United States District Court, D. Delaware
D&M HOLDINGS INC. d/b/a THE D GROUP, D&M HOLDINGS U.S. INC., Plaintiffs,
SONOS, INC., Defendant.
B. Blumenfeld, Michael J. Flynn, MORRIS, NICHOLS, ARSHT &
TUNNELL LLP, Wilmington, DE; John M. Jackson, Matthew C.
Acosta, Blake T. Dietrich, Christopher J. Rourk, Robert P.
Latham, JACKSON WALKER L.L.P., Dallas, TX, David Folsom,
JACKSON WALKER L.L.P., Texarkana, TX; Wasif Qureshi (argued),
JACKSON WALKER L.L.P., Houston, TX. Attorneys for Plaintiffs.
A. Rovner, Jonathan A. Choa, POTTER ANDERSON & CORROON
LLP, Wilmington, DE; George I. Lee, Sean M. Sullivan, Rory P.
Shea, J. Dan Smith, Michael P. Boyea, Cole B. Richter
(argued), Jae Y. Park, LEE SULLIVAN SHEA & SMITH LLP,
Chicago, IL. Attorneys for Defendant.
ANDREWS, U.S. DISTRICT JUDGE
before the Court is Defendant's Motion for Summary
Judgment of Invalidity of U.S. Patent No. 7, 995, 899 (D.I.
186) and related briefing (D.I. 190, 222, 243). The Court
held oral argument on all motions for summary judgment (D.I.
177, 186, 191, 193) on January 30, 2018. (D.I. 278)
("Tr."). For the reasons that follow, the Court
will grant Defendant's Motion for Summary Judgment of
Invalidity of U.S. Patent No. 7, 995, 899. (D.I. 186).
filed a patent infringement action on March 7, 2016 against
Defendant, alleging infringement of several patents,
including U.S. Patent Nos. 7, 734, 850 ("the '850
patent"), 7, 995, 899 ("the '899 patent"),
and 7, 987, 294 ("the '294 patent"). (D.I. 1).
Plaintiffs filed an amended complaint on May 1, 2017. (D.I.
allege infringement of claims 1, 5, 7, 8, 10, and 26 of the
'899 patent. (D.I. 190 at 2; D.I. 222 at 1). Claim 5, 7,
8, and 10 depend from claim 1. They read as follows:
1. A method of playing back a recorded signal, comprising:
obtaining a recording identifier corresponding to the
comparing the recording identifier with previously stored
identifiers in a playback preference database; and
reproducing the recorded signal using previously stored
preferences if the recording identifier is found in the
playback preference database and using default preferences if
the recording identifier is not found in the playback
2. A method as recited in claim 1, further comprising:
obtaining playback preferences during said reproducing; and
storing the playback preferences in the playback preference
3. A method as recited in claim 2, wherein the playback
preferences include audio control settings.
4. A method as recited in claim 3, wherein the audio control
settings include programmable effects.
5. A method as recited in claim 1, further comprising
obtaining the recorded signal from a compact disc.
6. A method as recited in claim 4, further comprising
obtaining the recorded signal from a file of digitally
encoded audio on a computer readable medium.
7. A method as recited in claim 6, wherein the file is
digitally encoded using ...