DCT

2:25-cv-00752

Zophonos Inc v. Samsung Electronics America Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:25-cv-00752, E.D. Tex., 07/30/2025
  • Venue Allegations: Venue is alleged to be proper based on Defendant Samsung Electronics America, Inc. maintaining a regular and established place of business in the Eastern District of Texas.
  • Core Dispute: Plaintiff alleges that Defendant’s audio products, including the Galaxy Buds line of earbuds and associated software, infringe patents related to systems that use mobile device clusters to sense, analyze, and modify audio based on ambient environmental conditions.
  • Technical Context: The technology concerns adaptive audio systems that can intelligently adjust sound output in response to surrounding noise, a critical feature in the competitive market for wireless personal audio devices.
  • Key Procedural History: The complaint alleges that Samsung had pre-suit knowledge of the patent portfolio because a U.S. patent examiner cited the '016 Patent as a reference during the reexamination of a Samsung-assigned patent application.

Case Timeline

Date Event
2014-09-23 Earliest Priority Date for '906, '736, and '016 Patents
2019-07-31 Plaintiff Zophonos Inc. incorporated
2020-05-19 U.S. Patent No. 10,656,906 ('906 Patent) Issued
2021-12-21 U.S. Patent No. 11,204,736 ('736 Patent) Issued
2024-02-13 U.S. Patent No. 11,900,016 ('016 Patent) Issued
2025-03-18 Alleged date of Samsung's knowledge of patent portfolio
2025-07-30 Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 10,656,906 - “Multi-Frequency Sensing Method and Apparatus using Mobile-Based Clusters,” issued May 19, 2020

The Invention Explained

  • Problem Addressed: The patent describes challenges in managing real-time audio quality, particularly in large or uncontrolled environments where factors like crowd noise, signal reflections, and improper calibrations can degrade the listening experience and even pose a danger to human hearing ('906 Patent, col. 2:3-19).
  • The Patented Solution: The invention proposes a system of interconnected computing devices (a "cluster"), such as smartphones and wearables, that work together to sense environmental audio ('906 Patent, Abstract). These devices analyze the sensed sounds and can autonomously adjust audio output—for instance, on a user's in-ear monitor—based on predefined thresholds or parameters to improve intelligibility and safety ('906 Patent, col. 8:48-55).
  • Technical Importance: The technology represents a shift from centralized, expert-driven audio management to a decentralized, listener-centric model that leverages the sensing capabilities of ubiquitous personal electronics to create an adaptive audio environment ('906 Patent, col. 2:42-49).

Key Claims at a Glance

  • The complaint asserts independent Claim 1 (Compl. ¶43).
  • The essential elements of Claim 1 include:
    • An audio control source.
    • At least one "cluster" of at least one computing device, which includes a sound sensing mechanism and a wireless transceiver.
    • At least one output device with a power source, speaker, and communication mechanism.
    • The audio control source electronically communicates with the cluster and output device, and contains a memory and processor with instructions to perform specific functions.
    • These instructions include: identifying one or more sounds within ambient noise; isolating those sounds; determining if a sound includes a frequency outside a predetermined threshold; if so, altering the sound so its frequency is no longer outside the threshold; and outputting the altered sound.
  • The complaint reserves the right to assert other claims (Compl. ¶42, n.1).

U.S. Patent No. 11,204,736 - “Multi-Frequency Sensing Method and Apparatus Using Mobile-Clusters,” issued December 21, 2021

The Invention Explained

  • Problem Addressed: As a continuation of the family, this patent addresses the same set of problems related to real-time audio management in complex acoustic environments, including issues of intelligibility and loudness control ('736 Patent, col. 2:3-19).
  • The Patented Solution: The invention describes a system comprising a "data source" that communicates with a "cluster" of computing devices via an "electronic bus" ('736 Patent, Claim 1). The system is configured to sense noise, and a processor executes instructions to identify and isolate specific sounds within that noise, and then determine if any of the isolated sounds have a frequency outside of a predetermined threshold ('736 Patent, Abstract; col. 19:5-24).
  • Technical Importance: This patent further develops the concept of using a distributed network of smart devices to perform sophisticated, autonomous audio processing, focusing on the system architecture of a data source, a cluster, and the communication bus between them ('736 Patent, Fig. 3).

Key Claims at a Glance

  • The complaint asserts independent Claim 1 (Compl. ¶70).
  • The essential elements of Claim 1 include:
    • A data source.
    • At least one "cluster" of at least one computing device, which includes a sound sensing mechanism and an electronic bus for data transmission.
    • The data source is in electronic communication with the cluster and at least one output device.
    • A memory and a processor with instructions to perform functions.
    • These functions include: identifying one or more sounds within the noise; isolating the one or more sounds; and determining if one or more of the isolated sounds includes a frequency outside of a predetermined threshold.
  • The complaint reserves the right to assert other claims (Compl. ¶69, n.2).

Multi-Patent Capsule: U.S. Patent No. 11,900,016

  • Patent Identification: U.S. Patent No. 11,900,016, “Multi-Frequency Sensing method and Apparatus Using Mobile-Clusters,” issued February 13, 2024.
  • Technology Synopsis: This patent continues the family’s focus on using mobile device clusters for environmental sensing. The invention describes a system that detects "sensed energy" (e.g., sound) and monitors specific parameters of that energy, such as its amplitude and frequency. If a monitored parameter falls outside a predetermined threshold, the system alters the sound before outputting it ('016 Patent, Abstract; Compl. ¶90).
  • Asserted Claims: The complaint asserts independent Claim 39 (Compl. ¶89).
  • Accused Features: The complaint alleges infringement by Samsung products, such as the Galaxy Buds Pro, that can monitor the frequency and amplitude of ambient sounds via features like "Ambient Sound/Conversation mode" and alter the audio output accordingly (Compl. ¶¶ 94, 101).

III. The Accused Instrumentality

Product Identification

The accused products include Samsung earbuds (e.g., Galaxy Buds Pro), Galaxy Phones, Tablets, TVs, Soundbars, and devices with SpaceFit Sound Pro Plus technology (Compl. ¶35). The complaint focuses on the system formed by Samsung Galaxy Buds Pro earbuds interacting with a Samsung Galaxy smartphone running the Galaxy Wearable app (Compl. ¶¶4-5).

Functionality and Market Context

The complaint alleges that the accused system uses microphones on the earbuds to detect ambient sound (Compl. ¶4). Through the Galaxy Wearable app, a user can activate features like "Ambient Sound," "Siren Detect," and "Voice Detect" (Compl. ¶4). These features are alleged to identify specific sounds (e.g., human voices, emergency sirens), automatically reduce the volume of other audio, and amplify the identified ambient sounds (Compl. ¶5). A screenshot in the complaint shows the user interface for adjusting the "Ambient sound volume" (Compl. p. 10). Another feature, "Adapt sound," is alleged to boost certain frequencies based on pre-selected profiles, which the complaint maps to the patents' "altering" limitation (Compl. ¶59). The complaint provides a screenshot of this "Adapt sound" feature, which offers presets to boost different frequency ranges based on age (Compl. p. 16). These features are central to the user experience of Samsung's flagship personal audio products.

IV. Analysis of Infringement Allegations

'906 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
an audio control source The Samsung Galaxy smartphone running the Galaxy Wearable app, which controls the audio experience. ¶45 col. 11:10-14
at least one cluster of at least one computing device, the at least one computing device including a sound sensing mechanism...and a wireless transceiver The Samsung Galaxy Buds Pro earbuds, which are alleged to be computing devices containing microphones to sense noise and Bluetooth to transmit/receive data. ¶¶46-48 col. 10:37-44
at least one output device, including: a power source...a speaker...and a communication mechanism The Galaxy Buds Pro earbuds, which contain internal batteries, two-way dynamic speakers for audio output, and a Bluetooth communication mechanism. ¶¶49-52 col. 12:5-13
the audio control source...in electronic communication [with] the at least one cluster and the at least one output device...including: a memory...a processor, for executing...instructions for...varying an output... The smartphone communicates with the earbuds via Bluetooth. The smartphone contains a processor and memory, and the app provides an interface to execute instructions that control the earbuds' audio output. ¶¶53-55 col. 5:10-25
instructions include: identifying one or more sounds...isolating the one or more sounds...determining if...a frequency outside of a predetermined threshold...altering the one or more sounds...and outputting... Features like "Ambient Sound/Conversation mode" and "Siren Detect" allegedly identify and isolate voices or sirens. The "Adapt sound" feature allegedly alters sounds by boosting frequencies based on a threshold. The altered audio is then output through the earbud speakers. ¶¶56-60 col. 12:53-65

'736 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a data source The Samsung Galaxy smartphone, which provides data and control signals via the Galaxy Wearable app. ¶72 col. 8:26-34
at least one cluster of at least one computing device, the at least one computing device including: a sound sensing mechanism...and an electronic bus The Galaxy Buds Pro and the smartphone allegedly operate as a cluster of computing devices. The earbuds' microphones sense noise, and Bluetooth allegedly functions as the electronic bus for data transfer. An included diagram illustrates the different levels of ambient sound detection (Compl. p. 20). ¶¶73-75 col. 9:43-51
a memory, containing computer-executable instructions and a processor configured to execute the computer-executable instructions to cause the processor to perform functions including... The smartphone and earbuds contain memory and processors. The software on the phone executes instructions to control the system. ¶¶76-77 col. 13:1-5
identifying one or more sounds within the noise; isolating the one or more sounds; and determining if one or more...sounds includes a frequency outside of a predetermined threshold "Ambient Sound/Conversation mode" allegedly identifies and isolates sounds like voices and sirens. The system is alleged to detect different frequency levels to determine if they fall outside a threshold. ¶¶78-80 col. 13:50-54

Identified Points of Contention

  • Scope Questions: A central issue may be whether the term "cluster" as described in the patents, which the specification illustrates with multiple, spatially distinct groups of devices coordinating (e.g., '906 Patent, Fig. 3), can be construed to read on the two-component system of a single smartphone paired with its dedicated earbuds. Similarly, the interpretation of "electronic bus" ('736 Patent) as a standard Bluetooth connection between a host device and a peripheral may be contested.
  • Technical Questions: The infringement theory for the "altering" step relies heavily on features like "Adapt sound," which boosts frequencies based on age-related presets (Compl. p. 16). A key question will be whether this function constitutes "altering" a sound because it "includes a frequency outside of a predetermined threshold," as the claim requires, or if it is a different form of user-selected equalization. The complaint does not detail the technical mechanism by which the accused products "isolate" sounds, which raises the question of whether their functionality matches the specific method of sound isolation described in the patents.

V. Key Claim Terms for Construction

  • The Term: "cluster"

    • Context and Importance: This term defines the fundamental architecture of the claimed system. Its construction will determine whether the accused two-part system of a phone and its paired earbuds falls within the scope of the claims, which appear to describe a more distributed network.
    • Intrinsic Evidence for a Broader Interpretation: The claim language requires "at least one cluster of at least one computing device," which could be interpreted to mean a single device is a cluster, or that a phone and its connected earbuds constitute a cluster ('906 Patent, col. 5:1-3).
    • Intrinsic Evidence for a Narrower Interpretation: The patent title, "Multi-Frequency Sensing Method and Apparatus using Mobile-Based Clusters," and figures like Figure 3, which depict multiple, distinct hexagonal "clusters" communicating, suggest that a "cluster" may require a group of spatially distributed, coordinated devices beyond a single user's personal area network ('906 Patent, Fig. 3; col. 8:6-11).

  • The Term: "isolating the one or more sounds"

    • Context and Importance: This is a critical processing step. Whether features like "Voice Detect" perform "isolating" as claimed will be a primary point of dispute.
    • Intrinsic Evidence for a Broader Interpretation: The term could be interpreted broadly to mean any process that makes one sound more prominent than another, such as amplifying voices while attenuating background music.
    • Intrinsic Evidence for a Narrower Interpretation: The specification discusses isolating sounds in a manner similar to audio engineering, such as separating "instruments and/or frequencies" and isolating sounds "within band," which may imply a more sophisticated technical process than simple volume adjustment ('906 Patent, col. 13:15-16).

  • The Term: "predetermined threshold"

    • Context and Importance: This term is the trigger for the system's claimed adaptive functionality. The infringement allegation for the "Adapt sound" feature hinges on its operation meeting this limitation. Practitioners may focus on this term because the patent links it to safety, while the accused feature appears to be for user preference.
    • Intrinsic Evidence for a Broader Interpretation: The term could refer to any pre-set value, such as a frequency or amplitude level, that, when crossed, initiates an action by the system.
    • Intrinsic Evidence for a Narrower Interpretation: The specification provides examples where the "predetermined threshold equates to a frequency determined to pose a risk of harm to a human's body (e.g. a retina and blue lights from screens, loud noise and a user's hearing capabilities...)" ('906 Patent, col. 6:50-55). This could support a narrower construction where the threshold must be related to a technical or safety parameter, not just a user-customizable audio profile.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges that Samsung induces infringement by distributing the accused products with knowledge of the patents and by providing instructions, such as user guides, that direct customers to use the products in an infringing manner (Compl. ¶¶62, 64, 84).
  • Willful Infringement: The willfulness claim is based on alleged pre-suit knowledge. The complaint asserts that Samsung has known of the ZOPHONOS patent portfolio since at least March 18, 2025, when a patent examiner allegedly cited the '016 Patent as a reference in the reexamination of a patent assigned to Samsung (Compl. ¶37). The filing of the complaint itself is alleged to establish post-suit knowledge (Compl. ¶38).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of architectural scope: can the term "cluster," which the patent specification illustrates as a network of multiple, spatially distinct device groups, be construed to cover the tightly integrated, two-component system of a smartphone and its single pair of wireless earbuds?
  • A key evidentiary question will be one of functional equivalence: does the accused "Adapt Sound" feature, which boosts frequency bands based on user-selected age profiles, perform the specific function of "altering" a sound because it falls outside a "predetermined threshold," particularly when the patent specification suggests such thresholds may relate to acoustic safety rather than user preference?
  • A central question for willfulness will be one of imputed knowledge: can the plaintiff demonstrate that an examiner’s citation of one patent ('016) in a single prosecution matter for Samsung is sufficient to establish that the corporate entity had pre-suit knowledge of the entire asserted patent family and willfully infringed all three patents?