`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`STRATOSAUDIO INC.,
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`Plaintiff,
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`v.
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`HYUNDAI MOTOR AMERICA
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`Defendant.
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`Case No. 6:20-CV-01125-ADA
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
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`Plaintiff StratosAudio Inc. (“Plaintiff’) provides the following Preliminary Infringement
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`Contentions to defendant Hyundai Motor America (hereinafter refeferred to as “Hyundai” or
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`“Defendant”). This disclosure is based on the information available to Plaintiff as of the date of
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`this disclosure, and Plaintiff reserves the right to amend this disclosure to the full extent
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`consistent with the Court’s Rules and Orders.
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`I.
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`INFRINGEMENT
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`Plaintiff asserts that Defendant infringes one or more of the following claims
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`(collectively, “Asserted Claims”) of the following patents (collectively, “Asserted Patents”):
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`U.S. Patent No. 8,166,081 (“’081 patent”), claims 9-11, and 23
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`U.S. Patent No. 8,688,028 (“’028 patent”), claims 11, 14-16, and 18
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`U.S. Patent No. 8,903,307 (“’307 patent”), claims 11, 15, 16, and 18
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`U.S. Patent No. 9,584,843 (“’843 patent”), claims 10, 11, and 13
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`U.S. Patent No. 8,200,203 (“’203 patent”), claims 43, 47, 48, 51, and 52
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`StratosAudio Exhibit 2008
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 1 of 5
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`U.S. Patent No. 9,294,806 (“’806 patent”), claims 5-8, and 10
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`U.S. Patent No. 9,355,405 (“’405 patent”), claims 12, and 14-16
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`Plaintiff asserts that the Asserted Claims are infringed by the various methods and
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`apparatuses used, made, sold, offered for sale, or imported into the U.S. by Defendant, as
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`identified in the claim charts attached hereto as Exhibits 1-7 (the “Accused Consoles”).
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`Exhibits 1-7, incorporated herein in their entirety by reference, identify each element of
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`the Asserted Claims of the Asserted Patent found in the exemplary Accused Consoles.
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`Plaintiff’s analysis is based on certain limited information that is publicly available and
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`Plaintiff’s own investigation prior to any discovery in this action. Plaintiff reserves the right to
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`amend or supplement these disclsoures to the full extent consistent with the Court’s Rules and
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`Orders.
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`Plaintiff in no way intends that the Accused Consoles are limited to the methods and
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`apparatuses that are identified in the Exhibits, but instead contends that the Accused Consoles
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`are meant to refer to all methods and apparatuses that involve all similar products that practice at
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`least one of the Asserted Claims. Unless otherwise stated, Plaintiff’s assertions of infringement
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`apply to all models, variations, versions, and applications of each of the Accused Consoles since
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`issuance of the Asserted Patents, and, on information and belief, that different models, variations,
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`versions, and applications of each of the Accused Consoles all operate in the substantially the
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`same manner for purposes of infringement of the Asserted Claims.
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`With respect to the Asserted Patents, each element of each Asserted Claim is considered
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`to be literally present. Plaintiff also contends that each Asserted Claim is infringed or has been
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`infringed under the Doctrine of Equivalents in Defendant’s Accused Consoles. Plaintiff also
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`contends that Defendant directly and indirectly infringes the Asserted Claims. For example, the
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`StratosAudio Exhibit 2008
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 2 of 5
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`Accused Consoles are provided by the Defendant to others (including distributors, dealers, and
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`customers), who are actively encouraged and instructed (for example, through online instructions
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`on their website, user manuals, and information and instructions supporting sales and services by
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`others) by the Defendant to use the Accused Consoles in ways that directly infringe at least one
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`claims of each of the Asserted Patents. Defendant therefore specifically intend for and induces
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`their customers to practice at least one claim of each of the Asserted Patents through the others’
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`normal and customary use of the Accused Consoles. Other theories of infringement are set forth
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`in Exhibits 1-7.
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`II.
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`PRIORITY DATE (I.E., EARLIEST DATE OF INVENTION)
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`The Asserted Claims of the ’081 patent are entitled to a priority date at least as early as
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`February 5, 2008. The Asserted Claims of the ’028 patent are entitled to a priority date at least
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`as early as September 13, 2000. The Asserted Claims of the ’307 patent are entitled to a priority
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`date at least as early as September 13, 2000. The Asserted Claims of the ’843 patent are entitled
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`to a priority date at least as early as February 5, 2008. The Asserted Claims of the ’203 patent
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`are entitled to a priority date at least as early as March 21, 2003. The Asserted Claims of the
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`’806 patent are entitled to a priority date at least as early as February 5, 2008. The Asserted
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`Claims of the ’405 patent are entitled to a priority date at least as early as February 5, 2008.
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`III. DOCUMENT PRODUCTION
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`Documents Bates numbered STRATOS_00000001- STRATOS_00117791 are being
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`produced concurrently herewith. These documents include documents related to the Accused
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`Consoles, the priority of the Asserted Patent, as well as a copy of the file history for the Asserted
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`Patents. Original copies of certain produced documents are available for inspection. Certain
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`StratosAudio Exhibit 2008
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 3 of 5
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`email correspondences relating to the priority of the Asserted Patents are available for production
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`pending the entry of Protective Order and Discovery Order to be negotiated by the parties.
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`Date: May 13, 2021
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`Respectfully submitted,
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`WHITE & CASE LLP
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`By: /s/ Jonathan Lamberson
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`Jonathan Lamberson (admitted pro hac vice)
`Don Zhe Nan Wang (admitted pro hac vice)
`2 Palo Alto Square, 3000 El Camino Real, #900
`Palo Alto, CA 94306
`Tel: 650-213-0300
`lamberson@whitecase.com
`don.zhenan.wang@whitecase.com
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`WHITE & CASE LLP
`Michael Songer (admitted pro hac vice)
`701 Thirteenth Street, NW
`Washington DC, 20005
`Tel: 202-626-3600
`michael.songer@whitecase.com
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`WHITE & CASE LLP
`Charles Larsen (admitted pro hac vice)
`75 State Street
`Boston, MA 02109
`Tel: 617-979-9300
`charles.larsen@whitecase.com
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`FRIEDMAN, SUDER & COOKE
`Corby R. Vowell
`604 East 4th Street, Suite 200
`Fort Worth, TX 76102
`Tel: 817-334-0400
`Fax: 817-334-0401
`vowell@fsclaw.com
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`ATTORNEYS FOR PLAINTIFF
`STRATOSAUDIO, INC.
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`StratosAudio Exhibit 2008
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 4 of 5
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 13th day of May 2021, I served via FTP site the attorneys of
`record for Defendants.
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` /s/ Marcus Hidalgo
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`StratosAudio Exhibit 2008
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 5 of 5
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