Case 2:20-cv-00301-JRG Document 1 Filed 09/09/20 Page 1 of 31 PageID #: 1
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`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`
`
`DIVX, LLC,
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD;
`SAMSUNG ELECTRONICS AMERICA,
`INC.; and SAMSUNG ELECTRONICS
`HCMC CE COMPLEX, CO., LTD.,
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`Defendants.
`
`C.A. No.: 2:20-cv-00301
`
`JURY TRIAL DEMANDED
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`DivX, LLC (“DivX” or “Plaintiff”), brings this action for patent infringement under 35
`
`U.S.C. § 271 against Defendants Samsung Electronics Co., Ltd., Samsung Electronics America,
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`Inc., and Samsung Electronics HCMC CE Complex, Co., Ltd. (collectively, “Samsung” or
`
`“Defendants”) and alleges as follows:
`
`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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`Case 2:20-cv-00301-JRG Document 1 Filed 09/09/20 Page 3 of 31 PageID #: 3
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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 Samsung Electronics Co., Ltd. (“SEC”) is a Korean corporation having
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`a principal place of business at 129, Samsung-Ro, Yeongtong-Gu, Suwon-si, Gyeonggi-do, 16677,
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`Rep. of Korea.
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`7.
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`Defendant Samsung Electronics America, Inc. (“SEA”) is a New York corporation
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`having a principal place of business at 85 Challenger Road, Ridgefield Park, New Jersey 07660.
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`8.
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`Defendant Samsung Electronics HCMC CE Complex, Co., Ltd. (“SEHCC”) is a
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`Vietnam corporation having a principal place of business at Lot I-11, D2 Road, Saigon Hi-Tech
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`Park, Tang Nhon Phu B Ward, District 9, Ho Chi Minh City 700000, Vietnam.
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`9.
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`On information and belief, both SEA and SEHCC are wholly owned subsidiaries
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`of SEC.
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`THE ASSERTED PATENTS
`
`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
`
`Amidei. The ’297 Patent expires on December 29, 2031. The ’297 Patent issued from U.S. Patent
`
`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.
`
`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 February 19, 2019,
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`to 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.
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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.
`
`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.
`
`14.
`
`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”).
`
`15.
`
`The Asserted Patents are each valid and enforceable.
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`JURISDICTION AND VENUE
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`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
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`Subject matter jurisdiction is proper in this Court under 28 U.S.C. §§ 1331 and
`
`16.
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`17.
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`1338(a).
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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). SEC and SEHCC are not residents 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. SEA has a regular and established place of business in this District, at 6625
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`Excellence Way, Plano, TX, and at 1100 Klein Road, Plano, TX. SEA currently has 60 job
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`openings at its 6625 Excellence Way office, and 5 job openings at its 1100 Klein Road office, for
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`both engineer roles and sales roles. SEA also employs full-term personnel such as sales personnel
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`and engineers in this District. Further, SEA is registered to conduct business in the State of Texas,
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`and has a Texas Taxpayer Number of 11329511536. SEC, SEA, and SEHCC all have conducted
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`and continue to conduct business in this District, and all have committed and continue to commit
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`acts of patent infringement in this District.
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`19.
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`This Court has personal jurisdiction over Samsung. Samsung has conducted and
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`continues to conduct business within this District. Samsung, directly or through subsidiaries or
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`intermediaries (including distributors, retailers, and others), ships, distributes, makes, uses, offers
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`for sale, sells, imports, and/or advertises (including by providing interactive web pages) its
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`products and/or services in the United States and this District and/or contributes to and actively
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`induces its customers to ship, distribute, make, use, offer for sale, sell, import, and/or advertise
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`(including the provision of interactive web pages) infringing products and/or services in the United
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`States and this District.
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`20.
`
`Samsung, directly and
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`through subsidiaries or
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`intermediaries (including
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`distributors, retailers, and others), has purposefully and voluntarily placed one or more of its
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`infringing products and/or services, as described below, into the stream of commerce with the
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`expectation that those products will be purchased and used by customers and/or consumers in this
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`District. These infringing products and/or services have been and continue to be made, used, sold,
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`offered for sale, purchased, and/or imported by customers and/or consumers in this District.
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`21.
`
`On information and belief, Samsung has also placed video processing devices,
`
`components thereof, and digital smart televisions containing the same (the “Accused Products”),
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`into the stream of commerce by shipping Accused Products into this District, shipping Accused
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`Products knowing that those products would be shipped into this District, 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 this District.
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`JOINDER
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`22.
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`Joinder of Defendants is proper under 35 U.S.C. § 299. The 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 Samsung’s products.
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`23.
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`Examples of these products include, but are not limited to Samsung’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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`24.
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`Plaintiff incorporates the allegations of all of the foregoing paragraphs as if fully
`
`restated herein.
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`25.
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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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`26.
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`Samsung has and continues to make, have made, use, sell, offer for sale, import,
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`have imported, test, design, and/or market in the United States video processing devices,
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`components thereof, and digital smart televisions containing the same that infringe the Asserted
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`Patents.
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`27.
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`Samsung 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 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 (collectively, “Accused Products”).
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`28. With actual notice of the Asserted Patents, Samsung 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 video processing devices, components thereof, and
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`digital smart televisions containing the same that infringe the Asserted Patents. Samsung has been
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`placed on actual notice of the Asserted Patents at least as early as September 8, 2020, by way of a
`
`letter to Samsung dated September 8, 2020, enclosing claim charts for the Asserted Patents.
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`Furthermore, prior to the filing of this Complaint, Samsung had actual knowledge of at least the
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`patents listed on the DivX Branding Guidelines, which includes at least one of the Asserted
`
`Patents, the ’297 Patent. Additionally, the filing of this Complaint also constitutes notice in
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`accordance with 35 U.S.C. § 287.
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`29.
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`Samsung 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). Samsung contributes to and induces direct
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`infringement by Samsung’s suppliers, and others, such as application companies, application
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`developers, retailers, and end-users. For example, on information and belief, retailers such as Best
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`Buy provide floor demonstrations of the operation of Samsung televisions that infringe. Also for
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`example, on information and belief, when an end-user connects Samsung televisions that infringe
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`to the internet, such televisions download and/or activate software that facilitate the operation of
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`the infringing systems and methods of those televisions and components thereof. Samsung knew
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`and had specific intent to induce and encourage this direct infringement of the Asserted Patents by
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`Samsung’s customers. Samsung’s customers’ directly infringing acts that are induced and
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`contributed to by Samsung include importation, sales, use, and offer for sale of articles that are
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`covered by the Asserted Patents.
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`30.
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`Samsung also contributes to the foregoing infringement by customers by offering
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`to sell, selling, and importing in the United States, Samsung products that constitute all or a
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`material part of the articles that practice the Asserted Patents. Samsung knows, or should have
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`known, that such Samsung products have no substantial non-infringing uses, are a material part of
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`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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`31.
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`Further, after receiving actual notice of the Asserted Patents, Samsung has
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`proceeded to actively induce infringement of the Asserted Patents under 35 U.S.C. § 271(c) by:
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`(1) inducing customers and/or other third parties to make, use, sell, offer for sale, market, advertise,
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`and/or import video processing devices and components thereof that infringe the Asserted Patents;
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`(2) inducing consumers and/or end users to automatically download and/or activate certain
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`software onto the video processing devices and digital smart televisions containing the same when
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`the devices are turned on and connected to the internet for the first time; and (3) by encouraging
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`third party application developers to create software that enables the infringing behavior of
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`Samsung’s video processing devices, components thereof, and digital smart televisions containing
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`the same, as described in detail in Counts I-VIII infra.
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`32.
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`Additionally, Samsung 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 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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`33.
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`The Accused Products include, but are not limited to, all Samsung 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 Samsung technology not yet commercially available.
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`34.
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`Samsung’s acts of infringement have caused damage to Plaintiff. Plaintiff is
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`entitled to recover from Samsung the damages incurred by Plaintiff as a result of Samsung’s
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`wrongful acts.
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`
`
`COUNT I
`(Defendants’ Infringement of the ’297 Patent)
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`35.
`
`Plaintiff incorporates the allegations of all of the foregoing paragraphs as if fully
`
`restated herein.
`
`36.
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`Plaintiff is the assignee and lawful owner of all right, title and interest in and to the
`
`’297 Patent. The ’297 Patent is valid and enforceable.
`
`37.
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`Defendants have directly infringed, and continue to directly infringe, the ’297
`
`Patent by making, using, selling, offering for sale, or importing into the United States products
`
`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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`containing the same. The devices that infringe one or more claims of the ’297 Patent include, but
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`are not limited to, at least the Accused Products. Further discovery may reveal additional
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`infringing products and/or models.
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`38.
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`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
`
`asserted claims of the ʼ297 Patent.
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`39.
`
`Samsung’s 65" Class Q90R QLED Smart 4K QLED TV (Model No.
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`QN65Q90RAFXZA) is an exemplary product covered by at least Claim 1 of the ’297 Patent. On
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`information and belief, many other products provided by, and to be provided by Samsung infringe
`
`the ’297 Patent.
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`40.
`
`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,
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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
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`data within the selected audio and video tracks; (ix) determining byte ranges to request from the
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`1 Independent claims are identified in bold.
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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
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`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
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`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.
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`41.
`
`For example, the Samsung QN65Q90RAFXZA, includes a Samsung Quantum
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`processor configured, via a client application, to request portions of files from a remote server.
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`For example, the Samsung QN65Q90RAFXZA runs the Tizen OS and includes AVPlay API, web
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`browsers, video players, gstreamer multimedia framework, and streaming applications such as
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`Amazon Prime Video. The client application further configures the processor to commence
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`streaming of the encoded media in a first operational phase utilizing a first set of stream switching
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`conditions by requesting portions of the encoded media from one of the plurality of alternative
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`streams encoded at a specified maximum bitrate. For example, the Samsung QN65Q90RAFXZA
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`supports adaptive streaming protocols such as MPEG-DASH that can seamlessly switch across
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`different representations of the same media component.
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`42.
`
`Defendants have, and continue to, indirectly infringe(d) the ’297 Patent by actively
`
`inducing and contributing to the infringement of the ’297 Patent by others, such as semiconductor
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`manufacturers, customers, resellers, and retailers. For example, Samsung has induced
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`semiconductor manufacturers to produce components that, when incorporated into Samsung’s
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`downstream products, enable their infringing behavior, and such downstream products are then
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`made, sold, offered for sale, and/or imported throughout the United States, including within this
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`District.
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`43.
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`Furthermore, Samsung has actively induced and contributed to, and continues to
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`actively induce and contribute to the infringement of consumers and/or end users by the automatic
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`download of certain software to the video processing devices and digital smart televisions
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`containing the same when the devices are turned on and connected to the internet for the first time,
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`and by encouraging third party application developers to create software that enables the infringing
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`behavior of Samsung’s video processing devices, components thereof, and digital smart televisions
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`containing the same.
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`44.
`
`Defendants specifically
`
`intended
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`these others, such as semiconductor
`
`manufacturers, customers, resellers, and retailers, to infringe the ’297 Patent and knew that these
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`others perform acts that constituted direct infringement. For example, Defendants designed the
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`Accused Products such that they would each infringe the ’297 Patent if made, used, sold, offered
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`for sale, or imported into the United States. Defendants provided, directly or indirectly, Accused
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`Products to others, such as, but not limited to, customers, knowing and intending that those others
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`would use, sell, offer for sale, and/or import in and into the United States downstream products
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`that include the Accused Products, thereby directly infringing one or more claims of the ’297
`
`Patent.
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`45.
`
`The Accused Products have no substantial non-infringing uses and are a material
`
`part of the invention. Any manufacture, use, sale, offer for sale, or importation in or into the United
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`States of an Accused Product, a component thereof, or a downstream product containing the same
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`infringes the ’297 Patent. Thus, the Accused Products have no substantial non-infringing uses.
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`Moreover, the Accused Products that encompass semiconductor devices and integrated circuits
`
`provide vital functionality to the downstream products, such Accused Products constitute a
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`material part of the invention claimed in the ’297 Patent.
`
`46.
`
`Defendants have had knowledge of the ’297 Patent since at least as of receiving
`
`letters dated September 8, 2020, enclosing claim charts for the Asserted Patents. Furthermore,
`
`prior to the filing of this Complaint, Samsung had actual knowledge of at least the patents listed
`
`on the DivX Branding Guidelines, which includes at least one of the Asserted Patents, the ’297
`
`Patent.
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`47.
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`Defendants’ continued infringement of the ’297 Patent has damaged and will
`
`continue to damage Plaintiff.
`
`48.
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`Plaintiff is entitled to recover damages adequate to compensate it for Defendants’
`
`infringement.
`
`COUNT II
`(Defendants’ Willful Infringement of the ’297 Patent)
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`49.
`
`Plaintiff incorporates the allegations of all of the foregoing paragraphs as if fully
`
`restated herein.
`
`50.
`
`51.
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`Defendants have willfully infringed and/or do willfully infringe the ’297 Patent.
`
`Prior to the filing of this Complaint, Defendants had actual knowledge of at least
`
`the patents listed on the DivX Branding Guidelines, which includes at least one of the Asserted
`
`Patents, the ’297 Patent. Further, Defendants received actual notice of the ’297 Patent at least as
`
`early as September 8, 2020 by way of letters dated September 8, 2020, enclosing claim charts for
`
`the Asserted Patents. After receiving such actual notice of the ’297 Patent, Defendants proceeded
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`to make, use, test, sell, and/or offer to sell in this District and elsewhere in the United States, and
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`import into this District and elsewhere in the United States, the Accused Products.
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`52.
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`On information and belief, Defendants engaged in such activities despite an
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`objectively high likelihood that their actions constituted infringement of valid patents, including
`
`the ’297 Patent. Defendants knew and should have known that their actions would cause direct
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`and indirect infringement of the ’297 Patent.
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`COUNT III
`(Defendants’ Infringement of the ’486 Patent)
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`53.
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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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`54.
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`Plaintiff is the assignee and lawful owner of all right, title and interest in and to the
`
`’486 Patent. The ’486 Patent is valid and enforceable.
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`55.
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`Defendants have directly infringed, and continue to directly infringe, the ’486
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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 ’486 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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`containing the same. The devices that infringe one or more claims of the ’486 Patent include, but
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`are not limited to, at least the Accused Products. Further discovery may reveal additional
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`infringing products and/or models.
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`56.
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`For example, and without limitation, the Accused Products infringe at least claims
`
`1, 2-5, 7-10, 13, 14; 15, 16-19, 21-25 of the ’486 Patent. The Accused Products fall within the
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`scope of and include, either literally or under the doctrine of equivalents, all of the elements of the
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`asserted claims of the ʼ486 Patent.
`
`- 14 -
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`Case 2:20-cv-00301-JRG Document 1 Filed 09/09/20 Page 15 of 31 PageID #: 15
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`57.
`
`Samsung’s 65" Class Q90R QLED Smart 4K QLED TV (Model No.
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`QN65Q90RAFXZA) is an exemplary product covered by at least Claim 1 of the ’486 Patent. On
`
`information and belief, many other products provided by, and to be provided by Samsung infringe
`
`the ’486 Patent.
`
`58.
`
`The Accused Products include all limitations of at least Claim 1 of the ’486 Patent.
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`Specifically, the ’486 Patent claims a playback device for playing back encrypted video, the
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`playback device comprising: (i) a set of one or more processors; (ii) and a non-volatile storage
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`containing a playback application for causing the set of one or more processors to perform the
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`steps of: (iii) receiving a container file with video data at a parser; extracting portions of the
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`container file using the parser, (iv) wherein the container file comprises: video data with a plurality
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`of partially encrypted frames, wherein each partially encrypted frame contains encrypted portions
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`and unencrypted portions of data; and (v) a set of cryptographic information describing the
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`encrypted portion of each partially encrypted frame, (vi) where cryptographic information for a
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`partially encrypted frame comprises: cryptographic material for the encrypted portion of the
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`partially encrypted frame, and a block reference that identifies the encrypted portion of the partially
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`encrypted frame, (vii) providing each partially encrypted frame, the cryptographic material for
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`each partially encrypted frame, and the block reference for each partially encrypted frame from
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`the parser to a video decoder; (viii) identifying the encrypted portion of each partially encrypted
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`frame using the block reference for each partially encrypted frame; (ix) deciphering a frame key
`
`for each partially encrypted frame using the cryptographic material for each partially encrypted
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`frame to produce a frame key for each partially encrypted frame; (x) decrypting the encrypted
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`portion of each partially encrypted frame based upon the frame key for each partially encrypted
`
`- 15 -
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`Case 2:20-cv-00301-JRG Document 1 Filed 09/09/20 Page 16 of 31 PageID #: 16
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`frame using the video decoder; and (xi) decoding each decrypted frame for rendering on a display
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`device using the video decoder.
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`59.
`
`For example, the Samsung QN65Q90RAFXZA, runs on the Tizen OS, and includes
`
`a Samsung Quantum processor, and the Kioxia THGBMHG6C1LBAIL 8Gb e-MMC memory.
`
`The Samsung Quantum processor can be caused to receive container files, including but not limited
`
`to MP4 container files. At least one of the Samsung QN65Q90RAFXZA’s supported streaming
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`protocol clients, for example, a MPEG-DASH client, in conjunction with one of the Samsung
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`QN65Q90RAFXZA’s supported DRM clients, for example PlayReady, receives MP4 container
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`file(s) with video data at a segment parser where portions of the container file are extracted. The
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`container file comprises partially frame encrypted video data with a set of cryptographic
`
`information describing the encrypted portion of each partially encrypted frame. For example, MP4
`
`container files include multiple video segments that contain partial frame encryption data, for
`
`example Sample Auxiliary Information Offset Boxes (‘saio’) and Sample Auxiliary Size Boxes
`
`(‘saiz’). Further, the Samsung QN65Q90RAFXZA provides each partially encrypted frame, the
`
`cryptographic material for each partially encrypted frame, and the block reference for each
`
`partially encrypted frame from the parser to a video decoder. For example, the Gstreamer pipeline
`
`on the Tizen OS includes a video decoder that receives the block reference from the video parser.
`
`Also for example, the Gstreamer pipeline on the Tizen OS includes a video decoder to decode each
`
`decrypted frame, and the video data is decoded for display.
`
`60.
`
`Defendants have, and continue to, indirectly infringe(d) the ’486 Patent by actively
`
`inducing and contributing to the infringement of the ’486 Patent by others, such as semiconductor
`
`manufacturers, customers, resellers, and retailers. For example, Samsung has induced
`
`semiconductor manufacturers to produce components that, when incorporated into Samsung’s
`
`- 16 -
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`Case 2:20-cv-00301-JRG Document 1 Filed 09/09/20 Page 17 of 31 PageID #: 17
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`downstream products, enable their infringing behavior, and such downstream products are then
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`made, sold, offered for sale, and/or imported throughout the United