IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`
`Defendants.
`
`CASE NO. 2:21-cv-00186-JRG
`
`JURY TRIAL DEMANDED
`
`
`
`DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.’S
`FINAL ELECTION OF ASSERTED PRIOR ART
`
`Pursuant to the Court’s Order Focusing Patent Claims and Prior Art to Reduce Costs
`
`(Dkt. 49), Defendants Samsung Electronics America, Inc. and Samsung Electronics Co., Ltd.
`
`(collectively “Defendants” or “Samsung”) serve on Plaintiff Jawbone Innovations, LLC,
`
`(“Plaintiff” or “Jawbone”) the following Final Election of Asserted Prior Art for U.S.
`
`Patent Nos. 8,019,091 (the “’091 Patent”), 7,246,058 (the “’058 Patent”), 8,467,543 (the “’543
`
`Patent”), 10,779,080 (the “’080 Patent”), 8,503,691 (the “’691 Patent”), and 11,122,357 (the
`
`“’357 Patent”) (collectively, the “Asserted Patents”).
`
`Samsung’s election of asserted art is based on Plaintiff Jawbone’s Final Election of
`
`Asserted Claims to Defendants Samsung Electronics Co. Ltd., and Samsung Electronics America,
`
`Inc., dated August 16, 2022; Plaintiff’s Disclosure of Asserted Claims and Infringement
`
`Contentions, dated January 20, 2022; and Plaintiff’s Supplemental Infringement Contentions,
`
`dated June 14, 2022. Samsung reserves the right to modify its election of asserted art to the extent
`
`Jawbone modifies or amends its Infringement Contentions and Asserted Claims, or to the extent
`
`1
`
`Jawbone's Exhibit No. 2012, IPR2022-01321
`Page 001
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`
`Defendants.
`
`CASE NO. 2:21-cv-00186-JRG
`
`JURY TRIAL DEMANDED
`
`
`
`DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.’S
`FINAL ELECTION OF ASSERTED PRIOR ART
`
`Pursuant to the Court’s Order Focusing Patent Claims and Prior Art to Reduce Costs
`
`(Dkt. 49), Defendants Samsung Electronics America, Inc. and Samsung Electronics Co., Ltd.
`
`(collectively “Defendants” or “Samsung”) serve on Plaintiff Jawbone Innovations, LLC,
`
`(“Plaintiff” or “Jawbone”) the following Final Election of Asserted Prior Art for U.S.
`
`Patent Nos. 8,019,091 (the “’091 Patent”), 7,246,058 (the “’058 Patent”), 8,467,543 (the “’543
`
`Patent”), 10,779,080 (the “’080 Patent”), 8,503,691 (the “’691 Patent”), and 11,122,357 (the
`
`“’357 Patent”) (collectively, the “Asserted Patents”).
`
`Samsung’s election of asserted art is based on Plaintiff Jawbone’s Final Election of
`
`Asserted Claims to Defendants Samsung Electronics Co. Ltd., and Samsung Electronics America,
`
`Inc., dated August 16, 2022; Plaintiff’s Disclosure of Asserted Claims and Infringement
`
`Contentions, dated January 20, 2022; and Plaintiff’s Supplemental Infringement Contentions,
`
`dated June 14, 2022. Samsung reserves the right to modify its election of asserted art to the extent
`
`Jawbone modifies or amends its Infringement Contentions and Asserted Claims, or to the extent
`
`1
`
`Jawbone's Exhibit No. 2012, IPR2022-01321
`Page 001
`
`
`
`that Jawbone’s expert report(s) on infringement rely on different facts and theories than reflected
`
`in Jawbone’s Infringement Contentions.
`
`Samsung reserves the right to rely on any prior art references disclosed pursuant to Patent
`
`Rule 3-3 and 3-4 and any admissions regarding the prior art or state of the art made in the
`
`Asserted Patents themselves for purposes of any tutorial, background explanation of the
`
`technology at issue, to show the state of the art relating to the inventions claimed in the Asserted
`
`Patents, including any motivation to combine the prior art, or to rebut any denial by Plaintiff that
`
`one or more claim elements were known in the prior art.
`
`Final Election of Prior Art
`
`The ’091 Patent:
`
`1. U.S. Patent No. 6,415,034 to Hietanen (“Hietanen”) combined with Japanese Patent
`
`App. Pub. No. H11305792 to Takano et al. (“Takano”) and A. Hussain et al., “A New
`
`Metric for Selecting Sub-band Processing in Adaptive Speech Enhancement Systems,”
`
`Proceedings of the Fifth European Conference on Speech Communication and
`
`Technology, September 1997 (“Hussain”)
`
`2. M.J. Al-Kindi et al., “Improved Adaptive Noise Cancellation in the Presence of Signal
`
`Leakage on the Noise Reference Channel,” Signal Processing, July 1989 (“Al-Kindi”)
`
`combined with U.S. Patent No. 3,746,789 to Alcivar et al. (“Alcivar”) and Hussain
`
`3. D. Van Compernolle, “Switching Adaptive Filters for Enhancing Noisy and
`
`Reverberant Speech from Microphone Array Recordings,” Proceedings of the IEEE
`
`International Conference on Acoustics, Speech, and Signal Processing, April 1990
`
`(“Van Compernolle”) combined with Takano and Hussain
`
`
`
`
`
`2
`
`Jawbone's Exhibit No. 2012, IPR2022-01321
`Page 002
`
`
`
`The ’058 Patent:
`
`1. U.S. Patent No. 6,377,919 to Burnett (“Burnett”) combined with Takano
`
`2. U.S. Patent No. 4,718,096 to Meisel (“Meisel”) combined with U.S. Patent No.
`
`6,148,313 to Freidin (“Freidin”)
`
`3. Meisel combined with U.S. Patent No. 6,006,175 to Holzrichter (“Holzrichter”)
`
`4. Meisel combined with Burnett
`
`5. U.S. Patent No. 5,825,897 to Andrea (“Andrea”) combined with Holzrichter
`
`The ’543 Patent:
`
`1. U.S. Pat. Pub. No. 2002/0193130 to Yang (“Yang”) combined with U.S. Patent No.
`
`5,590,241 to Park (“Park”)
`
`2. Yang combined with Park and Holzrichter
`
`3. Yang combined with Park and Hussain
`
`4. Yang combined with Park, Holzrichter, and Hussain
`
`5. Hussain combined with Park and Andrea
`
`6. Hussain combined with Park, Andrea, and Holzrichter
`
`The ’080 Patent:
`
`1. Japanese Patent App. Pub. No. H1118186 to Ikeda (“Ikeda”)
`
`2. U.S. Patent App. Pub. No. 2004/0185804 to Kanamori et al. (“Kanamori”)
`
`(anticipation)
`
`3. Kanamori (obviousness)
`
`4. Kanamori combined with International Patent App. Pub. No. WO2007106399 to Elko
`
`et al. (“Elko”)
`
`The ’357 Patent:
`
`3
`
`Jawbone's Exhibit No. 2012, IPR2022-01321
`Page 003
`
`
`
`1. Kanamori
`
`2. Kanamori combined with Elko
`
`The ’691 Patent:
`
`1. Kanamori (anticipation)
`
`2. Kanamori (obviousness)
`
`3. Kanamori combined with Elko
`
`
`DATE: September 19, 2022
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Ryan M. Nishimoto
`Ryan M. Nishimoto
`ryan.nishimoto@arnoldporter.com
`Daniel S. Shimell
`daniel.shimell@arnoldporter.com
`ARNOLD & PORTER KAYE SCHOLER LLP
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017
`Telephone: (213) 243-4000
`Facsimile: (213) 243-4199
`
`-and-
`
`Jin-Suk Park
`jin.park@arnoldporter.com
`Ali R. Sharifahmadian
`ali.sharifahmadian@arnoldporter.com
`Paul Margulies
`paul.margulies@arnoldporter.com
`ARNOLD & PORTER KAYE SCHOLER LLP
`601 Massachusetts Ave., NW
`Washington, DC 20001-3743
`Telephone: (202) 942-5000
`Facsimile: (202) 942-5555
`
`
`Melissa Smith
`melissa@gillamsmithlaw.com
`GILLAM & SMITH LLP
`303 South Washington Avenue
`Marshall, TX 75670
`
`4
`
`Jawbone's Exhibit No. 2012, IPR2022-01321
`Page 004
`
`
`
`
`
`
`
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`Attorneys for Samsung Electronics Co., Ltd. and
`Samsung Electronics America, Inc.
`
`
`
`
`5
`
`Jawbone's Exhibit No. 2012, IPR2022-01321
`Page 005
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on September 19, 2022, a true and correct copy of the foregoing
`
`document was served by electronic mail on all counsel of record.
`
`
`
`/s/ Ryan M. Nishimoto
`Ryan M. Nishimoto
`
`
`
`
`
`6
`
`Jawbone's Exhibit No. 2012, IPR2022-01321
`Page 006
`
`
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