IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`STRATOSAUDIO INC.,
`
`Plaintiff,
`
`v.
`
`HYUNDAI MOTOR AMERICA
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 6:20-CV-01125-ADA
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
`
`Plaintiff StratosAudio Inc. (“Plaintiff’) provides the following Preliminary Infringement
`
`Contentions to defendant Hyundai Motor America (hereinafter refeferred to as “Hyundai” or
`
`“Defendant”). This disclosure is based on the information available to Plaintiff as of the date of
`
`this disclosure, and Plaintiff reserves the right to amend this disclosure to the full extent
`
`consistent with the Court’s Rules and Orders.
`
`I.
`
`INFRINGEMENT
`
`Plaintiff asserts that Defendant infringes one or more of the following claims
`
`(collectively, “Asserted Claims”) of the following patents (collectively, “Asserted Patents”):
`
`U.S. Patent No. 8,166,081 (“’081 patent”), claims 9-11, and 23
`
`U.S. Patent No. 8,688,028 (“’028 patent”), claims 11, 14-16, and 18
`
`U.S. Patent No. 8,903,307 (“’307 patent”), claims 11, 15, 16, and 18
`
`U.S. Patent No. 9,584,843 (“’843 patent”), claims 10, 11, and 13
`
`U.S. Patent No. 8,200,203 (“’203 patent”), claims 43, 47, 48, 51, and 52
`
`- 1 -
`
`
`
`StratosAudio Exhibit 2008
`Hyundai v. StratosAudio
`IPR2021-01303
`Page 1 of 5
`
`

`

`
`
`U.S. Patent No. 9,294,806 (“’806 patent”), claims 5-8, and 10
`
`U.S. Patent No. 9,355,405 (“’405 patent”), claims 12, and 14-16
`
`Plaintiff asserts that the Asserted Claims are infringed by the various methods and
`
`apparatuses used, made, sold, offered for sale, or imported into the U.S. by Defendant, as
`
`identified in the claim charts attached hereto as Exhibits 1-7 (the “Accused Consoles”).
`
`Exhibits 1-7, incorporated herein in their entirety by reference, identify each element of
`
`the Asserted Claims of the Asserted Patent found in the exemplary Accused Consoles.
`
`Plaintiff’s analysis is based on certain limited information that is publicly available and
`
`Plaintiff’s own investigation prior to any discovery in this action. Plaintiff reserves the right to
`
`amend or supplement these disclsoures to the full extent consistent with the Court’s Rules and
`
`Orders.
`
`Plaintiff in no way intends that the Accused Consoles are limited to the methods and
`
`apparatuses that are identified in the Exhibits, but instead contends that the Accused Consoles
`
`are meant to refer to all methods and apparatuses that involve all similar products that practice at
`
`least one of the Asserted Claims. Unless otherwise stated, Plaintiff’s assertions of infringement
`
`apply to all models, variations, versions, and applications of each of the Accused Consoles since
`
`issuance of the Asserted Patents, and, on information and belief, that different models, variations,
`
`versions, and applications of each of the Accused Consoles all operate in the substantially the
`
`same manner for purposes of infringement of the Asserted Claims.
`
`With respect to the Asserted Patents, each element of each Asserted Claim is considered
`
`to be literally present. Plaintiff also contends that each Asserted Claim is infringed or has been
`
`infringed under the Doctrine of Equivalents in Defendant’s Accused Consoles. Plaintiff also
`
`contends that Defendant directly and indirectly infringes the Asserted Claims. For example, the
`
`
`
`
`
`- 2 -
`
`
`
`
`
`StratosAudio Exhibit 2008
`Hyundai v. StratosAudio
`IPR2021-01303
`Page 2 of 5
`
`

`

`
`
`Accused Consoles are provided by the Defendant to others (including distributors, dealers, and
`
`customers), who are actively encouraged and instructed (for example, through online instructions
`
`on their website, user manuals, and information and instructions supporting sales and services by
`
`others) by the Defendant to use the Accused Consoles in ways that directly infringe at least one
`
`claims of each of the Asserted Patents. Defendant therefore specifically intend for and induces
`
`their customers to practice at least one claim of each of the Asserted Patents through the others’
`
`normal and customary use of the Accused Consoles. Other theories of infringement are set forth
`
`in Exhibits 1-7.
`
`II.
`
`PRIORITY DATE (I.E., EARLIEST DATE OF INVENTION)
`
`The Asserted Claims of the ’081 patent are entitled to a priority date at least as early as
`
`February 5, 2008. The Asserted Claims of the ’028 patent are entitled to a priority date at least
`
`as early as September 13, 2000. The Asserted Claims of the ’307 patent are entitled to a priority
`
`date at least as early as September 13, 2000. The Asserted Claims of the ’843 patent are entitled
`
`to a priority date at least as early as February 5, 2008. The Asserted Claims of the ’203 patent
`
`are entitled to a priority date at least as early as March 21, 2003. The Asserted Claims of the
`
`’806 patent are entitled to a priority date at least as early as February 5, 2008. The Asserted
`
`Claims of the ’405 patent are entitled to a priority date at least as early as February 5, 2008.
`
`III. DOCUMENT PRODUCTION
`
`Documents Bates numbered STRATOS_00000001- STRATOS_00117791 are being
`
`produced concurrently herewith. These documents include documents related to the Accused
`
`Consoles, the priority of the Asserted Patent, as well as a copy of the file history for the Asserted
`
`Patents. Original copies of certain produced documents are available for inspection. Certain
`
`
`
`
`
`- 3 -
`
`
`
`
`
`StratosAudio Exhibit 2008
`Hyundai v. StratosAudio
`IPR2021-01303
`Page 3 of 5
`
`

`

`
`
`email correspondences relating to the priority of the Asserted Patents are available for production
`
`pending the entry of Protective Order and Discovery Order to be negotiated by the parties.
`
`
`
`Date: May 13, 2021
`
`
`
`
`
`
`
`Respectfully submitted,
`
`WHITE & CASE LLP
`
`
`
`By: /s/ Jonathan Lamberson
`
`
`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
`
`WHITE & CASE LLP
`Michael Songer (admitted pro hac vice)
`701 Thirteenth Street, NW
`Washington DC, 20005
`Tel: 202-626-3600
`michael.songer@whitecase.com
`
`WHITE & CASE LLP
`Charles Larsen (admitted pro hac vice)
`75 State Street
`Boston, MA 02109
`Tel: 617-979-9300
`charles.larsen@whitecase.com
`
`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
`
`ATTORNEYS FOR PLAINTIFF
`STRATOSAUDIO, INC.
`
`
`
`
`- 4 -
`
`
`
`
`
`
`
`
`
`
`
`StratosAudio Exhibit 2008
`Hyundai v. StratosAudio
`IPR2021-01303
`Page 4 of 5
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 13th day of May 2021, I served via FTP site the attorneys of
`record for Defendants.
`
`
` /s/ Marcus Hidalgo
`
`
`
`
`
`
`
`
`
`- 5 -
`
`
`
`
`
`StratosAudio Exhibit 2008
`Hyundai v. StratosAudio
`IPR2021-01303
`Page 5 of 5
`
`