IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`BROADPHONE LLC,
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`Plaintiff,
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`Case No. 2:23-cv-00001-JRG-RSP
`
`V.
`
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`PLAINTIFF’S DISCLOSURE OF
`ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS
`
`Defendants.
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`JURY TRIAL DEMANDED
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`PLAINTIFF BROADPHONE LLC’S DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
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`Pursuant to P.R. 3-1 and P.R. 3-2, Plaintiff Broadphone, LLC (“Broadphone”) hereby
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`provides its disclosure of asserted claims and infringement contentions and its accompanying
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`document production. This disclosure is based on the information available to Broadphone as of
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`the date of this disclosure, before Broadphone has received any discovery on the design or
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`operation of Defendants’ products. Broadphone reserves the right to amend this disclosure to the
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`full extent permitted under the Court’s rules and orders.
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`P.R. 3-1: DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT
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`CONTENTIONS
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`P.R. 3-1(A): ASSERTED CLAIMS
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`Broadphone asserts that Defendants Samsung Electronics Co., Ltd. and Samsung
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`Electronics America, Inc. (collectively, “Samsung”) infringe one or more of the following claims,
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`directly, by inducement, and/or by contributory infringement:
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`1
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`Page 1 of 6
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`SAMSUNG EX-1021
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`

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`U.S. Patent No.
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`Asserted Claims
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`8,170,583
`8,594,698
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`10,341,811
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`1-10, 17-19, and 20
`1-7, 11-13, and 15-16
`1, 4, 5, 15, 18, 19, 24, 25, and
`28
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`Collectively, these two patents are referred to herein as the Asserted Patents, and these
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`claims as the Asserted Claims.
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`P.R. 3-1(B): ACCUSED PRODUCTS OF WHICH BROADPHONE IS AWARE
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`Broadphone is aware of the following accused products that infringe upon each Asserted
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`Claim, based upon information presently available to Broadphone and its investigation to date.
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`Broadphone’s infringement claims are not limited to these listed products and specifically extend
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`to all products and apparatuses of Defendants similar to the listed products that include the claimed
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`elements. Unless otherwise stated, Broadphone’s infringement assertions apply to all variations,
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`versions, editions, and applications of each of the listed products.
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`• Galaxy SmartTag devices, including, but not limited to the SmartTag, SmartTag+,
`and all variations or iterations thereof
`• Galaxy Tab tablet devices, including, but not limited to the S9, S9+, S9 Ultra, S8,
`S8+, S8 Ultra, S6 Lite 2022, S7 FE, S6 Lite, S6 5G, S7+ 5G, S7+, S7 5G, S7,S5e,
`S6, S4, S3, and all variations or iterations thereof
`• Galaxy mobile phone devices, including, but not limited to the S8, S8+, S8 Active,
`S9, S9+, S10, S10+, S10 5G, S10 Lite, S10e, S20, S20+, S20+ BTS Edition, S20
`Ultra, S20 FE, S20, S21, S21+, S21 Ultra, S21 FE, S22, S22+, S22 Ultra, S23, S23+,
`S23 Ultra, Z Fold 5, Z Fold 4, Z Fold 3, Z Fold 2, Fold, Z Flip 5, Z Flip 4, Z Flip 3,
`Z Flip, A3, A5, A6, A6+, A7, A8, A8+, A8 Star, A9, A2 Core, A10e, A10, A10s, A20,
`A20s, A30, A30s, A40, A40s, A50, A50s, A60, A70, A70s, A80, A90, A01 Core,
`A01, A11, A21, A21s, A31, A41, A51, A71, A51 5G, A71 5G, A52s 5G, A73 5G,
`A23 5G, A02, A02s, A12, A22, A22 5G, A32, A32 5G, A42 5G, A52, A52 5G, A52s
`5G, A72, A03 Core, A03, A03s, A13, A13 5G, A23, A23 5G, A33 5G, A53 5G, A73
`5G, A04e, A04, A04s, A14, A14 5G, A24, A34 5G, A54 5G, Note 8, Note 9, Note
`10, Note 10+, Note 10 Lite, Note 20, Note 20 Ultra, and all variations or iterations
`thereof
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`2
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`Page 2 of 6
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`

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`P.R. 3-1(C): CLAIM CHARTS
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`Broadphone’s analysis of Defendants’ products is based upon information that is publicly
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`available and based on Broadphone’s own investigation prior to any discovery in this action. These
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`infringement contentions are based on available public information and reasonable inferences
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`drawn from that information.
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`Broadphone reserves the right to amend or supplement these disclosures for any reason
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`that may be permitted under the Court’s rules and orders. For example, Broadphone reserves the
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`right to amend or supplement based upon discovery of non-public information that Broadphone
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`anticipates receiving from Defendants during discovery, including evidence of the structure,
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`function, and operation of the Accused Products. As another example, the Asserted Claims recite
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`features that are implemented by hardware structures and logic, and Broadphone’s current
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`positions on infringement are set forth without the benefit of access to Defendants’ source code,
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`schematics, drawings, and other proprietary specifications or information, which cannot be
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`obtained through publicly available information for the Accused Products. Therefore, it may be
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`necessary for Broadphone to supplement its positions on infringement after a complete production
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`of such proprietary information by Defendants. As another example, Broadphone’s positions on
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`infringement for specific claims will depend on the claim constructions adopted by the Court.
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`Because said constructions have not yet been made, Broadphone cannot take a final position on
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`the bases for infringement of the Asserted Claims.
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`Attached and incorporated herein in their entirety are charts identifying where each element
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`of the Asserted Claims are found in the Accused Products.
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`3
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`Page 3 of 6
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`

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`Unless otherwise indicated, the information provided that corresponds to each claim
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`element is considered to indicate that each claim element is found within each of the different
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`variations, versions, editions, and applications of each respective Accused Product.
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`P.R. 3-1(D): LITERAL INFRINGEMENT AND DOCTRINE OF EQUIVALENTS
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`Broadphone contends that each element of each Asserted Claim is literally present in each
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`Accused Product. In the alternative, Broadphone contends that certain elements are present under
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`the doctrine of equivalents, as set forth in its P.R. 3-1(c) claim charts. To the extent that Defendants
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`identify specific elements of the Asserted Claims that they contend are not literally present in any
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`Accused Product, Broadphone contends that such elements are present under the doctrine of
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`equivalents.
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`P.R. 3-1(E): PRIORITY DATES
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`Consistent with the priority claims stated on the face of each Asserted Patent, Broadphone
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`contends that each Asserted Patent is entitled to a priority date no later than Sep. 19, 2006.
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`Broadphone reserves the right to assert an even earlier priority date for each Asserted Patent should
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`further investigation, discovery, or Defendants’ invalidity contentions make such supplementation
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`appropriate.
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`P.R. 3-1(F): IDENTIFICATION OF INSTRUMENTALITIES PRACTICING THE
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`CLAIMED INVENTION
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`Based on its investigation to date and recognizing the early stage of this action, Broadphone
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`does not identify any of its own instrumentalities as potentially practicing each Asserted Claim.
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`Broadphone reserves the right to supplement this response should further investigation, discovery,
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`or the Court’s claim construction rulings make such supplementation appropriate.
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`4
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`Page 4 of 6
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`P.R. 3-2: DOCUMENT PRODUCTION ACCOMPANYING DISCLOSURE
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`Broadphone has conducted and continues to conduct a diligent search for documents to
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`produce in this action. Broadphone reserves the right to supplement its production and the
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`responses below as discovery progresses.
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`P.R. 3-2(A) DOCUMENTS
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`Broadphone not aware of any documents in its possession, custody, or control related to
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`the subject matter of P.R. 3-2(a).
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`P.R. 3-2(B) DOCUMENTS
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`Broadphone not aware of any documents in its possession, custody, or control related to
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`the subject matter of P.R. 3-2(b).
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`P.R. 3-2(C) DOCUMENTS
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`Broadphone directs Defendants to the following portions of its production containing
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`documents related to the subject matter of P.R. 3-2(c): BROADPHONE-SAMSUNG-00000001-
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`1058.
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`Date: October 5, 2023
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`5
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`Respectfully submitted,
`
`
`
`/s/ Reza Mirzaie
`
`Reza Mirzaie
`Marc Fenster
`Brian Ledahl
`Christian W. Conkle
`Qi Tong
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`Telephone: 310-826-7474
`
`ATTORNEYS FOR PLAINTIFF,
`BROADPHONE, LLC
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`
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`Page 5 of 6
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`CERTIFICATE OF SERVICE
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`I certify that this document is being served upon counsel of record for Defendants on
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`October 5, 2023 via electronic service.
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`
`/s/ Christian W. Conkle
`Christian W. Conkle
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`6
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`Page 6 of 6
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