Case 6:20-cv-01131-ADA Document 1-8 Filed 12/11/20 Page 1 of 5
`Case 6:20-cv-01131-ADA Document 1-8 Filed 12/11/20 Page 1 of 5
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`APPENDIX D
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`APPENDIX D
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`Case 6:20-cv-01131-ADA Document 1-8 Filed 12/11/20 Page 2 of 5
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`Infringement of U.S. Patent No. 9,584,843
`By the Volkswagen Group
`Volkswagen Group automobiles provide an infotainment console that infringes the ’843 patent, for example claim 10. 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
`’843 patent, for example claim 10. 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 Many Volkswagen vehicles include HD
`Radio™, SiriusXM® and/or Apple 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 ’843 patent, for example claim 10.
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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 1-8 Filed 12/11/20 Page 3 of 5
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`Claim
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`10.Pre A broadcast scanning system
`for associating data that
`enables a unique
`identification of a specific
`instance of acquisition of
`encoded third party data with
`a reception of a specific
`instance of a media segment
`in an electronic transmission,
`the system comprising:
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`10.a
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`10.b
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`one or more computer
`readable storage devices
`configured to store a
`plurality of computer
`executable instructions
`comprising at least a
`broadcast scanning module;
`and
`one or more hardware
`computer processors in
`communication with the one
`or more computer readable
`storage devices and
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`Volkswagen Audi A3 iTunes Tagging
`
`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 includes at least one memory and an HD Radio and/or
`SiriusXM Radio accessory.
`
`See:
`- VW Audi A3 Owner’s Manual, pp. 206-207.
`-
`iPod Accessory Protocol Interface Specification Appendix D, 2009, pp. 465-66.
`
`The Volkswagen Head Unit Console includes a processor coupled to the at least on memory. The
`Volkswagen Head Unit Console processor is capable of executing computer instruction for a variety
`of purposes.
`
`See:
`- VW Audi A3 Owner’s Manual, pp. 206-207.
`
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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
`5 https://hdradio.com/broadcasters/engineering-support/itunes-tagging-support/
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`Case 6:20-cv-01131-ADA Document 1-8 Filed 12/11/20 Page 4 of 5
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`10.c
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`configured to execute the
`plurality of computer
`executable instructions in
`order to cause the system
`to:
`receive, using the broadcast
`scanning module, the
`specific instance of the
`media segment in the
`electronic transmission;
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`10.d
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`determine data that identifies
`a source of the electronic
`transmission;
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`10.e
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`acquire encoded third party
`data associated with the
`reception of the specific
`instance of the media
`segment in the electronic
`transmission;
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`10.f
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`generate data that enables
`the unique identification
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`-
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`iPod Accessory Protocol Interface Specification Appendix D, 2009, pp. 465-66.
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`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.
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`See:
`-
`iPod Accessory Protocol Interface Specification Appendix D, 2009, pp. 465-66.
`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
`well as information related to the station URL required for use with the iTunes Tagging
`functionality.
`
`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 storing the data extracted from the data stream
`for any song that the user “tags” using the iTunes Tagging functionality. The Volkswagen Head
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`Case 6:20-cv-01131-ADA Document 1-8 Filed 12/11/20 Page 5 of 5
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`of the specific instance of
`acquisition of the encoded
`third party data;
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`determine an identification
`of the media segment using
`at least the encoded third
`party data; and
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`store in a database the
`identification of the media
`segment determined at least
`in part using the encoded
`third party data in
`association with the data that
`enables unique identification
`of the specific instance of
`acquisition of the encoded
`third party data and the data
`that identifies the source of
`the electronic transmission.
`
`Unit generates 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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`10.g
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`10.h
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