IN THE UNITED STATES DISTRICT COURT
`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 SUPPLEMENTAL PRELIMINARY INFRINGEMENT CONTENTIONS
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`Plaintiff StratosAudio Inc. (“Plaintiff’) provides the following Supplemental Preliminary
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`Infringement Contentions to defendant Hyundai Motor America (hereinafter refeferred to as
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`“Hyundai” or “Defendant”). This disclosure is based on the information available to Plaintiff as
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`of the date of this disclosure, and Plaintiff reserves the right to amend this disclosure to the full
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`extent 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, 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. 9,294,806 (“’806 patent”), claims 5-8, and 10
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`StratosAudio Exhibit 2009
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 1 of 5
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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 to Plaintiff’s Preliminary Infringement Contentions served
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`on May 14, 2021 and the claim charts served herewith. Plaintiff’s Preliminary Infringement
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`Contentions served on May 14, 2021 and attached exhibits are incorporated herein by reference.
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`Plaintiff’s analysis is based on certain limited information that is publicly available or
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`produced by Defendant to date, and Plaintiff’s own investigation prior to any discovery in this
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`action. Plaintiff reserves the right to amend or supplement these disclosures to the full extent
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`consistent with the Court’s Rules and Orders.
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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 of February 5, 2008.
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`At this time, and based on currently available evidence, Plaintiff contends the earliest
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`corroborated date of invention for the ’081 patent is October 5, 2007. The Asserted Claims of
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`the ’028 patent are entitled to a priority date of September 13, 2000. At this time, and based on
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`currently available evidence, Plaintiff contends the earliest corroborated date of invention for the
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`’028 patent is January 6, 2000. The Asserted Claims of the ’307 patent are entitled to a priority
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`date of September 13, 2000. At this time, and based on currently available evidence, Plaintiff
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`contends the earliest corroborated date of invention for the ’307 patent is January 6, 2000. The
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`Asserted Claims of the ’843 patent are entitled to a priority date of February 5, 2008. At this
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`time, and based on currently available evidence, Plaintiff contends the earliest corroborated date
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`of invention for the ’843 patent is September 13, 2007. The Asserted Claims of the ’806 patent
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`are entitled to a priority date of February 5, 2008. At this time, and based on currently available
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`StratosAudio Exhibit 2009
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 2 of 5
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`evidence, Plaintiff contends the earliest corroborated date of invention for the ’806 patent is
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`September 13, 2007. The Asserted Claims of the ’405 patent are entitled to a priority date of
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`February 5, 2008. At this time, and based on currently available evidence, Plaintiff contends the
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`earliest date of invention for the ’405 patent is October 5, 2007.
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`III. DOCUMENT PRODUCTION
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`Documents Bates numbered STRATOS_00000001 - STRATOS_00247658 were
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`previously produced. Documents Bates numbered STRATOS_00247659 -
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`STRATOS_00247678 are being produced concurrently herewith. These documents include
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`documents related to the invention date for the Asserted Patents.
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`Date: September 27, 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)
`Henry Huang (admitted pro hac vice)
`2 Palo Alto Square, 3000 El Camino Real, #900
`Palo Alto, CA 94306
`Tel: 650-213-0300
`lamberson@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)
`Daniel S. Sternberg (admitted pro hac vice)
`75 State Street
`Boston, MA 02109
`Tel: 617-979-9300
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`StratosAudio Exhibit 2009
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 3 of 5
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`charles.larsen@whitecase.com
` dan.sternberg@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 2009
`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 27th day of September 2021, I served via e-mail the attorneys
`of record for Defendants.
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` /s/ Jonathan Lamberson
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`StratosAudio Exhibit 2009
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 5 of 5
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