Case 6:20-cv-01131-ADA Document 1-6 Filed 12/11/20 Page 1 of 5
`Case 6:20-cv-01131-ADA Document 1-6 Filed 12/11/20 Page 1 of 5
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`APPENDIX C
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`APPENDIX C
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`Case 6:20-cv-01131-ADA Document 1-6 Filed 12/11/20 Page 2 of 5
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`Infringement of U.S. Patent No. 8,903,307
`By the Volkswagen Group
`Volkswagen Group automobiles provide an infotainment console that infringes the ’307 patent, for example claim 11. 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
`’307 patent, for example claim 11. These platforms are available in many Volkswagen models (e.g., the Atlas, Beetle, CC, Golf, Jetta,
`Passat, Tiguan, and Touareg), as well as many Audi models (e.g., the 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 These platforms include the iTunes tagging
`functionality which enables a user to use the console to “tag” a song being broadcast correlating identifying data and media content for
`presentation, thereby infringing the ’307 patent, for example claim 11.
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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 1-6 Filed 12/11/20 Page 3 of 5
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`Claim
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`Volkswagen Audi A3 Tagging and HD (third party) Radio
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`11.a
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`11.Pre A system for
`correlating media
`content identifying
`data with at least one
`broadcast segment
`received by a
`communication
`device, the system
`comprising
`a receiver configured
`to receive a broadcast
`stream comprising
`the at least one
`broadcast segment
`and associated media
`content,
`the receiver further
`configured to receive
`a data stream
`associated with the
`broadcast stream, the
`data stream
`comprising, at a
`minimum, the media
`content identifying
`data, wherein the
`media content
`identifying data
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`11.b
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`The Volkswagen Head Unit console includes an HD Radio and/or SiriusXM Radio accessory which has
`iTunes Tagging functionality. The radio accessory is capable of receiving audio broadcasts and
`accompanying data streams including song identifying information like song title and artist, as well as
`information identifying the broadcast station. The Head Unit is capable of extracting data from the data
`stream and saving this information for songs tagged using the iTunes Tagging feature.
`
`See:
`- VW Audi A3 Owner’s Manual, pp. 206-207.3
`iTunes Tagging online documentation, July 2010, p. 1.4
`-
`The Volkswagen Head Unit console includes a radio receiver for use with HD Radio and/or SiriusXM
`Radio, capable of receiving a radio broadcast including one or more audio songs.
`
`See:
`- VW Audi A3 Owner’s Manual, pp. 206-207.
`iTunes Tagging online documentation, July 2010, p. 1.
`-
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`The Volkswagen Head Unit Console radio receiver is capable of receiving a data stream carrying
`information identifying the broadcast songs. Per HD Radio and iTunes Tagging functionality protocols,
`the data stream includes the song title and artist, information identifying the broadcast station, and Apple
`product information.
`
`See:
`- VW Audi A3 Owner’s Manual, p. 207.
`iPod Accessory Protocol Interface Specification Appendix D, 2009, p. 464.
`-
`iTunes Tagging documentation, July 2010, p. 2.
`-
`- HD Radio Air Interface Design Description – Program Service Data, p. 10.
`
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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.pdf
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`Case 6:20-cv-01131-ADA Document 1-6 Filed 12/11/20 Page 4 of 5
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`11.c
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`11.d
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`comprises at least
`one element;
`at least one computer
`processor configured
`to extract the media
`content identifying
`data from the data
`stream, associating
`each media content
`identifying data
`element with at least
`one of a plurality of
`media content;
`an electronic memory
`of the communication
`device configured to
`store, at a minimum,
`media content
`identifying data
`elements into
`identifying data
`aggregates, each
`identifying data
`aggregate associated
`with at least one of
`the plurality of media
`content and the at
`least one broadcast
`segment,
`
`The Volkswagen Head Unit Console includes a processor capable of extracting the relevant data from the
`data stream received with an audio broadcast of a song. The Head Unit Console is capable of extracting
`a song title and artist of a currently playing song on HD Radio or SiriusXM and displaying these on a
`display while the song is playing.
`
`See:
`- “Audi to Globally Roll Out NVIDIA Tegra Visual Computing Module This Year,” posted Jan. 8,
`2013.5
`iPod Accessory Protocol Interface Specification Appendix D, 2009, p. 465-66.
`-
`- HD Radio Air Interface Design Description – Program Service Data, p. 10.
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`The Volkswagen Head Unit Console includes functionality for use of the iTunes Tagging feature with HD
`Radio and/or SiriusXM. The Volkswagen Head Unit Console is capable of storing extracted data like the
`song title, artist, broadcast station, and Apple product information in a memory of the console in response
`to a user “tagging” a currently playing song. The Volkswagen Head Unit Console is capable of storing a
`list of tagged songs accessible by a user through the console display and storing Apple “tokens” to be
`downloaded to a compatible device to allow the user to access and purchase the tagged songs in iTunes.
`
`See:
`- VW Audi A3 Owner’s Manual, p. 207.
`- HD Radio Air Interface Design Description – Program Service Data, p. 10.
`iPod Accessory Protocol Interface Specification Appendix D, p. 463-65.
`-
`- “HD RadioTM Technology – iTunes® Tagging.”6
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`5 https://nvidianews.nvidia.com/news/audi-to-globally-roll-out-nvidia-tegra-visual-computing-module-this-year-6622721
`6 https://hdradio.com/broadcasters/engineering-support/itunes-tagging-support/
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`Case 6:20-cv-01131-ADA Document 1-6 Filed 12/11/20 Page 5 of 5
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`The HD Radio and/or SiriusXM radio broadcasts may include multiple songs or other radio programming.
`The songs broadcast over HD Radio and/or SiriusXM come from, and are logically associated with, the
`radio broadcast.
`
`See:
`- HD Radio Air Interface Design Description – Program Service Data, p. 10.
`- “HD RadioTM Technology – iTunes® Tagging.”
`As described above, the Volkswagen Head Unit Console is capable of saving information identifying the
`user-tagged songs to memory, and the list of user-tagged songs is accessible by the user through the
`console display. Further, the Volkswagen Head Unit Console is capable of transferring Apple “tokens”
`representing the list of tagged songs to a compatible Apple device through a USB port connection.
`
`See:
`- VW Audi A3 Owner’s Manual, p. 207.
`iPod Accessory Protocol Interface Specification Appendix D, p. 464-465.
`-
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`The Volkswagen Head Unit console is capable of displaying to the user as part of the tagged songs list, the
`artist and song title, and is also capable of exporting to a connected apple device Apple “tokens” the
`include an indication of the tagged song for future use by the user in purchasing the song in iTunes.
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`See:
`-
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`iPod Accessory Protocol Interface Specification Appendix D, p. 464-465.
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`wherein the at least
`one broadcast
`segment is corollary
`to the at least one of
`the plurality of media
`content; and
`
`an output configured
`to present at least a
`portion of the data
`elements stored in the
`electronic memory of
`the communication
`device to provide
`selective outputting
`using an interface of
`at least one of the
`following:
`the media content
`identifying data, the
`media content, the
`corollary broadcast
`segment, a temporal
`position of the
`corollary broadcast
`segment of the
`broadcast stream.
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`11.e
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`11.f
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`11.g
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