pro includes a mobile, digital audio player as a first digital audio source.
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`is a first digital audio source;
`4b. the mobile, digital audio player
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`https://www.apple.com/ios/ios-14/
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`https://support.apple.com/en-us/HT210643
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`digital audio source.
`Apple AirPods Pro includes a second digital audio source that is different from the first
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`source;
`different from the first digital audio
`second digital audio source that is
`4c. the system further comprises a
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`https://www.apple.com/ios/ios-14/
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`https://support.apple.com/en-us/HT210643
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`based on, at least, a signal strength level for the second wireless communication link.
`wirelessly from the second digital audio source via a second wireless communication link
`Apple AirPods Pro headphone assembly transitions to play digital audio content received
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`communication link.
`level for the second wireless
`based on, at least, a signal strength
`second wireless communication link
`second digital audio source via a
`content received wirelessly from the
`transitions to play digital audio
`4d. and the headphone assembly
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`25
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`- 19 -
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`https://www.apple.com/airpods-pro/
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`audio player as a first digital audio source.
`For at least the reasons set forth in Claim 4b, Apple AirPods Pro includes a mobile, digital
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`
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`is a first digital audio source;
`5b. the mobile, digital audio player
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`5a. The system of claim 2, wherein: For at least the reasons set forth above in Claim 2, Apple AirPods Pro includes a system.
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`Infringement of Claim 5 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`26
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`- 20 -
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`https://www.apple.com/ios/ios-14/
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`https://support.apple.com/en-us/HT210643
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`audio source that is different from the first digital audio source.
`For at least the reasons set forth in Claim 4c, Apple AirPods Pro includes a second digital
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`source;
`different from the first digital audio
`second digital audio source that is
`5c. the system further comprises a
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`- 21 -
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`https://www.apple.com/ios/ios-14/
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`https://support.apple.com/en-us/HT210643
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`for the second wireless communication link.
`source via a second wireless communication link based on, at least, a signal strength level
`transitions to play digital audio content received wirelessly from the second digital audio
`For at least the reasons set forth in Claim 4d, Apple AirPods Pro headphone assembly
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`communication link.
`level for the second wireless
`based on, at least, a signal strength
`second wireless communication link
`second digital audio source via a
`content received wirelessly from the
`transitions to play digital audio
`5d. and the headphone assembly
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`- 22 -
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`https://www.apple.com/airpods-pro/
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`microphone by the user.
`utterances by the user picked up by the microphone in response to activation of the
`For at least the reasons set forth in Claim 3b, Apple AirPods Pro includes processing audible
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`wherein the processor of the headphone assembly is further for the below.
`For at least the reasons set forth above in Claim 1, Apple AirPods Pro includes a system
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`Infringement of Claim 6 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
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`of the microphone by the user;
`microphone in response to activation
`the user picked up by the
`6b. processing audible utterances by
`assembly is further for:
`the processor of the headphone
`6a. The system of claim 1, wherein
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`- 23 -
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`https://www.apple.com/airpods-pro/
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`communication links.
`communication based on the audible utterances via the one or more ad hoc wireless
`For at least the reasons set forth in Claim 3c, Apple AirPods Pro includes transmitting a
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`hoc wireless communication links.
`utterances via the one or more ad
`communication based on the audible
`6c. and transmitting a
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`https://www.apple.com/airpods-pro/
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`audio player as a first digital audio source.
`For at least the reasons set forth in Claim 4b, Apple AirPods Pro includes a mobile, digital
`
`
`
`is a first digital audio source;
`7b. the mobile, digital audio player
`
`7a. The system of claim 6, wherein: For at least the reasons set forth above in Claim 6, Apple AirPods Pro includes a system.
`
`Infringement of Claim 7 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`
`
`31
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`

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`- 25 -
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`
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`
`
`https://www.apple.com/ios/ios-14/
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`
`
`
`
`https://support.apple.com/en-us/HT210643
`
`
`
`audio source that is different from the first digital audio source.
`For at least the reasons set forth in Claim 4c, Apple AirPods Pro includes a second digital
`
`
`
`source;
`different from the first digital audio
`second digital audio source that is
`7c. the system further comprises a
`
`32
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`- 26 -
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`
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`https://www.apple.com/ios/ios-14/
`
`
`
`
`
`
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`
`
`https://support.apple.com/en-us/HT210643
`
`
`
`for the second wireless communication link.
`source via a second wireless communication link based on, at least, a signal strength level
`transitions to play digital audio content received wirelessly from the second digital audio
`For at least the reasons set forth in Claim 4d, Apple AirPods Pro headphone assembly
`
`
`
`communication link.
`level for the second wireless
`based on, at least, a signal strength
`second wireless communication link
`second digital audio source via a
`content received wirelessly from the
`transitions to play digital audio
`7d. and the headphone assembly
`
`33
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`

`

`- 27 -
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`
`
`https://www.apple.com/airpods-pro/
`
`
`
`
`
`Pro headphone assembly to a remote device.
`Upon activation of the microphone by the user, data are transmitted about the Apple AirPods
`
`
`
`
`
`For at least the reasons set forth above in Claim 1, Apple AirPods Pro includes a system.
`
`Infringement of Claim 8 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`assembly to a remote device.
`transmitted about the headphone
`microphone by the user, data are
`8b. wherein upon activation of the
`
`8a. The system of claim 1,
`
`34
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`

`

`- 28 -
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`
`
`
`
`https://www.apple.com/airpods-pro/
`
`
`
`audio player as a first digital audio source.
`For at least the reasons set forth in Claim 4b, Apple AirPods Pro includes a mobile, digital
`
`
`
`is a first digital audio source;
`9b. the mobile, digital audio player
`
`9a. The system of claim 1, wherein: For at least the reasons set forth above in Claim 1, Apple AirPods Pro includes a system.
`
`Infringement of Claim 9 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`
`
`35
`
`

`

`- 29 -
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`
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`
`
`https://www.apple.com/ios/ios-14/
`
`
`
`
`
`https://support.apple.com/en-us/HT210643
`
`
`
`audio source that is different from the first digital audio source.
`For at least the reasons set forth in Claim 4c, Apple AirPods Pro includes a second digital
`
`
`
`source;
`different from the first digital audio
`second digital audio source that is
`9c. the system further comprises a
`
`36
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`

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`- 30 -
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`
`
`https://www.apple.com/ios/ios-14/
`
`
`
`
`
`
`
`
`
`https://support.apple.com/en-us/HT210643
`
`
`
`the second wireless communication link.
`source via a second wireless communication link based on, at least, a signal strength level for
`transitions to play digital audio content received wirelessly from the second digital audio
`For at least the reasons set forth in Claim 4d, Apple AirPods Pro headphone assembly
`
`
`
`wireless communication link.
`strength level for the second
`link based on, at least, a signal
`a second wireless communication
`the second digital audio source via
`content received wirelessly from
`transitions to play digital audio
`9d. and the headphone assembly
`
`37
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`

`

`- 31 -
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`
`
`https://www.macrumors.com/2020/09/14/apple-updates-airpods-firmware-3a283/
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`
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`
`
`
`headphone assembly.
`A remote, network-connected server transmits firmware upgrades to the Apple AirPods Pro
`
`
`
`
`
`For at least the reasons set forth above in Claim 1, Apple AirPods Pro includes a system.
`
`Infringement of Claim 10 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`to the headphone assembly.
`server transmits firmware upgrades
`10b. the remote, network-connected
`
`10a. The system of claim 1,
`
`38
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`

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`- 32 -
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`https://www.apple.com/airpods-pro/
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`
`
`
`
`wherein each of the first and second earphones comprises the below.
`For at least the reasons set forth above in Claim 1, Apple AirPods Pro includes a system
`
`Infringement of Claim 40 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`communication circuit;
`transducer; a wireless
`40b. at least one acoustic
`earphones comprises:
`wherein each of the first and second
`40a. The system of claim 1,
`
`circuit.
`Apple AirPods Pro includes at least one acoustic transducer; a wireless communication
`
`
`
`
`
`39
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`- 33 -
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`
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`
`
`https://www.apple.com/airpods-pro/
`
`
`
`when the headphone assembly is worn by the user.
`Apple AirPods Pro includes a body portion that sits at least partially in an ear of the user
`
`
`
`the user;
`the headphone assembly is worn by
`partially in an ear of the user when
`40c. a body portion that sits at least
`
`40
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`

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`- 34 -
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`
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`https://www.apple.com/airpods-pro/
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`
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`
`
`Apple AirPods Pro includes an elongated portion that extends from the body portion.
`
`
`
`extends from the body portion.
`40d. and an elongated portion that
`
`41
`
`

`

`- 35 -
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`
`
`https://www.apple.com/airpods-pro/
`
`
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`
`
`earphones.
`Apple AirPods Pro includes a docking station for charging at least one of the first and second
`
`
`
`
`
`For at least the reasons set forth above in Claim 40, Apple AirPods Pro includes a system.
`
`Infringement of Claim 41 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`the first and second earphones.
`station for charging at least one of
`41b. further comprising a docking
`
`41a. The system of claim 40,
`
`42
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`

`

`
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`- 36 -
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`https://www.apple.com/airpods-pro/
`
`
`
`
`
`via the one or more ad hoc wireless communication links.
`audio player and transmitted to the headphone assembly from the mobile, digital audio player
`mode, wherein the first and second earphones play audio content stored on the mobile, digital
`For at least the reasons set forth in Claim 2b, Apple AirPods Pro includes a first audio play
`
`
`
`
`
`For at least the reasons set forth above in Claim 41, Apple AirPods Pro includes a system.
`
`Infringement of Claim 42 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`communication links;
`the one or more ad hoc wireless
`the mobile, digital audio player via
`to the headphone assembly from
`digital audio player and transmitted
`audio content stored on the mobile,
`first and second earphones play
`42b. in a first audio play mode, the
`wherein:
`42a. The system of claim 41,
`
`43
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`

`

`- 37 -
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`
`
`https://www.apple.com/ios/ios-14/
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`
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`
`
`https://support.apple.com/en-us/HT210643
`
`
`
`connected server.
`mode, wherein the earphones play audio content streamed from the remote, network-
`For at least the reasons set forth in Claim 2c, Apple AirPods Pro includes a second audio play
`
`
`
`network-connected server.
`content streamed from the remote,
`mode, the earphones play audio
`42c. and in a second audio play
`
`44
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`

`

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`- 38 -
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`https://www.apple.com/airpods-pro/
`
`
`
`
`
`microphone by the user.
`utterances by the user picked up by the microphone in response to activation of the
`For at least the reasons set forth in Claim 3b, Apple AirPods Pro includes processing audible
`
`
`
`user;
`activation of the microphone by the
`microphone in response to
`by the user picked up by the
`43b. processing audible utterances
`headphone assembly is further for:
`wherein the processor of the
`43a. The system of claim 42,
`
`For at least the reasons set forth above in Claim 42, Apple AirPods Pro includes a system.
`
`
`
`Infringement of Claim 43 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`45
`
`

`

`
`
`- 39 -
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`https://www.apple.com/airpods-pro/
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`
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`
`
`
`
`communication links.
`communication based on the audible utterances via the one or more ad hoc wireless
`For at least the reasons set forth in Claim 3c, Apple AirPods Pro includes transmitting a
`
`
`
`communication links.
`more ad hoc wireless
`audible utterances via the one or
`communication based on the
`43c. and transmitting a
`
`46
`
`

`

`- 40 -
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`
`
`
`
`https://www.apple.com/airpods-pro/
`
`
`
`audio player as a first digital audio source.
`For at least the reasons set forth in Claim 4b, Apple AirPods Pro includes a mobile, digital
`
`
`
`
`
`For at least the reasons set forth above in Claim 43, Apple AirPods Pro includes a system.
`
`Infringement of Claim 44 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`player is a first digital audio source;
`44b. the mobile, digital audio
`wherein:
`44a. The system of claim 43,
`
`47
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`

`

`- 41 -
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`
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`
`
`https://www.apple.com/ios/ios-14/
`
`
`
`
`
`https://support.apple.com/en-us/HT210643
`
`
`
`audio source that is different from the first digital audio source.
`For at least the reasons set forth in Claim 4c, Apple AirPods Pro includes a second digital
`
`
`
`source;
`different from the first digital audio
`second digital audio source that is
`44c. the system further comprises a
`
`48
`
`

`

`- 42 -
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`
`
`https://www.apple.com/ios/ios-14/
`
`
`
`
`
`
`
`
`
`https://support.apple.com/en-us/HT210643
`
`
`
`the second wireless communication link.
`source via a second wireless communication link based on, at least, a signal strength level for
`transitions to play digital audio content received wirelessly from the second digital audio
`For at least the reasons set forth in Claim 4d, Apple AirPods Pro headphone assembly
`
`
`
`wireless communication link.
`strength level for the second
`link based on, at least, a signal
`a second wireless communication
`the second digital audio source via
`content received wirelessly from
`transitions to play digital audio
`44d. and the headphone assembly
`
`49
`
`

`

`- 43 -
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`
`
`
`
`https://www.apple.com/airpods-pro/
`
`
`
`audio player as a first digital audio source.
`For at least the reasons set forth in Claim 4b, Apple AirPods Pro includes a mobile, digital
`
`
`
`
`
`For at least the reasons set forth above in Claim 42, Apple AirPods Pro includes a system.
`
`Infringement of Claim 45 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`player is a first digital audio source;
`45b. the mobile, digital audio
`wherein:
`45a. The system of claim 42,
`
`50
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`

`- 44 -
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`
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`
`
`https://www.apple.com/ios/ios-14/
`
`
`
`
`
`https://support.apple.com/en-us/HT210643
`
`
`
`audio source that is different from the first digital audio source.
`For at least the reasons set forth in Claim 4c, Apple AirPods Pro includes a second digital
`
`
`
`source;
`different from the first digital audio
`second digital audio source that is
`45c. the system further comprises a
`
`51
`
`

`

`- 45 -
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`
`
`https://www.apple.com/ios/ios-14/
`
`
`
`
`
`
`
`
`
`https://support.apple.com/en-us/HT210643
`
`
`
`the second wireless communication link.
`source via a second wireless communication link based on, at least, a signal strength level for
`transitions to play digital audio content received wirelessly from the second digital audio
`For at least the reasons set forth in Claim 4d, Apple AirPods Pro headphone assembly
`
`
`
`wireless communication link.
`strength level for the second
`link based on, at least, a signal
`a second wireless communication
`the second digital audio source via
`content received wirelessly from
`transitions to play digital audio
`45d. and the headphone assembly
`
`52
`
`

`

`
`
`- 46 -
`
`https://www.apple.com/airpods-pro/
`
`
`
`
`
`microphone by the user.
`utterances by the user picked up by the microphone in response to activation of the
`For at least the reasons set forth in Claim 3b, Apple AirPods Pro includes processing audible
`
`
`
`
`
`wherein the processor of the headphone assembly is further for the below.
`For at least the reasons set forth above in Claim 41, Apple AirPods Pro includes a system
`
`Infringement of Claim 46 of U.S. Patent No. 10,206,025 by Apple AirPods Pro
`
`user;
`activation of the microphone by the
`microphone in response to
`by the user picked up by the
`46b. processing audible utterances
`headphone assembly is further for:
`wherein the processor of the
`46a. The system of claim 41,
`
`53
`
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`

`
`
`- 47 -
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`https://www.apple.com/airpods-pro/
`
`
`
`
`
`
`
`communication links.
`communication based on the audible u