Case 6:20-cv-01131-ADA Document 1-12 Filed 12/11/20 Page 1 of 6
`Case 6:20-cv-01131-ADA Document 1-12 Filed 12/11/20 Page 1 of 6
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`APPENDIX F
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`APPENDIX F
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`Case 6:20-cv-01131-ADA Document 1-12 Filed 12/11/20 Page 2 of 6
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`Infringement of U.S. Patent No. 9,294,806
`By the Volkswagen Group
`Volkswagen Group automobiles provide an infotainment console that infringes the ’806 patent, for example claim 5. Many recent
`Volkswagen and Audi automobile models integrate HD Radio™, SiriusXM®, Apple CarPlay™ running Apple Music streaming
`services playing live radio such as Beats 1 or Apple Music 1, or other platforms into the head unit with functionality claimed in the ’806
`patent, for example claim 5. These platforms are available in many Volkswagen models (e.g., the Atlas, Beetle, CC, Golf, Jetta, Passat,
`Tiguan, and Touareg), and in many Audi models (e.g., A3, A4, A5, Q5, S3, TT, A6, A7, A8, and Q8), which may have HD Radio™,
`SiriusXM®, CarPlay™ or a similar platform integrated or retrofitted.1,2 Many Volkswagen vehicles include HD Radio™, SiriusXM®,
`and/or CarPlay™, which enables streaming of radio broadcasts. These platforms include the iTunes tagging functionality which enables
`a user to use the console to “tag” a song being broadcast to interactively mark the song, thereby infringing the ’806 patent, for example
`claim 5.
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`1 Data from HD Radio VW page, accessed on October 13, 2020 at https://hdradio.com/new_car_manufacturer/vw-2/
`2 Data from HD Radio Audi page, accessed on August 10, 2020 at https://hdradio.com/new_car_manufacturer/audi/.
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`Case 6:20-cv-01131-ADA Document 1-12 Filed 12/11/20 Page 3 of 6
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`Claim
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`5.Pre A broadcast scanning
`method for uniquely
`identifying a media segment
`associated with an electronic
`transmission of the media
`segment through acquisition
`of third party encoded data,
`the method comprising:
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`5.a
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`obtaining, using a stream
`scanner module, a data
`stream associated with the
`electronic transmission of
`the media segment;
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`5.b
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`determining, using at least
`one processor, data that
`identifies a source of the data
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`Volkswagen Audi A3 iTunes Tagging
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`The Volkswagen Head Unit Console includes HD Radio and/or Sirius Radio functionalities
`equipped with iTunes Tagging features. The Volkswagen Head Unit Console is capable of receiving
`audio broadcasts as radio transmissions and accompanying data streams including song identifying
`information like song title and artist, as well as information identifying the broadcast station and
`Apple product information for the particular song for use with the iTunes Tagging function. The
`Head Unit is capable of extracting data from the data stream for a particular tagged song and
`saving this information.
`
`See:
`- VW Audi A3 Owner’s Manual, pp. 206-207.3
`-
`iTunes Tagging online documentation, July 2010, p. 1.4
`- HD Radio Air Interface Design Description – Program Service Data, p. 10.
`- “HD RadioTM Technology – iTunes® Tagging.”5
`The Volkswagen Head Unit Console is capable of receiving radio broadcasts at the HD Radio
`and/or SiriusXM Radio accessory. The radio broadcast includes a particular audio song
`transmitted by radio as well as a data stream including metadata identifying the audio song or other
`audio broadcast.
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`See:
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`iPod Accessory Protocol Interface Specification Appendix D, 2009, pp. 465-66.
`- HD Radio Air Interface Design Description – Program Service Data, p. 10.
`- “HD RadioTM Technology – iTunes® Tagging.”
`The Volkswagen Head Unit Console is capable of extracting data from the radio broadcast RDS
`data stream, including information identifying the broadcast station as the source of the broadcast
`audio stream. For example, the data stream includes a unique identifier specific to the station, as
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`3 https://bordbuch-online.audi.de/AudiBordbuch/docs/2c91f63c-4949-4fd6-b0c7-b62561b597f8/206/#zoom=z (VIN No. WAUAUGFF3LA006674)
`4 https://web.archive.org/web/20100705044543/images.apple.com/itunes/tagging/pdf/itunes_tagging
`5 https://hdradio.com/broadcasters/engineering-support/itunes-tagging-support/
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`Case 6:20-cv-01131-ADA Document 1-12 Filed 12/11/20 Page 4 of 6
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`stream obtained through
`analysis of said data stream;
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`5.c
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`extracting at least third party
`encoded data obtained from
`the data stream;
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`analyzing, using a stream
`analysis module, the third
`party encoded data extracted
`from the data stream,
`whereby the analysis
`generates analysis data that
`includes at least an
`identifying data that initiates
`identification of the media
`segment;
`correlating the data that
`identifies the source of the
`data stream, additional data
`associated with the
`transmission of the media
`segment and at least part of
`the analysis data;
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`5.d
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`5.e
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`well as information related to the station URL required for use with the iTunes Tagging
`functionality.
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`See:
`- VW Audi A3 Owner’s Manual, pp. 206-207.
`- HD Radio Air Interface Design Description – Program Service Data, p. 10.
`- “HD RadioTM Technology – iTunes® Tagging.”
`The Volkswagen Head Unit is capable of extracting data from the radio broadcast data stream
`including Apple product information for use with the iTunes Tagging functionality. The Apple
`product information is sent for and particular to each song in the radio broadcast.
`
`See:
`- VW Audi A3 Owner’s Manual, pp. 206-207.
`- “HD RadioTM Technology – iTunes® Tagging.”
`-
`iPod Accessory Protocol Interface Specification Appendix D, pp. 463-465.
`The Volkswagen Head Unit Console is capable of using an internal processor to retrieve the Apple
`product information and other information identifying the audio song from the extracted data
`stream for display to the user on the console display.
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`See:
`- VW Audi A3 Owner’s Manual, pp. 206-207.
`-
`iPod Accessory Protocol Interface Specification Appendix D, 2009, pp. 465-66.
`- “HD RadioTM Technology – iTunes® Tagging.”
`
`The Volkswagen Head Unit Console is capable of associating the Apple product information with
`other identifying information displayed to the user on the console display to enable correlation of
`the Apple product information with a particular audio song when the user “tags” a song playing on
`the HD radio.
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`See:
`- VW Audi A3 Owner’s Manual, pp. 206-207.
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`Case 6:20-cv-01131-ADA Document 1-12 Filed 12/11/20 Page 5 of 6
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`generating a unique
`identification of a specific
`instance of extraction of the
`third party encoded data
`associated with the
`electronic transmission of
`the media segment;
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`identifying using at least one
`processor the media segment
`based on the correlation; and
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`storing in a database the data
`that identifies the source of
`the data stream, the unique
`identification of the specific
`instance of extraction of
`third party encoded data
`associated with the
`electronic transmission of
`the media segment and the
`identification of the media
`
`-
`iPod Accessory Protocol Interface Specification Appendix D, 2009, pp. 465-66.
`- HD Radio Air Interface Design Description – Program Service Data, p. 10.
`- “HD RadioTM Technology – iTunes® Tagging.”
`The Volkswagen Head Unit Console is capable of storing the data extracted from the data stream
`for any song that the user “tags” using the iTunes Tagging functionality. The Volkswagen Head
`Unit is capable of doing so by generating a “token: for the tagged song including the information
`required to identify the particular song and the data extracted from the data stream including song
`title and artist as well as identification of the broadcast station. The “token” allows a user to
`identify, retrieve, and purchase a tagged song.
`
`See:
`- HD Radio Air Interface Design Description – Program Service Data, p. 10.
`- “HD RadioTM Technology – iTunes® Tagging.”
`The Volkswagen Head Unit Console is capable of determining from the extracted data, a particular
`song title and artist associated with a currently playing song. The information is displayed to a user
`while the song plays on a console display of the Head Unit Console.
`
`See:
`- “HD RadioTM Technology – iTunes® Tagging.”
`The Volkswagen Head Unit Console is capable of storing information associated with a tagged song
`in a memory of the Volkswagen Head Unit Console. The stored data includes information and data
`identifying the tagged song, such as song title and album, as well as unique station identifiers, and
`Apple product information.
`
`See:
`- VW Audi A3 Owner’s Manual, p. 207.
`- “HD RadioTM Technology – iTunes® Tagging.”
`-
`iPod Accessory Protocol Interface Specification Appendix D, p. 464-465.
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`5.f
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`5.g
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`5.h
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`Case 6:20-cv-01131-ADA Document 1-12 Filed 12/11/20 Page 6 of 6
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`segment based at least in part
`on the correlation..
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`5
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