Case 1:20-cv-01202-UNA Document 1 Filed 09/09/20 Page 1 of 41 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`DIVX, LLC,
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`LG ELECTRONICS INC.;
`LG ELECTRONICS U.S.A., INC., and
`REALTEK SEMICONDUCTOR CORP.,
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`Plaintiff,
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`v.
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`Defendants.
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`C.A. No.:
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`DivX, LLC (“DivX” or “Plaintiff”), brings this action for patent infringement under 35
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`U.S.C. § 271 against Defendants LG Electronics Inc. and LG Electronics U.S.A., Inc. (collectively,
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`“LG”), and Realtek Semiconductor Corp. (“Realtek”) (all collectively “Defendants”) and alleges
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`as follows:
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`1.
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`DivX is a U.S. company founded in 2000. Since its inception, DivX has set the bar
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`for high-quality digital video. DivX is one of the first companies to enable successful delivery of
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`high-quality digital video over the internet. For nearly 20 years, DivX has been developing
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`innovative technology to deliver quality digital entertainment experiences for consumers—making
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`internet video high-quality, secure, easy, and enjoyable for consumers to watch on any device.
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`2.
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`Continuing to this day, DivX® technology helps people around the world enjoy
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`digital media on their own terms. Consumers expect to play high-quality video from the internet
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`on any device at the touch of a button. However, when DivX’s engineers accomplished this feat
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`over a decade ago, they had to overcome significant technical obstacles to do so. Through those
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`efforts, DivX engineers invented foundational technologies that made high-quality internet video
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`possible long before smart televisions existed.
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`3.
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`For example, DivX’s fundamental advances in video compression technology have
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`made it possible to transmit large video files over the internet. DivX also created technology that
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`allows those video files to be played on a wide variety of consumer electronics devices, and has
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`licensed that technology to consumer electronics manufacturers. DivX further developed
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`encryption technology (e.g., Digital Rights Management) for video files, to protect valuable video
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`content so that content producers would be comfortable making their original works available on
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`the internet. DivX’s fundamental advances include innovations in multiphase adaptive bitrate
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`streaming, playback of encrypted bitstreams, cryptographic material transport of bitstreams, and
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`enabling seeking functionality during streaming playback. And DivX launched Stage6—one of
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`the first platforms for streaming high-quality, user-created and professional video over the internet.
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`All of this work by DivX paved the way (and provided a roadmap) for today’s proliferation of
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`internet video streaming on consumer devices.
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`4.
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`As a result of the many DivX innovations relating to internet video and streaming
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`media, consumer electronics companies have licensed DivX’s technologies and integrated them
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`into more than one billion, six hundred million devices worldwide. Consumers have downloaded
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`DivX® consumer software more than one billion times, and created billions of files using DivX’s
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`proprietary “.divx” file format. DivX’s investments in research and development for internet video
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`led to technical innovations that shaped internet video as the world knows it today. DivX patented
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`these inventions and today has a portfolio of over 400 issued patents and patent applications, and
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`continues to invest in research and development to innovate in the area of video technology.
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`THE PARTIES
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`5.
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`Plaintiff DivX, LLC is a Delaware corporation, and has a principal place of business
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`at 4350 La Jolla Village Drive, Suite 950, San Diego, California 92122.
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`6.
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`Defendant LG Electronics Inc. (“LG Electronics”) is a South Korean corporation
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`having a principal place of business at LG Twin Tower 128, Yeoui-daero, Yeongdeungpo-gu,
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`Seoul, Korea 07336.
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`7.
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`Defendant LG Electronics U.S.A., Inc. (“LG USA”) is a Delaware corporation
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`having a principal place of business at 1000 Sylvan Avenue, Englewood Cliffs, New Jersey 07632.
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`8.
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`Defendant Realtek Semiconductor Corp. (“Realtek”) is a Taiwanese corporation
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`with a principal place of business at No. 2, Innovation Road II, Hsinchu Science Park, Hsinchu
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`300, Taiwan.
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`9.
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`On information and belief, LG USA is a wholly owned subsidiary of LG
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`Electronics.
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`THE ASSERTED PATENTS
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`10.
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`United States Patent No. 8,832,297 (“the ’297 Patent”), entitled “Systems and
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`Methods for Performing Multiphase Adaptive Bitrate Streaming,” issued on September 9, 2014,
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`to inventors Kourosh Soroushian, Auke van der Schaar, Jason Braness, and William David
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`Amidei. The ’297 Patent expires on December 29, 2031. The ’297 Patent issued from U.S. Patent
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`App. Ser. No. 13/339,992, filed on December 29, 2011, and was previously published as U.S.
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`Patent Pub. No. 2013-0007297 on January 3, 2013. A true and correct copy of the ’297 Patent is
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`attached hereto Exhibit 1.
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`11.
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`United States Patent No. 10,212,486 (“the ’486 Patent”), entitled “Elementary
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`Bitstream Cryptographic Material Transport Systems and Methods”, issued on 2/19/2019, to
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`inventors Francis Yee-Dug Chan, Kourosh Soroushian, and Andrew Jeffrey Wood. The ’486
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`Patent expires on November 15, 2030. The ’486 Patent issued from U.S. Patent App. Ser. No.
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`15/615,626, filed on June 6, 2017, and was previously published as U.S. Patent Pub. No. 2017-
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`0280203 on September 28, 2017. A true and correct copy of the ’486 Patent is attached hereto
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`Exhibit 2.
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`12.
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`United States Patent No. 10,412,141 (“the ’141 Patent”), entitled “Systems and
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`Methods for Seeking Within Multimedia Content During Streaming Playback,” issued on
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`September 10, 2019, to inventor Roland Osborne. The ’141 Patent expires on January 7, 2028.
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`The ’141 Patent issued from U.S. Patent App. Ser. No. 16/136,149, filed on September 19, 2018,
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`and was previously published as U.S. Patent Pub. No. 2019-0020704 on January 17, 2019. A true
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`and correct copy of the ’141 Patent is attached hereto Exhibit 3.
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`13.
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`United States Patent No. 10,484,749 (“the ’749 Patent”), entitled “Systems and
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`Methods for Secure Playback of Encrypted Elementary Bitstreams,” issued on November 19,
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`2019, to inventors Francis Yee-Dug Chan, Kourosh Soroushian, and Andrew Jeffrey Wood. The
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`’749 Patent expires on November 15, 2030. The ’749 Patent issued from U.S. Patent App. Ser.
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`No. 16/136,170, filed on September 19, 2018, and was previously published as U.S. Patent Pub.
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`No. 2019-0020928 on January 17, 2019. A true and correct copy of the ’749 Patent is attached
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`hereto Exhibit 4.
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`14.
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`By way of assignment, DivX owns all rights, title, and interest to the ’297 Patent,
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`the ’486 Patent, the ’141 Patent, and the ’749 Patent (collectively, the “Asserted Patents”).
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`15.
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`The Asserted Patents are each valid and enforceable.
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`JURISDICTION AND VENUE
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`16.
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`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
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`17.
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`Subject matter jurisdiction is proper in this Court under 28 U.S.C. §§ 1331 and
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`1338(a).
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`LG
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`18.
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`Venue in this District is proper under 28 U.S.C. § 1391(c)(1)-(3) and 28 U.S.C.
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`§ 1400(b). LG Electronics is not a resident of the United States and may be sued in this District,
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`as suits against foreign entities are proper in any judicial district where they are subject to personal
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`jurisdiction. LG USA is incorporated in this District, and thus resides in this District. Both LG
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`Electronics and LG USA have conducted and continues to conduct business in this District, and
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`both have committed and continue to commit acts of patent infringement in this District.
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`19.
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`This Court has personal jurisdiction over LG Electronics and LG USA. The Court
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`has personal jurisdiction over LG USA, as it is a resident of Delaware. Both entities have
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`conducted and continue to conduct business in the State of Delaware. Further, both entities,
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`directly or through subsidiaries or intermediaries (including distributors, retailers, and others),
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`ship, distribute, make, use, offer for sale, sell, import, and/or advertise (including by providing
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`interactive web pages) its products and/or services in the United States and the District of Delaware
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`and/or contributes to and actively induces its customers to ship, distribute, make, use, offer for
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`sale, sell, import, and/or advertise (including the provision of interactive web pages) infringing
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`products and/or services in the United States and the District of Delaware.
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`20.
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`Both LG Electronics and LG USA, directly and through subsidiaries or
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`intermediaries (including distributors, retailers, and others), have purposefully and voluntarily
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`placed one or more of its infringing products and/or services, as described below, into the stream
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`of commerce with the expectation that those products will be purchased and used by customers
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`and/or consumers in the District of Delaware. These infringing products and/or services have been
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`and continue to be made, used, sold, offered for sale, purchased, and/or imported by customers
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`and/or consumers in the District of Delaware.
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`21.
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`The “Accused Products” include, but are not limited to, video processing devices,
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`components thereof, and digital smart televisions containing the same made, used, sold, offered
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`for sale, and/or imported by LG, and all Realtek semiconductor devices, integrated circuits, and
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`products incorporated into video processing devices, and digital smart televisions containing the
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`same made, used, sold, offered for sale, and/or imported by others, including but not limited to
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`LG.
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`22.
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`On information and belief, both LG Electronics and LG USA have also placed
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`video processing devices, components thereof, and digital smart televisions containing the same,
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`into the stream of commerce by shipping Accused Products into Delaware, shipping Accused
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`Products knowing that those products would be shipped into Delaware, and/or shipping Accused
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`Products knowing that these Accused Products would be incorporated into other Accused Products
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`that would be shipped into Delaware.
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`Realtek
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`23.
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`Venue in this District is proper under 28 U.S.C. § 1391(c)(1)-(3) and 28 U.S.C.
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`§ 1400(b) with respect to Realtek. Realtek is not a resident of the United States and may be sued
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`in this District, as suits against foreign entities are proper in any judicial district where they are
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`subject to personal jurisdiction. Realtek has conducted and continues to conduct business in this
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`District, and has committed and continue to commit acts of patent infringement in this District.
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`24.
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`This Court has personal jurisdiction over Realtek. Realtek has conducted and
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`continues to conduct business in the State of Delaware. Further, Realtek, directly or through
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`subsidiaries or intermediaries (including distributors, retailers, and others), ships, distributes,
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`makes, uses, offers for sale, sells, imports, and/or advertises (including by providing interactive
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`web pages) its products and/or services in the United States and the District of Delaware and/or
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`contributes to and actively induces its customers to ship, distribute, make, use, offer for sale, sell,
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`import, and/or advertise (including the provision of interactive web pages) infringing products
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`and/or services in the United States and the District of Delaware.
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`25.
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`Realtek, directly and through subsidiaries or intermediaries (including distributors,
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`retailers, and others), has purposefully and voluntarily placed one or more of its infringing products
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`and/or services, as described below, into the stream of commerce with the expectation that those
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`products will be purchased and used by customers and/or consumers in the District of Delaware.
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`These infringing products and/or services have been and continue to be made, used, sold, offered
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`for sale, purchased, and/or imported by customers and/or consumers in the District of Delaware.
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`26.
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`On information and belief, Realtek has also placed video processing devices, and
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`components thereof and digital smart televisions containing the same made, used, sold, offered for
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`sale, and/or imported by others, including but not limited to LG, into the stream of commerce by
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`shipping Accused Products into Delaware, shipping Accused Products knowing that those
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`products would be shipped into Delaware, and/or shipping Accused Products knowing that these
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`Accused Products would be incorporated into other Accused Products that would be shipped into
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`Delaware.
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`JOINDER
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`27.
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`Joinder of Defendants is proper under 35 U.S.C. § 299. Allegations of patent
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`infringement contained herein arise out of the same series of transactions or occurrences relating
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`to the importing (or having imported) into the United States and/or making (or having made), using
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`(or inducing the use of), selling, or offering for sale within the United States, the same Accused
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`Products, including LG’s and Realtek’s products, such as the Realtek integrated circuits
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`incorporated into LG’s smart televisions.
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`28.
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`Examples of these products include, but are not limited to LG’s and Realtek’s video
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`processing devices, and digital smart televisions containing the same, and are imported, sold,
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`offered for sale, and/or used in this District.
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`ALLEGATIONS OF PATENT INFRINGEMENT
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`29.
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`Plaintiff incorporates the allegations of all of the foregoing paragraphs as if fully
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`restated herein.
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`30.
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`As set forth below, the Accused Products incorporate, without any license to the
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`Asserted Patents from DivX, video streaming technology protected by the Asserted Patents owned
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`by DivX. DivX respectfully seeks relief from this Court for Defendants’ infringement.
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`LG
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`31.
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`LG has and continues to make, have made, use, sell, offer for sale, import, have
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`imported, test, design, and/or market in the United States video processing devices, components
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`thereof, and digital smart televisions containing the same that infringe the Asserted Patents.
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`32.
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`LG has directly infringed, and continues to directly infringe, the Asserted Patents
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`under 35 U.S.C. § 271(a) and (g) by making, using, selling and/or offering to sell, in this District
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`and elsewhere in the United States, and/or importing into this District and elsewhere in the United
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`States, certain infringing video processing devices, components thereof, and digital smart
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`televisions containing the same, that infringe the Asserted Patents, as further described in detail in
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`Counts I-VIII infra.
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`33. With actual notice of the Asserted Patents, LG has proceeded to directly infringe
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`by making, using, testing, designing, selling, offering to sell, and/or importing in this District and
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`elsewhere in the United States video processing devices, components thereof, and digital smart
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`televisions containing the same that infringe the Asserted Patents. LG has been placed on actual
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`notice of the Asserted Patents at least as early as September 8, 2020, by way of a letter to LG dated
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`September 8, 2020, enclosing claim charts for each Asserted Patent. Furthermore, prior to the
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`filing of this Complaint, LG had actual knowledge of at least the patents listed on the DivX
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`Branding Guidelines, which includes at least one of the Asserted Patents, the ’297 Patent. Finally,
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`by way of a notice letter containing a list of issued patents provided to LG by DivX on or around
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`November 13, 2014, LG had actual knowledge of the patents then-owned by DivX, including the
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`’297 Patent, which issued on September 9, 2014, patents related to the ’486 and ’749 Patents (e.g.,
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`U.S. Patent Application No. 12/946,631, filed on Nov. 15, 2010, now U.S. Patent No. 8,781,122),
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`and patents related to the ’141 Patent (e.g., U.S. Patent Application No. 12/982,413, filed on Dec.
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`30, 2010, now U.S. Patent No. 8,977,768, and U.S. Patent Application No. 11/970,493, filed on
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`Jan. 7, 2008, now U.S. Patent No. 7,886,069). Additionally, the filing of this Complaint also
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`constitutes notice in accordance with 35 U.S.C. § 287.
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`34.
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`LG has also indirectly infringed, and continues to indirectly infringe, the Asserted
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`Patents under 35 U.S.C. § 271(b) and (c). LG contributes to and induces direct infringement by
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`LG’s suppliers, such as Realtek, and others, such as application companies, application developers,
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`retailers, and end-users. For example, on information and belief, retailers such as Best Buy provide
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`floor demonstrations of the operation of LG televisions that infringe. Also for example, on
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`information and belief, when an end-user connects LG televisions that infringe to the internet, such
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`televisions download and/or activate software that facilitate the operation of the infringing systems
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`and methods of those televisions and components thereof. LG knew and had specific intent to
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`induce and encourage this direct infringement of the Asserted Patents by LG’s customers. LG’s
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`customers’ directly infringing acts that are induced and contributed to by LG include importation,
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`sales, use, and offer for sale of articles that are covered by the Asserted Patents.
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`35.
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`LG also contributes to the foregoing infringement by customers by offering to sell,
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`selling, and importing in the United States, LG products that constitute all or a material part of the
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`articles that practice the Asserted Patents. LG knows, or should have known, that such LG
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`products have no substantial non-infringing uses, are a material part of the invention of each
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`Asserted Patent, especially made or especially adapted for use in an infringement of such patent,
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`and not a staple article or commodity of commerce suitable for substantial non-infringing use.
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`36.
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`Further, after receiving actual notice of the Asserted Patents, LG has proceeded to
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`actively induce infringement of the Asserted Patents under 35 U.S.C. § 271(b) by: (1) inducing
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`customers and/or other third parties, including Realtek, to make, use, sell, offer for sale, market,
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`advertise, and/or import video processing devices and components thereof that infringe the
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`Asserted Patents; (2) inducing consumers and/or end users to automatically download and/or
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`activate certain software onto the video processing devices and digital smart televisions containing
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`the same when the devices are turned on and connected to the internet for the first time; and (3) by
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`encouraging third party application developers to create software that enables the infringing
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`behavior of LG’s video processing devices, components thereof, and digital smart televisions
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`containing the same, as described in detail in Counts I-VIII infra.
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`37.
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`Additionally, LG has indirectly infringed, and continues to indirectly infringe the
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`Asserted Patents under 35 U.S.C. § 271(c) by materially contributing to infringement of the
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`Asserted Patents by making, using, selling, offering for sale, advertising, marketing, and/or
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`importing video processing devices, components thereof, and digital smart televisions containing
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`the same that infringe the Asserted Patents, and by instructing those others to infringe the Asserted
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`Patents, as described in detail in Counts I-VIII infra.
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`38.
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`The Accused Products include, but are not limited to, all LG video processing
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`devices, components thereof, and digital smart televisions containing the same. Plaintiff DivX
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`reserves the right to accuse any forthcoming LG technology not yet commercially available.
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`39.
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`LG’s acts of infringement have caused damage to Plaintiff. Plaintiff is entitled to
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`recover from LG the damages incurred by Plaintiff as a result of LG’s wrongful acts.
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`Realtek
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`40.
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`Realtek has and continues to make, have made, use, sell, offer for sale, import, have
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`imported, test, design, and/or market in the United States semiconductor devices that are
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`incorporated into video processing devices, and digital smart televisions containing the same that
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`infringe the Asserted Patents.
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`41.
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`Realtek has directly infringed, and continues to directly infringe, the Asserted
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`Patents under 35 U.S.C. § 271(a) and (g) by making, using, selling and/or offering to sell, in this
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`District and elsewhere in the United States, and/or importing into this District and elsewhere in the
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`United States, certain semiconductor devices, integrated circuits, which are incorporated into video
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`processing devices and digital smart televisions containing the same, that infringe the Asserted
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`Patents, as further described in detail in Counts 1-VIII infra.
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`42. With actual notice of the Asserted Patents, Realtek has proceeded to directly
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`infringe by making, using, testing, designing, selling, offering to sell, and/or importing in this
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`District and elsewhere in the United States, semiconductor devices and integrated circuits
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`incorporated into video processing devices, and digital smart televisions containing the same, that
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`infringe the Asserted Patents. Realtek has been placed on actual notice of the Asserted Patents at
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`least as early as September 8, 2020 by way of a letter to Realtek dated September 8, 2020,
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`enclosing claim charts for each Asserted Patent. Furthermore, prior to the filing of this Complaint,
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`Realtek had actual knowledge of at least the patents listed on the DivX Branding Guidelines, which
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`includes at least one of the Asserted Patents, the ’297 Patent. Additionally, the filing of this
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`Complaint also constitute notice in accordance with 35 U.S.C. § 287.
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`43.
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`Realtek has also indirectly infringed, and continues to indirectly infringe, the
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`Asserted Patents under 35 U.S.C. § 271(b) and (c). Realtek contributes to and induces direct
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`infringement by Realtek’s customer, such as LG, and others, such as application companies,
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`application developers, retailers, and end-users. Realtek’s directly infringing acts that are induced
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`and contributed to by Realtek include importation, sales, use, and offer for sale of articles that are
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`covered by the Asserted Patents. For example, on information and belief, retailers such as Best
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`Buy provide floor demonstrations of the operation of LG televisions containing Realtek
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`components that infringe. Also for example, on information and belief, when an end-user connects
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`televisions containing Realtek components that infringe to the internet, such televisions download
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`and/or activate software that facilitate the operation of the infringing systems and methods of those
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`televisions and components thereof. Realtek knew and had specific intent to induce and encourage
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`this direct infringement of the Asserted Patents by its customers. For example, Realtek
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`“[d]emonstrate[d] [f]ull [r]ange of [c]onnectivity, [m]ultimedia, and [c]onsumer [e]lectronics
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`[s]olutions at 2020 CES” trade show in Las Vegas from January 7th to 10th, 2020. See, e.g.,
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`www.realtek.com/en/press-room/news-releases/item/realtek-to-demonstrate-full-range-of-
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`connectivity-multimedia-and-consumer-electronics-solutions-at-2020-ces (accessed September 6,
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`2020) (noting that “[t]he Realtek RTD2851M is a 4K TV SoC” and with companion RTD2893
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`can offer “a true 8K TV solution that features 8K60Hz decoding with AV1, VP9, and HEVC
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`decoders, 12GHz HDMI2.1 input capable of receiving an 8K data stream, super resolution, 8K
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`noise reduction, and all related 8K picture quality processes”). Realtek’s customers’ directly
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`infringing acts that are induced and contributed to by Realtek include importation, sales, use, and
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`offer for sale of articles that are covered by the Asserted Patents.
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`44.
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`Realtek also contributes to the foregoing infringement by customers by offering to
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`sell, selling, and importing in the United States, Realtek integrated circuits that constitute a
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`material part of the articles that practice the Asserted Patents. Realtek knows, or should have
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`known, that such Realtek integrated circuits have no substantial non-infringing uses, are a material
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`part of the invention of each Asserted Patent, especially made or especially adapted for use in an
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`infringement of such patent, and not a staple article or commodity of commerce suitable for
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`substantial non-infringing use.
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`45.
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`Further, after receiving actual notice of the Asserted Patents, Realtek has actively
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`induced and contributed to, and continues to actively induce and contribute to the infringement of
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`consumers and/or end users by the automatic download and/or activation of certain software to the
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`video processing devices and digital smart televisions containing the same when the devices are,
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`e.g., turned on and connected to the internet for the first time, and by encouraging third party
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`application developers to create software that enables the infringing behavior of Realtek’s video
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`processing devices, components thereof, and digital smart televisions containing the same, as
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`described in detail in Counts 1-VIII infra. For example, according to its own annual report
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`published April 28, 2020, Realtek “is primarily engaged in researching, developing,
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`manufacturing, selling of various integrated circuits and related application software.” See, e.g.,
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`https://www.realtek.com/images/ar/Annual_Report_2019__20200519.pdf (accessed September 6,
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`2020) (also noting that “…Smart TVs will become mainstream products this year, … Realtek will
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`Case 1:20-cv-01202-UNA Document 1 Filed 09/09/20 Page 14 of 41 PageID #: 14
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`promote its products in key markets while providing customers with comprehensive solutions” id.
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`at 76-77).
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`46.
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`Additionally, Realtek has indirectly infringed, and continues to indirectly infringe
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`the Asserted Patents under 35 U.S.C. § 271(c) by materially contributing to infringement of the
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`Asserted Patents by making, using, selling, offering for sale, advertising, marketing, and/or
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`importing semiconductor devices that are incorporated into video processing devices, and digital
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`smart televisions containing the same, that infringe the Asserted Patents, and by instructing those
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`others, such as LG, to infringe the Asserted Patents, as described in detail in Counts 1-VIII infra.
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`47.
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`The Accused Products include, but are not limited to, all Realtek semiconductor
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`devices, integrated circuits, and products incorporated into video processing devices, and digital
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`smart televisions containing the same made, used, sold, offered for sale, and/or imported by others,
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`including but not limited to LG.
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`48.
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`Realtek’s acts of infringement have caused damage to Plaintiff. Plaintiff is entitled
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`to recover from Realtek the damages incurred by Plaintiff as a result of Realtek’s wrongful acts.
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`
`
`COUNT I
`(Defendants’ Infringement of the ’297 Patent)
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`49.
`
`Plaintiff incorporates the allegations of all of the foregoing paragraphs as if fully
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`restated herein.
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`50.
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`Plaintiff is the assignee and lawful owner of all right, title and interest in and to the
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`’297 Patent. The ’297 Patent is valid and enforceable.
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`51.
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`Defendants have directly infringed, and continue to directly infringe, the ’297
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`Patent by making, using, selling, offering for sale, or importing into the United States products
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`that infringe the ’297 Patent including, but not limited to, video processing devices, components
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`thereof (e.g., semiconductor devices and integrated circuits), and digital smart televisions
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`Case 1:20-cv-01202-UNA Document 1 Filed 09/09/20 Page 15 of 41 PageID #: 15
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`containing the same made, used, sold, offered for sale, and/or imported by others, including but
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`not limited to LG. The devices that infringe one or more claims of the ’297 Patent include, but are
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`not limited to, at least the Accused Products. Further discovery may reveal additional infringing
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`products and/or models.
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`52.
`
`For example, and without limitation, the Accused Products infringe at least claims
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`1,1 2-11, 14-17; 18, 19-29, 32-39 of the ’297 Patent. The Accused Products fall within the scope
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`of and include, either literally or under the doctrine of equivalents, all of the elements of the
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`exemplary claims of the ʼ297 Patent.
`
`53.
`
`For example, the LG 43UM6910PUA smart television is an exemplary product
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`covered by at least Claim 1 of the ’297 Patent.
`
`54.
`
`Also for example, the Realtek RTD287o system-on-chip (“SOC”) (on information
`
`and belief, also packaged as the LGE9551 SoC) is also an exemplary product covered by at least
`
`Claim 1 of the ’297 Patent. On information and belief, many other products provided by, and to
`
`be provided by LG and/or Realtek infringe the ’297 Patent.
`
`55.
`
`The Accused Products include all limitations of at least Claim 1 of the ’297 Patent.
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`Specifically, the ’297 Patent claims a playback device configured to perform multiphase adaptive
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`bitrate streaming by requesting portions of encoded media from a plurality of alternative streams
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`of encoded media that are encoded at different maximum bitrates in response to changes in
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`streaming conditions, the playback device comprising: (i) a processor; and (ii) a non-volatile
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`storage containing an application for causing the processor to perform the steps of: (iii)
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`establishing at least one connection for communicating with a remote server system; (iv) obtaining
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`information from a remote server system describing at least one video track, multiple audio tracks,
`
`
`1 Independent claims are identified in bold.
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`Case 1:20-cv-01202-UNA Document 1 Filed 09/09/20 Page 16 of 41 PageID #: 16
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`and multiple subtitle tracks; (v) selecting a video track from the at least one video track; (vi)
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`requesting a header describing the selected video track; (vii) selecting an audio track from the
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`multiple audio tracks; (viii) obtaining index information indicating the locations of audio and video
`
`data within the selected audio and video tracks; (ix) determining byte ranges to request from the
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`selected audio and video tracks using the index information; (x) requesting byte ranges from the
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`selected video track and the selected audio track from the remote server system; (xi) buffering
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`received bytes of information comprising audio and video data; (xii) checking that sufficient data
`
`is buffered to commence playback and playing back the buffered audio and video data; (xiii)
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`responding to a received seek instruction by: pausing playback; (xiv) determining byte ranges to
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`request from the selected audio and video tracks based upon a new playback location using the
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`index information; (xv) requesting byte ranges required to play the selected audio and video tracks
`
`from the new playback location from the remote server; (xvi) buffering received bytes of
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`information comprising audio and video data pending resumption of playback; and (xvii) checking
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`that sufficient data is buffered to commence playback and playing back the buffered audio and
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`video data.
`
`56.
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`For example, the LG E9 Glass 65 inch Class 4K Smart OLED TV w/AI ThinQ®
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`(64.5” Diag), Model Number: OLED65E9PUA, includes a LG Alpha 9 Gen 2 processor
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`configured, via a client application, to request portions of files from a remote server. For example,
`
`the LG OLED65E9PUA runs the webOS operating system and includes a “Full Web Browser,”
`
`media players, GStreamer multimedia framework, and streaming applica