Professional Documents
Culture Documents
EXHIBIT A
SOFTWARE LICENSE AGREEMENT
FILED UNDER SEAL
EXHIBIT B
U.S. PATENT NO. 5,777,992
Lokho?'
[54]
[5 8]
Asslgncg:
[*] Notice:
'
'm'
Feb 111990
[51]
[52]
[Nu
..
pp
N m Hand
e e
370/471
ABSTRACT
s """"""""""""" "
Nemerlands '
8901402
"
Im, (11,6
375/242
FRAME]
I
|
370/480
370/471
[57]
lication Data
Wharton ........ ..
3 Y hik
Jun. 7, 1995
[30]
8/1983
Related US. A
[63]
4,399,329
5,487,067
5.323.396.
Filed:
4,398,290
[22]
Rgferences Cited
5,24 .535
'
[21]
[56]
5,777,992
*Jul. 7, 1998
FRAME] + 1
I
l
>t
-* '
US. Patent
Jul. 7, 1998
Sheet 1 of 11
FRAME j
5,777,992
FIG. 1a
FRAMEIH
FIG. 1b
111
i111
SYNC AND
SYSTEM INFO
ALLOCATION
INFO
SCALE I
FACTORS :
w 11w
FIG. 2
'
SYYNCSITGNAL
'
'
'
'
'
'
'
'm'anwis'
'
'FRAME'FORMA'HNW
.91sb11i...1.P23b24,1,.l.P31
v'l
US. Patent
Jul. 7, 1998
BR
Fs
bitrate
sample freq.
(kbits/s)
Sheet 2 0f 11
(kHz)
5,777,992
B
# slots in a frame
128
32
44. 1
48
48
34 + padding
32
192
32
44. 1
48
72
52 + padding
48
256
384
32
96
44 . 1
48
69 + padding
64
32
44 .1
48
144
104 + padding
96
FIE.5
bitrace
(kbits/s)
total # frames in
padding sequence
# frames with
a dummy slot
128
147
122
192
49
12
147
97
49
24
256
3B4
.FIB.B
US. Patent
Jul. 7, 1998
Sheet 3 of 11
Frame type
B11; 24
format A
format B
Bits
27
01. 01
31
5,777,992
Mode indication
no copyright,
Sample Freq.
5213 eC rh ea 0n
4
4.r
3A.r
4.434
3e
42Be
.4
8
B
28
4B2
4.
SS5S.S-~. ee11eae11l
t tt
own rec.
no copyright, software
Emphasis
a
s
.
n5CS 0 C elT huiJnl?.r seS1 .lC7i
P
D.0.
P
W.
m
5
m
m
T
5
//./
./I
FIB.7
mode
channel I
channel II
stereo
2 channel mono
1 channel mono
left
program I
program I
program II
not used
right
S
s
S
s
US. Patent
Jul. 7, 1998
5,777,992
Sheet 4 0f 11
length of samples
allocation
info
in bits
\OQtUl-hLIM
0000
0001
0010
0011
0100
0101
0110
0111
1000
1001
1010
1011
1100
1101
1110
1111
F159
slot
I-l
slot
I-5
slot
I-9
slot
I-13
slot
I-17
slot
2:
II-l
3:
I-3
II-3
I-4
II-4
I-7
II?
I-&
II-S
II-5
I-6
II-9
I-lO
II-IO
I-11
II-ll
I-l2
II-l2
I-l4
II-14
I-15
II-lS
I-16
II-16
I-18
III-18
I-l9
-IIl9 I-20
II-20
I-22
III-22
I-23
III-23
I24
II-24
I-26
II-26
I-27
II-27
I2B
III-2B
I-30
III-3O
I-31
III-'31
I-32
III-32
5:
II-l3
121-17
7:
I-21
II-Zl
slot 8:
I-25
II-25
slot 9:
I-29 II-29
FIG.10
slot
I-l
slot
I-5
slot
I-9
slot
I-l3
II-l
II-Z
I-3
III-3
I-4
II-S
II-G
I-7
II-7
I-B
II-Q
I-10
II-lO
I-11
II-ll
I-12
II-lB
I-14
III-14
I-15
III-l5
I-16
FIBH
US. Patent
Jul. 7, 1998
Sheet 5 0f 11
'SYST. INFO
18
2 l f 21 23\ l
I ALLDC. INFO
FIG. I2
MEM
M mm
:5
W.Mmm
~23
5,777,992
m
6L m + C
W!
FIG. I3
26
=2YOI
5\Q|O E/IS
FIG. 15a
SAMPLES
SF I, m SF I], m
PL
m 4%8
FIG. 14
a,
sF
\rm.
ML5
Mmm
FC. . G 5 L.C
F win I 5 d
US. Patent
Jul. 7, 1998
_ in!I T I SYNC.
I I I SIGNAL
I l I
I
Bits 16 to 19
ER
I|
Sheet 7 0f 11
I blmlbmp?llillbw
|
Ia'Rl
F?|
Pkalbu
I1"? I
l 5;"
: bitrate index
HR
48 kHz
sec.)
32
64
96
128
160
192
224
256
288
320
352
384
416
448
5,777,992
# slots
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
8
l6
24
32
4O
48
56
64
72
8O
88
96
104
112
F5
44 . 1 kHz
32 kHz
# slots
8
17
26
34
43
52
6O
69
'78
87
95
104
113
121
ii slots
12
24
36
48
60
72
84
96
108
120
132
144
+ padding
156
168
PO POI-
44.1 kHz
48
kHz
32
kHz
reserved
: Future Use
US. Patent
MODE
t'21. l
Bits 24 and 25
swncu
"I
, "31
O 0
O 1
1 O
stereo
intensity stereo
bilingual
mono
0
1
0
1
subbands
subbands
subbands
subbands
5
9
1 '3
17
33
3-!
32
32
Bit 28
Copyright
Bit 29
Original/Home Copy
in
in
in
in
intensity
intensity
intensity
intensity
stereo
stereo
stereo
stereo
mode
mode
mode
mode
no copyright
Mono mode
[MPH
Mode indication
Bits 26 and 27
0
0
1
1
5,777,992
Sheet 8 of 11
J u]. 7, 1998
copyright protected
Copy
Original
O 0
no emphasis
1 0
reserved
CCI'IT J.l7
O 1
'
M = mono signal
slot 2:
14-1
slot 3:
14-9
slot 4:
14-17
slot 5:
14-25
14-2
14-3
14-4
M-S
14-6
14-7
4-8
14-10
14-11
M-lZ
M-13
M-14
M-lS
M16
14-18
14-19
14-20
14-21
14-22
14-23
"3"
M-26
14-27
14-28
14-29
14-30
14-31
M-J2
FIG.Z1
US. Patent
Ju].7,1998
Sheet 10 0f 11
5,777,992
.2:
E
gem;x3
E
l
.
"2.25?E53g,3%2"ms5:n.".5:ias?a;e;E3s2.:
m
1m
m
Q:
y
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5
we
"
2%
US. Patent
Jul. 7, 1998
5'
Sheet 11 0f 11
5,777,992
TRUNCATED
0 +1
0 0.75
011
no
-- 0.71
-- 0.50
010
m1
"'
" -0.75
110
101
000
-1
100
-0.71
~ -1
k
(a)
110
(b)
(C)
(d)
010
0.50
101
001
011
111
0.25
001
010
110
101
-0.50
-0.75
0,287 " m1
0571
000 '
100
-1.00
0.057 I
(a)
(b)
(C)
100
000
0.25
81
0.057 371
0.00
0,571 I 0'42
0207
0'14
0.00 "
'
(d)
J
PIC;20
5.777.992
2
masking threshold.
cation Ser. No. 081173.850 ?led Dec. 27. 1993. now US.
Pat. No. 5.606.618. which is a continuation of US. patent
20
30
45
mately 2.5 bits per signal sample. The quality of the replica
65
5.777.992
tion makes it possible for the receiver and thus the decoder
in the receiver to be ?exible and enables the received digital
signal.
tape.
decoding.
needed to enable the continuous serial bit stream of the 25 signal. These samples are represented by means of 16-bit
samples in the third frame portion to be subdivided into the
twos complement words. If N=32 is selected. one frame of
various individual quantized samples of the correct number
this digital audio interface standard can transmit exactly one
used.
the case that all the samples would have to be stored in the
decoder. Immediately upon arrival of the serial data stream
45
sample frequency F,
50
55
invention.
invention
FIG. 5 is a table showing the number of information
packets B in a frame. for certain values of bit rate BR and
carrier.
65
5 .777.992
5
arrangement.
of the bit rate BR and three values for the sample frequency
F,. It is evident that for a sample frequency FE equal to 44.1
kHz the parameter P is not an integer in all cases and that
ciated with the ?rst portion of FIG. 17. for a stereo intensity
mode.
20
additional signal.
with largest absolute value to an intermediate value used for 25 bers in the second and the third column from each other this
digital representations.
35
such as 1P3. comprises N bits b0. bl. b2. . . . . bN_l. see FIG.
10.
Number of Packets
The number of information packets in a frame depends
upon
(a) the bit rate BR with which the second digital signal is
transmitted through the transmission medium.
(b) the number of bits N in an information packet. N being
larger than 1.
(c) the sample frequency F, of the wide-band digital
signal. and
(d) the number of samples n, of the wide-band digital
signal.
digital signal.
55
65
5.777.992
20
30
35
information packets.
verts 8-bit data words into 10-bit data words. and enables an 45 word AW which is 0100 indicates that the samples are
receiver.
Frame Format
The composition and content of the frames will now be
50
55
65
5.777.992
10
samples in total.
Scale Factors
In the transmitter the samples may be multiplied by a
scale factor prior to their quantization. For each of the
subbands and channels the amplitudes of the twelve samples
are divided by the amplitude of that sample of the twelve
samples which has the largest amplitude. In that case a scale
factor should be transmitted for every subband and every
channel in order to enable the inverse operation to be
30
45
SF IL32.
quantized.
5.777.992
11
12
samples for the quantised subband signals for all the sub
10
London 1988.
The Receiver
As shown in FIG. 4. the receiver 5 comprises a decoder.
which decodes the signal encoded in the coder 6 of the
transmitter l and converts it into a replica of the wide-band
the processing unit 18 over the line 14. The scale factors are
then stored in the memory 12. which has 64 locations for the
storage of the 64 scale factors. If a B-formar frame is being
unit 18 over the line 13. the switch 11 is in the lower position
at the instant at which the third frame portion F133 of a frame
incoming frame.
45
to the memory 12 that only the scale factors for the subbands
l to 16 are overwritten by the scale factors in the B-format
frame. Subsequently. as a result of another control signal
applied over the line 13. the switch 11 is changed to the
upper position shown in the drawing. so that the samples are
50
the line 22. the multiplier ?rst derives the individual samples
of the correct bit length from the serial data stream applied
over the line 16.
The samples are then multiplied so as to restore them to
13
5 777.992
Not all the control signals are shown. This is not necessary
because the details of operation of the receiver will be
applied.
Lin and SF llm and the associated x samples for these two
channels in the subband In. FIG. 15b shows the samples for
the two channels in the subband in combined to blocks.
whereas normally they are distributed within the third frame
Other Embodiments
Stereo Coding
14
25
FIG. 150 shows another format. The two scale factors for
the ?rst and the second channel in the subband are still
audio by J. Watkinson.
Again it is to be noted that the signal supplied by the unit
45
50
encoded information to the various tracks.
de?nition is then more accurate than in the example illus
FIG. 14 shows diagrammatically an embodiment of the
receiver 5. which may be used in conjunction with the
trated in FIG. 15b, while at the same time room is saved in
the third frame portion so that the bits saved can be allocated
transmitter of FIG. 13; the two may form one apparatus
which then provides transmission over time instead of
where the need is greater.
distance. The receiver shown is a player or read device for
When the signals included in the third frame portion as
reading the record carrier 25 on which the wide-band digital
illustrated in FIG. 15c are reproduced at the receiving end.
signal has been recorded by means of the device shown in
a stereo effect is obtained which is referred to as intensity
FIG. 13. in the form of the second digital signal described
stereo. Here. only the intensities of the left-channel and the
above. The second digital signal is read from a track on the
right-channel signals (in the subband m) can di?er because
record carrier by the read head 29 and is applied to the
of a different value for the scale factors SF I.m and SF ]I.m.
receiver 5. which may be for example of a construction as
Thus different kinds of information relating to the stereo
nature of the audio signal can be represented by the com
shown in FIG. 12. Again the read device 28 may be
15
5.777.992
16
35
block The M scale factors are supplied to the unit 33 (if 45 sample of SEQ. the ?rst sample of SE2. the second sample of
present) over the lines 47.1 to 47.M. The subband signals are
$33. the second sample of SB 1. the third sample of S133. the
second sample of 5B2. the fourth sample of SE3. . . . etc. The
supplied both to an allocation control unit 49 and (scaled if
sequence in which the allocation information for these
that option is in use) to M quantisers 48.1 to 48.M. For every
subbands is then inserted in the second frame portion will
subband the allocation control unit 49 de?nes the number of
bits with which the relevant subband signal should be 50 then be: ?rst the allocation word for SB 1. then the allocation
quantised. This allocation information is applied to the
word of SE3. and subsequently the allocation word for $13,.
The same applies to the scale factors. Moreover. the receiver
respective quantisers 48.1 to 48.M over the lines 50.1 to
can derive. from the transmitted system information. that in
50.M. so that these quantisers correctly quantise the 12
55
EXHIBIT C
U.S. PATENT NO. 5,323,396
l l l l l l l l l l l l l lIl l l l l l l l l l l l l l l l l l l l l l l l
USOO5323396A
[11]
[45]
[75] Inventor:
[73] Assignee:
Netherlands
NY.
[30]
[51]
[52]
[58]
375/122; 395/21
32-40
[56]
4,569,075
2/1986
4,896,362
l/1990
4,899,384
2/1990
Crouse et a1. .
4,922,510
5/1990
375/19
.... .. 375/122
OTHER PUBLICATIONS
doned.
5,323,396
pp. 327-331.
[63]
Patent Number:
Date of Patent:
References Cited
U.S. PATENT DOCUMENTS
4,464,782
8/1984
4,535,472
8/1985
US. Patent
FRAME]
Sheet 1 of 10
FRAMEj+1
1I
5,323,396
'
1a
>!
W?
FlG.1b
_________________________ __
--->(
FIG 10
_.>t
F01
m2
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we
TPP M11
FIG. 2
v
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b0 1
smdsisuk?
1
'
'
'
maawTs'
'
IFRMEYFOR'MAIINFO'
Ulhsbm.HHP?buHHHPsT
QUANTlZER
\SSB FWD
i
855 $
FILTER\
TRANSMITTER
SSBM
6 7
g
I
5
RECEIVER-j
US. Patent
BR
F5
bitrate
sample freq.
(kbits/s)
128
192
(kHz)
Sheet 2 of '10
8
# slots in a frame
32
48
44.1
34 + padding
48
32
32
72
44.1
44.1
48
48
96
.
69 + padding
64
32
384
52 + padding
48
32
256
5,323,396
144
44.1
- 104 + padding
48
96
FIGS
bitrate
(kbits/s)
total 1 frames in
padding sequence
# frames with
a dummy slot
128
147
122
192
49
12
256
147
384
49
FIG.6
'
97
24
US. Patent
Bit 24
Sheet 3 of 10
Frame type
format A
format 8
01. 01
Bits 27 31
5,323,396
Mode indication
no copyright, software
copyright, on recording
copyright, software
Sample Freq.
1825 hr.n u
eCCeC aaa2aseaaeeeaa
n
o
n
n.
n
m
o
o.o
s
.
.s
.s
...
2
428e
4284e
824.48
l11eee11
tt t
.m
.m
.w
zzzz
Emphasis
WSIHMWS
FIG. 7
mode
channel I
stereo
2 channel mono
1 channel mono
program I
program I
left
s
s
s
channel II
right
program II
not used
.s
a
.a
s
.a
s
a
US. Patent
allocation
into
length 0! samples
in bits
\OQUIbl-N
0000
0001
0010
0011
0100
0101
0110
0111
1000
1001
1010
1011
1100
'
5,323,396
Sheet 4 of 10
1101
1110
1111
FIGS
slot
I-l
slot
1-5
slot
1-9
slot
I-13
slot
1-17
slot
I-Zl
slot
I-25
slot
1-29
11-1
1-2
II-Z
II-5
I-6
II-6
1-10
II-lO
11-13
1-14
11-17
7:
11-21
8:
I-3
II u
H .5
I
II-4
II-7
I-8
II-8
I-11
n-n
1-12
II-12
II-l4
I-15
II-lS
I-16
II-16
1-18
III-18
I-19
11-19
1-20
II-ZO
1-22
II-2_2
I-23
n-za' I-24
II-24
11-25
1-26
II-26
I-27
n-zv
z-za
III-28
11-29
1-30
II-SO
I-31
II-31
I-32
II-32
II-4
II-9
5:
6:
9:
H610
slot
1-1
11-1
slot 3:
1-5
11-5
slot 4:
1-9
11-9
slot
1-13 II-13
1-2
II-Z
I-3
I-4
1-6
II-6
I-7
I-B
1-10
II-lO
I-11
I-12
I-14
II-14
I-15
FISH
'
II-B
III-12
II-16
US. Patent
188
15
h
19\ v
Sheet 5 of 10
SYSF. INFO
20
CPU
5,323,396
ALLOC. INFO
14
2
J
I [21 23\
17 >
__.
{12
@- FILTER Eouumzen 5
000m
p
FIG. 13
FILTER
5% Sod P5
w
m %8
26
F0
FlG.15a
SAMPLES
SF I, m SF II, m
f{|l4 x uw Lnmmm,
SFm
x SAMPLES l, m (y BITS/SAMPLE)
x SAMPLES H, m (y BITS/SAMPLE)
FEl G 41| 5
bC.
FlG.15d
US. Patent
Ml
I-
I. l fvllcl
Sheet 7 of 10
I "a I
5,323,396
'
'FUI'MIXI
BR
BR
48 kHz
sec.)
1? slots
p5
44. 1 kHz
32 kHz
# slots
32
64
16
17
24
96
24
. 26
36
4
5
6
7
8
9
10
11
32
40
48
56
64
72
8O
88
34
43
52
60
69
78
87
95
48
60
72
84
96
108
120
132
128
160
192
224
256
288
320
352
# slots
12
' 384
12
96
104
144
416
448
13
14
104
112
113
121
156
168
+ padding
0
1
0
1
44.1 kHz
.48
kHz
32
kHz
reserved
: Future Use
US. Patent
ma
bu,
Sheet 8 0f 10
svmca
5,323,396
EHPH
"
J21
stereo
O 1
l 0
intensity stereo
bilingual
l l
mono
subbands
0 1
1 O
1 l
subbands
subbands
subbands
5 -
32
9 - 33
13 32
17 32
Bit 28 : Copyright
no copyright
copyright protected
Copy
Original
0 0
no emphasis
O 1
l O
1 l
Mono
mode
'
reserved
CCIT'I J.l7
'
M = mono signal
slot
2:
11-1
slot 3:
14-9
slot 4:
M-l?
slot
'
11-2
14-3
11-4
14-5
M-6
14-7
M-8
M-lO
M-ll
M-l2
M-l3
M-14
M-lS
M'16
M-l8
14-19
M-ZO
14-21
14-22
M-23
M'pll
14-30
14-31
"-32
5:
11-25
M-26
11-27
14-28
H621
11-29
US. Patent
Sheet 9 of 10
5,323,396
slot 3:L-l
14-5
slot 4:
14-13
slot 5:
14-21
slot 6:
11-1
L-2
12-2
L-3
11-13
L-4
11-!
14-6
14-7
14-8
14-9
14-10
14-11
M-12
14-14
14-15
14-16
14-17
14-18
14-19
14-20
14-22
14-23
14-24
14-25
14-26
14-27
14-28
'32
220
slot 2:
L-l
slot 3:
L-5
slot 4:
11-9
slot
R-l
L-2
R-Z
L-3
R-3
L-h
11-11
R-S
L-6
R-6
L-7
R-7
L-8
R-8
11-12
11-13
14-14
14-15
W16
11-10
11-11
5:
14-17
slot 6:
14-25
14-18
14-19
14-20
14-21
14-22
14-23
H21;
14-26
14-27
14-28
14-29
14-30
14-31
M-BTZ
slot 2:
L-l
slot 3:
L-S
slot
4 :
L-9
slot 5:
14-13
R-l
L-2
R-2
L-3
R-3
L-ll
11-!
R-S
L-6
R-6
L-7
R-7
L-8
R-S
R-9
L-lO
R-lO
L-ll
R-ll
L-12
R-12
slot 6:
14-21
14-14
14-15
14-16
14-17
14-18
14-19
)4-20
14-22
14-23
14-24
14-25
14-26
14-27
14-28
14-29
114-30
14-31
14-32
FlG.22c
slot 2:
L-l
slot 3:
L-5
slot 4:
L-9
slot 5:
L-l3
slot 6:
'
R-1
L-2
R-2
L-3
12-3
11-14
11-11
R-S
L-6
R-6
L-7
12-7
1-8
12-8
11-9
L-lO
12-10
L-11
11-11
11-12
11-12
12-13
L-14
12-14
L-15
12-15
L-16
11-16
11-17
14-18
14-19
11-20
14-21
11-22
11-23
11-211
slot 7:14-25
14-26
14-27
14-28
14-29
14-30
11-31
14-32
US. Patent
'
F01
'
smz
FDZ
'
momma
svsrzmrn
Sheet 10 0f 10
F03
5cm! sums
mm
FACTORS:
1m 1 ADDIHMIAL
{m0 {
: F01.
FIG 23
SEN
5,323,396
001m
slum
1--FD6
"
3101"}
1
000000001 xxxxxxxxxxxxxxx (Q)
1--k--{
|smx|
01xxxxxxxxxxxxxxx0000000
FIG 24
MSW-Z
s'
s'
qr + 1
truncated
0.75
011
110
0.71
<~
0.50
010
101
0.42
0.25
001
100
0.14
--
000
011
- 0.14
--
- 0.25
111
010
~- - 0.42
~-
~ 0.50
110
001
-~
--
101
0.71
(0)
0.75
(0)
(2)
(0)
110
010
0.50
0.857
101
001
0.25
0.571
100
000
0.00
0.287
011
111
- 0.25
010
110
- 0.50
- 0.287
001
101
- 0.75
- 0.571
000
100
- 1.00
- 0.857
(0)
(h)
(c)
FIB.Z5
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>
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5,323,396
of the ABS and the EBU) into the second digital signal.
Similarly, the receiver should be capable of deriving
a wide-band signal of the correct format from said sec
P-NX
is an integer, where BR is the bit rate of the second
the invention is not limited to such a coding system, as 40 integer, the number of information packets in a number
V of the frames is P, P being the next lower integer
will become apparent hereinafter.
'
However, other system information is also possible, as 25 the allocation information is stored in a memory in the
will become apparent hereinafter. Including the system
receiver. Information content of the allocation informa
information makes it possible for the receiver to be also
tion is much smaller than the information content of the
?exible and enables the received second digital signal to
samples in the third frame portion, so that a substan
be correctly reconverted into the wide-band digital
tially smaller store capacity is needed than in the case
signal. The second and the third frame portions of a 30 that all the samples would have to be stored in the re
frame contain signal information.
ceiver. Immediately upon- arrival of the serial data
The transmitter may comprise a coder comprising
stream of the samples in the third frame portion this
signal-splitting means responsive to the wide-band digi
data stream can be divided into the various samples
tal signal to generate a second digital signal in the form
having the number of bits speci?ed by the allocation
of a number of M subsignals, M being larger than 1, and 35 information, so that no previous storage of the signal
comprising means for quantising the respective sub
information is necessary. The allocation information for
signals. For this purpose an arbitrary transform coding,
all the subbands can be included in a frame. However,
such as the fast Fourier transform (FFT) may be used.
this is not necessary, as will become apparent hereinaf
In that case the transmission system is characterized in
ter.
that the second frame portion of a frame contains allo 40
The transmission system may be characterized fur
cation information which, for at least a number of sub
ther in that in addition the third frame portion includes
signals, indicates the number of bits representing the
information related to scale factors, a scale factor being
samples of the quantised subsignals derived from said
associated with at least one of the quantised subband
subsignals, and in that the third frame portion contains
signals contained in the third frame portion, and in that
the samples of at least said quantised subsignals (if pres 45 the scale factor information is included in the third
ent). At the receiving end it is then necessary to apply
frame portion before the quantised subband signals. The
an inverse transform coding, for example an inverse
samples can be coded in the transmitter without being
Fourier transform (IFFT), to recover the wide-band
normalised, i.e. without the amplitudes of a block of
digital signal.
In a system employing subband coding as described 50 tude of the sample having the largest amplitude in this
above, the transmitter signal-splitting means take the
block. In that case no scale factors have to be transmit
form of analysis-?lter means responsive to the wide
ted. If the samples are normalised during coding, scale
band digital signal to generate a number of M subband
factor information has to be transmitted to provide a
signals. The analysis-?lter means divide the signal band
measure of said largest amplitude. If in this case the
of the wide-band digital signal, using a sample-fre 55 scale factor information is also inserted in the third
in that the third frame portion contains the samples of at 65 the inverse of the amplitude of the largest sample in a
5,323,396
ples of the subband signals are included in the third 35 frame rate should be selected to be equal to BR/N. This
enables the present ICs employed in standard digital
frame portion. The same applies to the sequence of the
audio interface equipment to be used.
scale factors. If desired, the frames may also be divided
Embodiments of the invention will now be described
into four portions, the ?rst, the second and the third
in more detail, by way of example, with reference to the
frame portion being as described hereinbefore. The last
drawing.
(fourth) frame portion in the frame may then contain
error-detection and/or error-correction information.
BRIEF DESCRIPTION OF THE DRAWING
Upon reception of this information in the receiver it is
FIGS. l(a)1(c) show the second digital signal gener
possible to apply a correction for errors produced in the
ated by the transmitter and made up of frames, each
second digital signal during transmission already stated,
the wide-band digital signal may be a monophonic sig 45 frame being composed of information packets,
FIG. 2 gives the structure of a frame,
nal. Alternatively, the wide-band digital signal may be a
FIG. 3 shows the structure of the ?rst frame portion
stereo audio signal made up of a ?rst (left) and a second
of a frame,
(right) channel component. If the transmission system is
FIG. 4 gives an example of the transmission system,
based on a subband-coding system the transmitter will
FIG. 5 is a table specifying the number of information
supply subband signals each comprising a ?rst and a 50
packets B in a frame for speci?c values of the bit rate
second subband-signal component, which after quanti
information and scale-factor information (if the samples 55 additional information packet (dummy slot) for a num
ber of values of the bit rate BR,
have been scaled in the transmitter). The sequence is
also important here. It is obvious that the system can be
FIG. 7 represents the system information included in
extended to handle a wide-band digital signal compris
the ?rst frame portion of a frame,
ing more than two signal components.
FIG. 8 illustrates the distribution of the digital infor
The inventive steps may be applied to digital trans
mation about the various (two) channels for a number of
mission systems, for example systems for radiated trans
modes,
mission of digital audio signals (digital audio broadcast)
FIG. 9 illustrates the signi?cance of the allocation
over radio or TV channels. However, other uses are
information as inserted in the second frame portion,
also conceivable. An example of this is a transmission
FIGS. 10 and 11 illustrate the sequence in which the
via optical or magnetic media. Optical-media transmis 65 allocation information is stored in the second frame
sions may be, for example, transmissions via glass ?bres
portion for two formats, format A and format B respec
or by means of optical discs or tapes. Magnetic-media
tively.
transmissions are possible, for example, by means of a
FIG. 12 shows an example of a receiver,
5,323,396
values for N and ns and for four values of the bit rate BR
record carrier,
FIGS. 15(a)-15(a') show some further possibilities of
including the scale factors and samples in the third
frame portion of a frame,
additional signal,
'
digital representations.
EMBODIMENTS
prises N bits b0, b1, b2, . . . , b1v_1, see FIG. 10. The
'
following formula
55
having
band
numbers
5,323,396
10
15
packets.
received at the receiving side.
FIG. 9 illustrates the signi?cance of the four-bit allo
It is obvious that the signal received from the trans 55
cation words AW. An allocation word associated with
mission medium 4 by the receiver 5 should then be
a speci?c subband speci?es the number of bits by which
de-interleaved and subjected to a lO-to-B conversion.
the samples of the subband signal in the relevant sub
Frame Format
band are represented after quantisation in the unit 9. For
The composition and content of the frames will now
example: the allocation word AW which is 0100 indi
be explained in more detail. The ?rst frame portion FDI
cates that the samples are represented by 5-bit words.
in FIG. 2 is shown in greater detail in FIG. 3. FIG. 3
Moreover, it follows from FIG. 9 that the allocation
clearly shows that the ?rst frame portion now com
word 0000 indicates that no samples have been gener
prises exactly 32 bits and is therefore exactly equal to
ated in the relevant subband. This may happen, for
one information packet, namely the ?rst information 65 example, if the subband signal in an adjacent subband
packet 1P1 of the frame. The ?rst 16 bits of the informa
has such a large amplitude that this signal fully masks,
tion packet form the synchronising signal (or synchro
the subband signal in the relevant subband. Moreover,
5,323,396
11
12
Scale Factors
In the transmitter the samples may be multiplied by a
memory. The reason for the alternate use of A format 65 band no samples are present in the frame portion FD3,
it will not be necessary to include a scale factor for this
frames and B format frames is that for some subbands
13
5,323,396
1,32, SF 11,32.
for example:
14
accurately.
portion for all the subbands and all the channels. How
unit 19. 1f the sync word is not detected the time win
dow remains open for the duration of another informa
tion packet because the preceding frame may be a frame
ples for the quantised subband signals for all the sub
The Receiver
The receiver 5 comprises a decoder, which the signal
encoded in the coder 6 of the transmitter 1 and converts
to the output 8.
FIG. 12 shows a more detailed version of the receiver
5 in FIG. 4. The coded signal (the second digital signal) 60 phasis unit 23 which subjects the reconstructed digital
is applied to a unit 11 via the terminal 10. The essential
signal supplied by the ?lter 21 to deemphasis. For a
information in the incoming signal is contained in the
correct deemphasis the relevant information in the bits
scale factors and the samples. The remainder of the
information in the second digital signal is merely re
5,323,396
'
16
not necessary because the operation of the receiver will 45 version. Moreover, if the encoded signal has been re
be obvious to those skilled in the art. Under control of
corded in a plurality of parallel tracks the reproducing
the processing unit 18 the multiplier 17 multiplies the
unit shown in FIG. 14 should arrange the information
samples by the appropriate multiplication factors. The
read from these tracks in the correct sequence before
samples, which have now been restored to the correct
further processing is applied.
subband 111. FIG. 15b shows the samples for the two
channels in the subband m combined to blocks, whereas
normally they are distributed within the third frame
portion. The samples have a length of y bits. In the
above example x is 12 and y is now taken to be 8. FIG.
15c shows another format. The two scale factors for the
?rst and the second channel in the subband are still
17
5,323,396
18
and SF II,m.
FIG. 15a gives still another possibility. In this case
there is only one scale factor SFm for both signal com 35 information associated with the frame to be generated,
in which said information stored in the units 32, 33 and
ponents in the subband m. This is a situation which may
34 should be inserted.
occur in particular for low-frequency subbands. Yet
In the shown position of the switching means 40 the
another possibility, which is not shown, is that the x
synchronising and system information for a frame is
samples for the channels I and II of the subband m, as in
supplied by the generator 31 and fed to the output 7.
FIG. 15b, do not have associated scale factors SF I,m
Subsequently, the switch 40 is set to the second position
and SF II,m. Consequently, these scale factors are not
from the top under the influence of the control signal
inserted in the same third frame portion. In this case the
supplied by the CPU 30, via the line 53 so that the
scale factors SF I,m and SF II,m included in the third
output of the generator 32 is coupled to the output 7.
frame portion of a preceding frame must be used for
scaling up the samples in the receiver.
45 Now the allocation information is applied to the output
7 by the generator 32. The sequence of the allocation
All the possibilities described with reference to FIG.
information is as described with reference to FIG. 10 or
15 can be employed in the transmitter in order to
11. After this the switch 40 is set to the third position
achieve a most efficient data transfer via the transmis
from the top. This means that the output of the genera
sion medium. Thus, frames as described with reference
tor 33 is coupled to the output 7. The generator 33 now
to FIG. 15 may occur alternately in the data stream. It
supplies the scale factors in the correct sequence to the
will be appreciated that, if the receiver should yet be
output 7. The switch 40 is now set to the next position,
capable of correctly decoding these different frames,
so that the output of the generator 34 is coupled to the
information about the structure of these frames should
output 7. Now the generator 34 supplies the samples in
be included in the system information.
The Transmitter
FIG. 16 shows the transmitter in more detail. The
Figure shows how the various items of information can
be combined to form the serial data stream as given in
FIGS. 1, 2 and 3. FIG. 16 in fact shows a more detailed
version of the encoder 6 in the transmitter 1. The en
coder comprises a central processing unit 30, which
EXHIBIT D
U.S. PATENT NO. 5,539,829
lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
USOO5539829A
[11]
Patent Number:
Lokho? et al.
[45]
Date of Patent:
[58]
NY.
[57]
ABSTRACT
1, 1990, abandoned.
[51]
[52]
References Cited
5,341,457
Germany
[30]
[62]
[56]
5,539,829
[NL]
[NL]
395/214; 395/238
oumnzrn
CODER 4
3881 9
FILTER Q } (// /
588 i
2
TRANSMITTER
l l
SSBM
RECEIVER
US. Patent
BR
Fs
bitrate
sample freq.
(kbits/s)
128
192
Sheet 2 0f 11
(kHz)
5,539,829
B
# slots in a frame
32
4B
44 . l
34 + padding
48
32
32'
44.1
48
72
52 + padding
48
32
256
44 .J.
48
384
44.1
96
69 + padding
64
32
144
> 104 + padding
48
96
FIGS
bitrate
(kbits/s)
total # frames in
padding sequence
# frames with
a dummy slot
128
14'?
192
49
256
1.4?
9'?
384
49
24
F155
122
'
12
US. Patent
Bit 24 :
Sheet 3 of 11
Frame type
0
1
format A
format B
0 0
0 1
1 0
1 1
Bits
27 - 31
Stereo
Stereo
0
0
0
0
0
0
0
0
0
0
1
1
1
l
1
1
0
0
0
O
1
1
0
O
0
1
0
1
0
1
Stereo
Stereo
0
0
0
0
0
1
1
l
1
1
1
l
1
O
0
0
O
1
1
l
1
G
0
0
1
0
D
l
l
0
0
l
l
0
1
0
l
O
1
0
O 0 0 1 0
0 0 0 l 1
1 0
3. 0 0 1
1
l
1
1
1
l
1
0
0
0
0
1
1
1
l
l
1
l
0
O
0
0
0
1
l
0
O
1
0
l
0
l
0
l
0
1 l 0 1. 1
l
1
l
l
1
1
1
1
l
1
1
l
copyright, software
Mode indication
O 0 0 O 0
0 o 0 0 1
0 1 0
5,539,829
0
0
1
l
0
1
0
1
Stereo
Stereo
Emphasis
44 . 1 kHz
44 . 1 kHz
no emphasis
50/15 uses
no emphasis
50/15 1158C
48
48
kHz
kHz
32
kHz
32
kHz
reserved
reserved
2 Chan. 48
1452
2 Chan. 48
kHz
2 Chan.
44 . 1 kHz
44 . 1 kHz
1 Chan. 32
kHz
1 Chan. 32
kHz
reserved
1 Chan. 48
kHz
Stereo 48
kHz
2 Chan. 48
KHZ
Stereo 44 .1 kHz
2 Chan.
Stereo
2 Chan.
1 Chan.
1 Chan.
mode
stereo
Sample Freq.
2 channel mono
1 channel mono
44 . 1 kHz
32
32
32
44 .1
channel I
left
program I
program I
FIB.8
kHz
kHz
kHz
kHz
no emphasis
50/15 11sec
no emphasis
50/15 use:
no emphasis
50/15 uses
no emphasis
50/15 14sec
no emphasis
50/15 ,useo
no emphasis
50/15 psec
no emphasis
50/15 uses
CCI'IT
CCI'I'T
CCITT
CCITT
CCIT'I
CCITT
CCITT
CCIT'I
CCIT'I
channel II
right
program II
not used
J. 17
J. 1?
17.17
J.l7
(1.17
J.17
J.l7
J. 17
J. 17
US. Patent
allocation
length of samples
0000
0001
0010
0011
01.00
0101
2
3
4
5
6
info
Sheet 4 0f 11
5,539,829
in bits
0110
0111
1000
'7
8
9
1001
10
1.010
11
1.011
1100
1101.
1.110
12
13
14
15
1111
FIGS
slot
1-1
11-1
1-2
II-2
I-3
II-3
I-4
II-4
I-5
II~5
slot 4:
1-9
II-9
1-6
11-6
1-?
11-7
1-8
11-8
I-lO
III-l0
1-11
11-11
1-12
11-12
32-14
11-14
1-15
Ill-15
1-16
11-16
slot
slot
I-13
:
11-13
slot
I~l7 11-17
slot 7:
1-18
11-18
I-l9
II-ILQ
1-20
III-2O
1-21 III-21
slot 8:
I~25 II-25
slot 9:
1-29 III-29
1-22
III-22
1-23
III-23
I-24
II-24
1-26
II-26
I-27
11-27
1-28
11-28
I30
11-30
1-31
III-31
I-32
III-32
FIG.1U
slot. 2:
I-l
II-l
slot
I~2
III-2
I-3
II-3
I-4
II~4
1-5
11-5
1-6
III-6
I-7
III-*7
I-B
II-B
1-9
III-9
1-10
11-10
11-11
II-ll
11-12
11-12
1-13
II-l3
I-14
III-l4
I-lS
II-lS
1*16
II-lS
slot
slot
FIGH
US. Patent
I
SY C.
Bits 16 to 19
BR
Sheet 7 0f 11
1
Big
bitrate index
BR
(kbits/
sec. }
48 kHz
a? slats
l
2
3
4
5
6
7
8
9
10
ll
12
13
14
8
l6
24
32
4O
48
56
64
72
80
88
96
1.04
1.12
Bits 20 and 21
p5
44.1 kHz
# slots
8
1.7
26
34
43
52
6O
69
'78
87
95
104
113
121
32 kHz
# slots
+ padding
12
24
36
48
60
72
84
96
108
120
1.32
144
156
168
Sample Frequency
0
0
1
1
Bit 22
32
64
96
128
160
192
224
256
288
320
352
384
416
448
5,539,829
O
l
0
1
44. 1 kHz
48
kHz
32
kHz
reserved
: padding bit
Future Use
FIGJB
US. Patent
D11. nun:
Sheet 8 of 11
swncn c
5,539,829
{H 114111 b3}
H619
Bits 24 and 25 : Mode indication
0 0
stereo
0 l
1 O
intensity stereo
bilingual
1 l
mono
10
l
0
l
subbands
subbands
subbands
subbands
5
9
1 '3
17
37'33
32
33
in
in
in
in
intensity
intensity
intensity
intensity
stereo
stereo
stereo
stereo
mode
mode
mode
mode
Bit 28 : Copyright
0 0
0 1
no emphasis
50/15 11sec emphasis
1 0
1. l
reserved
CCITT J.l7
Mono mode
no copyright
copyright protected
Copy
Original
'
M = mono signal
slot 2:
11-1
11-2
14-3
11-4
11-5
16-6
14-7
14-
11-10
11-11
11-12
11-13
11-14
11-15
W1)
14-17
11-18
11-19
11-20
11-21
14-22
11-23
MW?
slot 5:
11-25
11-26
11-27
M-28
11-29
11-30
11-31
1-32
slot
3:
14-9
slot 4:
H521
US. Patent
Sheet 10 of 11
.wm
mm
?mm
"A?"
2%?5wQ:2@95:n.H2:g?a;252%
5,539,829
.2:
a
l+m
m
.9
we
melvn
w
r
we
"
2%
xNJUaEQJ
US. Patent
0'
Sheet 11 0f 11
5'
5,539,829
1501100150
0 +1
0 0.?5
011
-- 0.11
0.42
0.50
- 0.25
010
001
101
100
000
011
~ 0.14
-- 0
0.14
-~ 0.42
- -0.25
-0.50
111
110
010
m1
-- 0.11
4 -0.?5
101
0m
{0)
(d1
--1
l- -1
(a)
100
(b)
\.._
__/
FIG. 25
.
110
010
101
3'
0 +1
-~ 0.50
0.051
001
-- 0.25
0.511 b 0'71
100
000
--
011
111
T 0.25
010
110
-~
0.50
001
101
--
-[]_?5
000
100
~- -1.00
0.05? "'0'"
(a)
(b)
\_
0.00
(0)
510.25
0.00 "0'14
(d)
J
5,539,829
2
masking threshold.
20
25
sub-signals.
35
40
45
decoding system.
mately 2.5 bits per signal sample. The quality of the replica
or audio transmission.
65
5,539,829
invention,
20
25
30
35
45
m4=28.
mode,
50
55
digital representations.
additional signal,
FIGS. 24 is a binary number diagram relating the sample
arrangement,
portion of a frame,
FIG. 18 is a table showing system infonnation included in
the structure of FIG. 17,
carrier,
65
and the frame j+l , being given in FIG. 1a. The frames, such
as the frame j, comprise a plurality of information packets
IPl, IP2, 1P3, . . . , see FIG. 1b. Each information packet,
5,539,829
6
The Transmission System
FIG. 4 shows diagrammatically the transmission system
such as [P3, comprises N bits b0, b1, b2, . ..,bN_1, see FIG.
1c.
Number of Packets
The number of information packets in a frame depends
upon
(a) the bit rate BR with which the second digital signal is
transmitted through the transmission medium,
(b) the number of bits N in an information packet, N being
larger than l,
(c) the sample frequency FS of the wide-band digital
signal, and
digital signal.
signal.
computation does not result in an integer some frames will 25 signals, shown as the block 9 in FIG. 4.
comprise P information packets and the other frames will
Such a subband coder is known and is described, for
of the bit rate BR and three values for the sample frequency
35
FIG. 2.
40 having a length of 16 bits. If a value M:32 is assumed, the
FIG. 2 shows one frame. The frame comprises P infor
wide-band digital signal is split into 32 subband signals in
bers in the second and the third column from each other this
45
50
static bit allocation all the samples per subband per frame are
55
For a further explanation it is necessary to ?rst describe the 65 illustrated in FIGS. 1 and 2. This second digital signal, as
5,539,829
7
25
30
35
50
55
60
information packets.
frame portion of said frame. The serial data stream may also
comprise, more or less alternately, both frames in confor
mity with the A format and frames in conformity with the B
format. However, the frames in conformity with both for
mats may contain samples for all channels and all subbands
in the third frame portion. A frame in conformity with the B
format then lacks in fact the allocation information required
to derive the samples for the channels I or II of the subbands
17 to 32 from the third frame portion of a B format frame.
The receiver comprises a memory in which the allocation
information included in the second frame portion of an A
format frame can be stored. If the next frame is a B format
65
5,539,829
10
1O
25
quantized.
Scale Factors
30
35
40
45
50
samples for the quantised subband signals for all the sub
samples in total.
'
55
London 1988.
The Receiver
As shown in FIG. 4, the receiver 5 comprises a decoder,
which decodes the signal encoded in the coder 6 of the
transmitter 1 and converts it into a replica of the wide-band
5,539,829
11
12
then stored in the memory 12, which has 64 locations for the
storage of the 64 scale factors. If a B-format frame is being
to the memory 12 that only the scale factors for the subbands
1 to 16 are overwritten by the scale factors in the B-format
frame. Subsequently, as a result of another control signal
applied over the line 13, the switch 11 is changed to the
upper position shown in the drawing, so that the samples are
10
correct bit length from the serial data stream applied over the
line 16.
The samples are then multiplied so as to restore them to
information indicating whether the frame is an A-format or 35 the processing unit 18.
Not all the control signals are shown. This is not necessary
a B-format frame. Thus, under the in?uence of the relevant
50
60
unit 18 over the line 13, the switch 11 is in the lower position
at the instant at which the third frame portion FD3 of a frame 65 simultaneously recording the split information in a plurality
of juxtaposed tracks which extend on the record carrier in
arrives. Address signals are supplied to the memory 12 by
the longitudinal direction of the record carrier. For this the
the processing unit 18 over the line 14. The scale factors are
13
5,539,829
audio by I. Watkinson.
Again it is to be noted that the signal supplied by the unit
15
35
applied.
inserting the scale factors and the samples in the third frame
45
I,m and SF ILm and the associated x samples for these two
channels in the subband In FIG. 15b shows the samples for
the two channels in the subband m combined to blocks,
14
50
Stereo coding
FIG. 15c shows another format. The two scale factors for
the ?rst and the second channel in the subband are still
present in the third frame portion. However, instead of the x 55 synchronising information and the system information
samples for both channels (the left and right channels for a
described with reference to FIG.3, a generator 32 for sup
15
5,539,829
16
40
55
60
Indicator Signals
EXHIBIT E
AUDIO MPEG V DELL - COMPLAINT
(Civil Action No. 1:15 cv 1674)
FILED
UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
(Alexandria Division)
DEC 2 1 2015
CLERK. US DISTRICT COURT
NORFOLK. VA
Civil Action No
Plaintiffs,
V.
DELL, INC.,
Defendant.
1.
Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS (formerly
Teledifflision de France), and Institut fur Rundfunktechnik GmbH (collectively, the "Plaintiffs"),
by their counsel and pursuant to Federal Rule ofCivil Procedure 8(a), allege the following in
support oftheir Complaint against Dell, Inc. ("Defendant" or"Dell") for patent infringement:
SUMMARY OF CLAIMS
2.
ofpatented technologies developed by U.S. Philips Corporation, TDF SAS, and Institut fur
Rundfunktechnik GmbH (collectively, the "Patent Owners") that enable consumers to enjoy high
quality music and other audio on electronic devices. Because Defendant's products include the
Patent Owners' inventions, those products can appeal to consumers who seek devices that
incorporate the frinctionality that the patented technologies provide. Defendants' competitors
have recognized the significant value in the Patent Owners' inventions and have licensed and
employed those inventions in millions of consumer devices. Defendant, too, has recognized the
value of the Patent Owners' inventions, and by employingthose inventions in its products.
Defendant has made its devices competitive with products similar to those manufactured by
licensees in good standing.
3.
Yetunlike virtually all of its competitors. Defendant refuses to "play fair," and
has rejected numerous opportunities to license the patented inventions atissue inthis case.
Faced with Defendant's infringement and refusals to license the patents as the vast majority ofits
competitors have, Plaintiffs have been forced to bring this action seeking damages for past use of
the technologies. Inaddition, and because Defendant's infringing conduct constitutes, among
other things, intentional infnngement and disregard ofpatent rights. Plaintiffs seek enhanced
damages and an award of their fees and costs.
4.
This action asserts infnngement of the same three patents as inAudio MPEG, Inc.
V. Hewlett-Packard Co., 2:15-cv-00073 (E.D. Va.) (the "HP Action"). On September 15, 2015,
the Honorable Henry Coke Morgan, Jr., the judge presiding inthe HP Action, stayed that case
pending adetermination by the Patent and Trademark Appeal Board ofwhether to institute inter
partes review based on apetition filed by HP. Concerned about the running ofthe damages
period, Plaintiffs contacted Defendant on November 24, 2015 and sought agreement to toll the
statute and avoid filing this complaint. Although Plaintiffs agreed to edits requested by
Defendant to the tolling agreement Plaintiffs had proposed. Defendant refused to enter into any
such agreement unlike several similarly situated infnngers. Consequently, Plaintiffs filed this
complaint to preserve their claims for damages.
NATURE OF THE ACTION
5.
This is a civil action for infringement of a patent arising under the laws of the
6.
This civil action arises under the patent laws of the United States, Title 35 U.S.C.
\,et seq. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
1331 and 1338(a).
PARTIES
7.
the laws ofVirginia having itsheadquarters and its sole U.S. place of business at 66 Canal
Center Plaza, Suite 750, Alexandria, Virginia 22314.
8.
laws of Delaware with its principal place of business at 3000 Minuteman Road, M/S 1203,
Andover, MA 01810.
9.
under the laws ofGermany having an address atFloriansmuehlstrasse 60, D-80939 Munich,
Germany.
11.
under the laws ofDelaware, with its principal place ofbusiness located at One Dell Way, Round
Rock, Texas.
PERSONAL JURISDICTION AND VENUE
12.
Defendant has made, used, sold, offered for sale, and/or imported into theUnited
States products that comply with the ISO/IEC 11172-3 and/or 13818-3 standards (the "MPEG
Standards"). Such products include capabilities and functionalities required bythe MPEG
Standards in order to be compliant with the Standards.
13.
judicial district and division by offering products and services to customers, business affiliates
and/or partners located in thisjudicial district and division. In addition. Defendant has
committed acts of infringement of one or more claims of the patents-in-suit in thisjudicial
district and division by the sale of infringing devices.
14.
incorporate capabilities and functionalities required bythe MPEG Standards into the stream of
United States commerce, conscious that Virginia, including thisjudicial district, was the likely
destination of a substantial quantity of such devices.
15.
Upon information and belief, a substantial part ofthe events giving rise to these
claims for patent infringement occurred in Virginia and in this judicial district.
16.
district because it purposeftilly engaged inactivities that gave rise to these claims for patent
infringement and which were directed atresidents ofVirginia and this judicial district.
17.
18.
Venue for this civil action in this judicial district is proper under 28 U.S.C.
1391(b), 1391(c), and 1400(b) because Defendant is subject to personal jurisdiction in this
judicial district and the infringing activity has occurred inthis judicial district.
BACKGROUND
19.
The Patent Owners are industry leaders in the development of high-tech audio
networks, andmultimedia applications. To develop the technology claimed in the patents, the
Patent Owners formed a research team that merged the strengths of their research laboratories.
20.
industry standard for audio compression. The International Organization for Standardization
("ISO") created the MPEG/Audio Working Group ("MPEG/Audio Group") in 1988 to create a
standardized audio coder to be used in conjunction with a planned standardized video coder. The
ISO invited interested parties to contribute their expertise to the standardization effort. The
Patent Owners participated inthis process and the ISO selected their technology as the basis for
the audio compression standard.
21.
The work of the MPEG/Audio Group was embodied in two standards (known as
ISO 11172-3 and ISO 13818-3) directed to MPEG Audio Layers 1,2, and 3 technology. These
standards were finalized in 1991.
22.
The MPEG Standards include the well-known "MP3" technology, which allows
audio signals to be compressed and stored using much less storage space than previous
technologies. The process ofcompressing and storing the audio signal is known as "encoding."
Later the compressed data can be converted into an audio signal and played back, through a
process known as "decoding." To be capable ofdecoding MP3 files, adevice must comply with
the essential elements of the MPEG Standards.
23.
Before MP3 technology was conceived, recorded music and other audio files were
typically stored on a CD, DVD, orhard drive. The technology developed by the Patent Owners
allows audio files to be compressed and stored using much less spaceas a result of the
Asserted Patents (defined below) a user can store thousands of songs in a small portable device
rather than needing hundreds ofCDs orDVDs. The MP3 player, and the patented technology it
incorporates, revolutionized the transmission and storage of digital audio files, and allows
consumers to listen to the music of their choice on-demand in a way that was not possible with
CDs and DVDs
TAeAssertedPatents
24.
The Patent Owners own patents that claim inventions relating to the MPEG
Standards, including U.S. Patent Nos. 5,777,992 (the'"992 Patent"), 5,323,396 (the"'396
technology ofthe Asserted Patents in order to be in compliance with the Standards and achieve
thebenefits of the Standards. Products compliant with the MPEG Standards therefore practice
the technology claimedby the Asserted Patents.
A.
26.
The '396 Patent, entitled "Digital Transmission System, Transmitter and Receiver
for Use inthe Transmission System," was issued on June 21,1994 and is attached as Exhibit A.
The '396 Patent generally relates to encoding and decoding digital audio signals. Itexpired on
June 21,2011.
27.
The '396 Patent describes decoders and receivers that decode compressed signals,
which represent a wideband digital audio signal. One method for reducing the number ofdigital
"bits" required to store and/or transmit such a signal (thereby saving transmission bandwidth,
memory space and battery life) involves breaking down the wideband signal into frequency subband samples, and then quantizing and coding each sub-band using a smaller number ofbits.
The sub-bands can then be transmittedto a receiver in a defined digital format and decoded to
produce a high-quality repHca of the original signal while saving transmission bandwidth,
memory space and battery life.
28.
The '396 Patent further describes decoders and receivers in which information is
transmitted to, and decoded by, the decoder/receiver in "frames" at a particular rate. Each frame
comprises a specified number of information packets that contain the quantized sub-band
information, as well as otherinformation needed to decode andrecombine the sub-bands
properly. According to the patent specification, the decoder can best reproduce the original
wideband signal when the number ofinformation packets inone frame ("P") complies with the
formula P =
x
where BR is the bit rate of the encoded digital signal, N is the number of
N
Fs
frequency. IfP is an integer, the number ofinformation packets inone frame isP. IfP is not an
integer, the number ofinformation packets insome number ofthe frames is P' where P' isthe
highest integer less than P, and the number ofinformation packets in the other frames is P'+l.
The fraction of the frames with P' information packets is selected so that the average rate at
which frames are transmitted to the decoder/receiver is equal to ris This formula is found in each
of the claims of the *396 Patent.
29.
Claim 26 of the '396 Patent claims a formula for calculating the numberof
information packets in one frame, and itclaims the ability to decode content that is structured
according to the formula. Aversion ofthat formula is present in Section 2.4.3.1 ofISO/IEC
11172-3, and is essential to that standard, such that any encoded audio file that complies with the
MPEG Standards must utilize an arrangement of packets per frame that complies with the
formula. Accordingly, products capable ofdecoding an audio signal that has been encoded in
compliance with the MPEG Standards {e.g., an MP3 file) necessarily infiinge the '396 Patent.
B.
30.
The '992 Patent, entitled "Decoder for Decoding and Encoded Digital Signal and
a Receiver Comprising the Decoder," was issued on July7,1998, and is attached as Exhibit B.
The '992 Patent generally relates to decoding digital audio signals. It expired on June 21,2011.
31.
The '992 Patent describes decoders and receivers that decode compressed signals,
which represent a wideband digital audio signal in which information is transmitted to, and
decoded by, the decoder/receiver in "frames" attheparticular rate specified in the patent claims.
32.
Claim 1 of the '992 Patent claims a decoder or receiver that includes a specified
number of information packets in one frame. Thesame claim elements are present in at least
Section 2.4.3.1 of ISO/IEC 11172-3, and that Section is essential to that standard. Accordingly,
products capable ofdecoding an audio signal that has been encoded in compliance with the
MPEG Standards (e.g., an MP3 file) necessarily infnnge the '992 Patent.
33.
Claim 2 of the '992 Patent claims a decoder with a "first frame portion [that]
comprises further information relating to the number ofinformation packets in the fi-ame." The
decoder also "comprises retrieval means to retrieve said further information from the first frame
portion in said frame upon reception ofthe encoded digital signal." The elements ofthis claim
are also essential to the MPEG Standards, including without limitation ISO/IEC 11172-3
2.4.2.3 and ISO/IEC 11172-3 0.4.
34.
Claim 7 of the '992 Patent claims a decoder with a "first frame portion [that]
further includes system information, and the decoder comprises retrieval means for retrieving
said system information from the first frame portion in said frame upon reception ofthe encoded
digital signal." The elements ofthis claim are also essential to the MPEG Standards, including
without limitation ISO/IEC 11172-3 0.4 and 2.4.2.3. Accordingly, products capable of
decoding an audio signal that has been encoded in compliance with MPEG Standards {e.g., an
MP3 file) necessarily infiinge the '992 Patent.
35.
Claim 10 of the '992 Patent claims a decoder with "system information [that]
identifies a firame as having one information packet more than other packets." The elements of
this claim are also essential to the MPEG Standards, including without limitation ISO/IEC
11172-3 2.4.2.3. Accordingly, products capable of decoding an audio signal that has been
encoded in compliance with MPEG Standards {e.g., an MP3 file) necessarily infiinge the '992
Patent.
C.
36.
The '829 Patent, entitled "Subband Coded Digital Transmission System Using
Some Composite Signals," was issued on July 23,1996, and is attached as Exhibit C. The '829
Patent generally relates to encoding and decoding digital audio signals. It expired on July 23,
2013.
37.
The '829 Patent claims transmitters and receivers that encode and decode,
respectively, compressed signals which represent a wideband digital audio signal, where that
audio signal includes, for example, signals for the left and right channel of a stereo audio input.
One method for reducing the number of digital "bits" required to transmit such a signal (thereby
saving transmission bandwidth, memory space and battery life) involves breaking down the
wideband signal into fi-equency sub-bands, and then quantizing and coding each sub-band using
a smaller number of bits. The sub-bands can then be transmitted to a receiver in a defined digital
claimed in the '829 Patent does this by combining certain related sub-bands (such as those that
correspond to the left and right channel in the same frequency sub-band) and using the bits thus
saved to more accurately quantizethe other sub-bands. As its specification explains, "[b]y
selectively combining subsignals which have a correspondence or relationship to each other, and
quantizing onlyonecomposite sub-signal," the invention "make[s] more bits available for
quantizing of those sub-signals which are transmitted," which reduces distortion and "maymore
than compensate for the slight loss of information." The patent discloses methods and apparatus
for analyzing, selecting, and encoding the sub-bands; selecting the sub-bands to be combined;
generating signals that leta receiver know which sub-bands have been combined; appropriately
re-quantizing the remaining sub-bands for transmission; and creating the replica from the
transmitted sub-bands.
39.
Claim 19 of the ' 829 Patent claims "[a] receiver for producing a replica of a
digital signal including a first component and a second component from digital signal
components comprising at least one composite sub-signal, an indicator signal indicating that at
least a first and a second sub-signal are combined, and a plurality of subsignals notincluding
said first and second sub-signal, said digital signal components being representative ofsaid
digital signal." The elements ofthis claim are essential to the MPEG Standards, which require
the ability to decode audio signals encoded in "intensity stereo" mode. (ISO/IEC 11172-3
2.1.76.) Accordingly, products capable of decoding an audio signal that has been encoded in
compliance with MPEG Standards (e.g., MP3 files) necessarily infiinge the *829 Patent.
40.
Claim 20 of the '829 Patent claims "[a] receiver as claimed in claim 19,
characterized in that said first and second components are respective stereo audio signals." This
10
additional element is essential to the MPEG Standards, including without limitation at least
ISO/IEC 11172-3 2.1.138.
Auifio MPEG'sLfcensingProgram
41.
Audio MPEG has the exclusive rights to license and to sue for and collect fees,
costs, and damages, including pastdamages for past infringement of U.S. patents owned by
Philips, TDF, and IRT covering essential elements of the ISO/IEC 11172-3 and 13818-3 MPEG
Standards directed to MPEG Audio Layers I, II, and III technology, including the Asserted
Patents.
42.
convenience to licensees that gaveeach licensee the ability to obtain a license to all of the Patent
Owners' MPEG Audio patents, including theAsserted Patents (prior to their expiration). Each
licensee had the opportunity to choose in itsdiscretion whether to exclude any of the offered
patents from its license.
43.
products have taken the license offered bythe Licensing Companies, including major players in
the industry such as Sony, Apple, Lenovo, Samsung, Cisco-Linksys, LG, Panasonic, Sharp, and
Bose.
De//*sfn/ringeMent oftheAsserteiiParents
44.
software that complies with the MPEG Standards (the "MPEG Audio Products"). Such products
manufactured and/or soldby Defendant include, but arenot limited to. Dell computers and
electronic devices containing Cyberlink PowerDVD (such as Latitude D530, Latitude D630,
Latitude D830, and Dell Precision M6300) or Roxio Creator (such as Latitude D630). Without
discovery from Defendant, Plaintiffs are not able to ascertain at thepleading stage allof
11
Defendant's MPEG Audio Products. All products, however, that are capable of decoding an
audio signal that has been encoded in compliance with the MPEG Standards necessarily infringe
the Asserted Patents.
45.
Becausethe MPEG Audio Products comply with the MPEG Audio Standards,
they infnngeat least the claims referred to above of the Asserted Patents.
46.
Audio MPEG notified Defendant that its products infringed the Patent Owners'
patents no later than July 1, 2004. Despite this notification and repeated and patient efforts to
have Defendantlicense the Asserted Patents, Defendanthas refused. Defendant has never taken
a license to any of the Asserted Patents.
FIRST COUNT
47.
OnJune 21,1994, United States Patent No. 5,323,396 for a "Digital Transmission
System, Transmitter and Receiver for use in the Transmission System" was duly and legally
issuedto Gerardus C. P. Lokhoff A true and correct copy of the '396 patent is attached hereto
as Exhibit A.
48.
49.
PlaintiffAudio MPEG has the exclusive right to licensethe '396 patent and to sue
for and collect fees, costs, and damages, including past damages for past infnngement of the
'396 patent.
50.
The '396 patent generally relates to encoding and decoding digital audio signals
51.
Defendant has directly infnnged one or moreof the claims of the '396 patent
(including the claims referred to above) by manufacturing, using, selling, importing, and/or
offering for sale products that include capabilities required by the MPEG Standards, including
12
but not limited to Dell computers and electronic devices containing Cyberlink PowerDVD (such
as Latitude D530, Latitude D630, Latitude D830, and Dell Precision M6300) or Roxio Creator
(such as Latitude D630).
52.
resellers, customers, and/or end users, in violation of 35 U.S.C. 271(b). No later than July 1,
2004, Audio MPEG notified Defendant that all Defendant's products incorporating the MPEG
Audio encoding and decoding capabilities required byatleast one ofthe MPEG Standards are
covered bythe '396 patent. Despite having knowledge of such infringement. Defendant
continued to instruct and/or encourage OEMs, manufacturers, importers, resellers, customers,
and/or end user customers to manufacture, offer for sale, sell, import, and/oruse Defendant's
products incorporating capabilities required by at least one ofthe MPEG Standards, which
include but are notlimited to Dell computers and electronic devices containing Cyberlink
PowerDVD (such as Latitude D530, Latitude D630, Latitude D830, and Dell Precision M6300)
orRoxio Creator (such as Latitude D630). On information and belief. Defendant has
intentionally taken these actions knowing that its acts caused infringement ofthe patent and
specifically intending infiingement ofthe '396 patent. These acts include, but are not limited to.
Defendant's offers to sell and sales of Defendant's infringingproducts in the United States, as
well as Dell's promotions on its websites and marketing materials for Defendant's infringing
products andtheirMPEG Audio, MP2, or MP3 capabilities.
53.
13
United States components providing the capabilities required by the MPEG Standards, including
but not limited to software such as Cyberlink PowerDVD and Roxio Creator, for use with
computers and electronic devices, including butnotlimited to Dell computers and electronic
devices. Thecomponents providing the capabilities required by the MPEG Standards are not
common components suitable for substantial non-infiinging use. Upon information and belief.
Defendant supplied the components with knowledge of the patent and knowledge that the
components were specially made or adapted for use inan infringing manner and that others
directly infiinged the patent in the United States.
54.
Defendant had actual knowledge of the '396 patent and has willfully and
sale products that include capabilities required bythe MPEG Standards. Defendant did so despite
an objectively high likelihood that itwas infiinging the '396 patent. Furthermore, the risk of
infringement was obvious such that, even if Defendant did not know ofthe risk ofinfringement,
it should have known of the risk. Under all relevant circumstances. Defendant has willfully
55.
14
SECOND COUNT
56.
OnJuly 7,1998, United States Patent No. 5,777,992 for a "Decoder for Decoding
an Encoded Digital Signal and a Receiver Comprising the Decoder" was duly and legally issued
to Gerardus C. P. Lokhoff A true and correct copy of the '992 patent is attached hereto as
Exhibit B.
57.
58.
PlaintiffAudio MPEG has the exclusive right to license the '992 patent and to sue
for and collect fees, costs, and damages, including past damages for past infringement of the
'992 patent.
59.
The '992 patent generally relates to decoding digital audio signals as explained in
60.
Defendant has directly infringed one or more of the claims of the '992 patent
(including the claims referred to above) by manufacturing, using, selling, importing, and/or
offering for sale products that include capabilities required by the MPEG standards, including
but not limited to Dell computers and electronic devices containing Cyberlink PowerDVD (such
as Latitude D530, Latitude D630, Latitude D830, and Dell Precision M6300) or Roxio Creator
(such as Latitude D630).
61.
others, such as OEMs, manufacturers, importers, resellers, customers, and/or end users, in
violation of 35 U.S.C. 271(b). No later than July 1, 2004, Audio MPEG notified Defendant
that all products incorporating the MPEG Audio encoding and decoding capabilities required by
at least one of the MPEG standards are covered by the '992 patent. Despite having knowledge of
manufacturers, importers, rescuers, customers, and/or end user customers to manufacture, offer
for sale, sell, import, and/or use Defendant's products incorporating capabilities required by at
least one of the MPEG standards, which include but are not limited to Dell computers and
electronic devices containing Cyberlink PowerDVD (such as Latitude D530, Latitude D630,
Latitude D830, and Dell Precision M6300) or Roxio Creator (such as Latitude D630). On
information andbelief. Defendant has intentionally taken theseactions knowing that its acts
caused infringement of the patent and specifically intending infringement of the '992patent.
These acts include, but are not limited to. Defendant's offers to sell and sales of Defendant's
infringing products in the United States, as well as Defendant's promotions on its websites and
marketing materials for Defendant's infringing products and their MPEG Audio, MP2, or MP3
capabilities.
62.
United States components providing the capabilities required bythe MPEG standards, including
but not limited to software suchas Cyberlink PowerDVD and Roxio Creator, for use with
computers and electronic devices, including but not limited to Dell computers and electronic
devices. The components providing the capabilities required by the MPEG standards are not
common components suitable for substantial non-infringing use. Upon information and belief.
Defendant supplied the components with knowledge of the patent and knowledge that the
16
components were specially made or adapted for use in an infringing manner andthatothers
directly infringed the patent in the United States.
63.
Defendant had actual knowledge of the '992 patent and has willfrilly committed
Defendant continued to manufacture, use, sell, import, and/or offer for sale products that include
capabilities required by the MPEG standards. Defendant did so despite an objectively high
likelihood thatit was infringing the '992 patent. Furthermore, the risk of infringement was
obvious such that, even if Defendant didnot know of the risk of infringement, it should have
known of the risk. Under all relevant circumstances. Defendanthas willfrilly ignored and
64.
65.
On July 23,1996, United States Patent No. 5,539,829 for a "Subband Coded
Digital Transmission System Using Some Composite Signals" was duly and legally issued to
Gerardus C. P. Lokhoff, Yves-Francois Dehery, Gerhard J. Stoll, and Giinther Theile. Atrue and
correct copy of the '829 patent is attached hereto as Exhibit C.
66.
67.
PlaintiffAudio MPEG has the exclusive right to licensethe '829 patent and to sue
for and collect fees, costs, and damages, including past damages forpastinfringement of the
'829 patent.
17
68.
The '829 patent generally relates to encoding and decoding digital audio signals
69.
Defendanthas directly infringed one or more of the claims of the '829 patent
(including those claims referred to above) bymanufacturing, using, selling, importing, and/or
offering for sale products that include capabilities required bythe MPEG standards, including
butnot limited to Dell computers and electronic devices containing Cyberlink PowerDVD (such
as Latitude D530, Latitude D630, Latitude D830, and Dell Precision M6300) or Roxio Creator
(such as Latitude D630).
70.
others, such as OEMs, manufacturers, importers, resellers, customers, and/or end users, in
violation of 35 U.S.C. 271(b). No later than July 1, 2004, Audio MPEG notified Defendant
that all Defendant's products incorporating the MPEG Audio encoding and decoding capabilities
required by at least one ofthe MPEG standards are covered by the '829 patent. Despite having
knowledge ofsuch infnngement, Defendant continued to instruct and/or encourage OEMs, other
manufacturers, importers, resellers, customers, and/or end user customers to manufacture, offer
for sale, sell, import, and/or use Defendant products incorporating capabilities required by at
least oneof the MPEG standards, which include but are not limited to Dell computers and
electronic devices containing Cyberlink PowerDVD (such as Latitude D530, Latitude D630,
Latitude D830, and Dell Precision M6300) or Roxio Creator (such as Latitude D630). On
information and belief, Defendant has intentionally taken these actions knowing that its acts
caused infnngement ofthe patent and specifically intending infnngement ofthe '829 patent.
These acts include, but are not limited to, Defendant's offers to sell andsales of Defendant's
infringing products in the United States, as well as Defendant's promotions on its websites and
18
marketing materials for Defendant's infringing products and their MPEG Audio, MP2, or MP3
capabilities.
71.
United States components providing thecapabilities required by the MPEG standards, including
but not limited to software such as Cyberlink PowerDVD and Roxio Creator, for use with
computers and electronic devices, including butnot limited to Dell computers and electronic
devices. The components providing the capabilities required by the MPEG standards arenot
common components suitable for substantial non-infringing use. Upon information and belief,
Defendant supplied the components with knowledge of the patent and knowledge that the
components were specially made or adapted for use in aninfiinging manner and that others
directly infringed the patent in the United States.
72.
Defendant had actualknowledge of the '829 patent and has willfrilly and
sale products that include capabilities required by the MPEG standards. Defendant did so
despite an objectively high likelihood that it was infiinging the '829 patent. Furthermore, the
risk of infiingement was obvious such that, even if Defendant did not know ofthe risk of
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infringement, it should have known of therisk. Under all relevant circumstances. Defendant has
willfullyignored and infringed upon Plaintiffs' valid patent rights.
73.
committed acts of contributory infringement with respect to theclaims of the '396 patent, the
'992 patent, and/or the '829 patent.
B.
Declare that Defendant's infringement of the '396 patent, the '992 patent, and/or
Plaintiffs byreason ofinfringement ofthe '396 patent, the '992 patent, and/or the '829 patent,
and order that such damages attributable to willful infringement and intentional disregard of
Plaintiffs' patent rights be trebled by reason ofthe deliberate and willful infringement ofthe '396
patent, the '992 patent, and/or the '829 patent pursuant to 35 U.S.C. 284.
D.
Grant Plaintiffs prejudgment and post judgment interest onthe damages caused to
them by reason ofDefendant's infringement ofthe '396 patent, '992 patent, and/or the '829
patent.
E.
F.
Grant Plaintiffs such other and furtherrelief as the case may require and the Court
may deem just and proper, together with costs in this action.
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Plaintiffs hereby respectfully request trial by jury pursuant to Rule 38 of the Federal
Rules of Civil Procedure of all issues in this action so triable.
lly submitted,
Joona
CANOLES, P.C.
Norfolk, VA 23510
requested)
requested)
Telephone: (212)558-4000
Facsimile: (212) 558-3588
beeneyg@sullcrom.com
elliotts@sullcrom.com
kleysteuberr@sullcrom.com
devlinm@sullcrom.com
kringsteinj@sullcrom.com
14453934vl
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