DCT
2:25-cv-00752
Zophonos Inc v. Samsung Electronics America Inc
Key Events
Amended Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Zophonos Inc. (Delaware)
- Defendant: Samsung Electronics Co., Ltd. (Republic of Korea) and Samsung Electronics America, Inc. (New York)
- Plaintiff’s Counsel: Susman Godfrey, L.L.P.
- Case Identification: 2:25-cv-00752, E.D. Tex., 12/08/2025
- Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendant Samsung Electronics America, Inc. maintains a regular and established place of business in the district, and both defendants have committed acts of infringement in the district. For Samsung Electronics Co., Ltd., a foreign corporation, venue is alleged to be proper in any judicial district.
- Core Dispute: Plaintiff alleges that Defendant’s audio products, including its Galaxy Buds earbuds and associated smartphones, infringe three patents related to systems for sensing, analyzing, and autonomously modifying audio frequencies in real-time.
- Technical Context: The technology concerns dynamic audio processing systems that use networks of computing devices to monitor ambient sound and intelligently adjust audio output, a field of increasing importance for consumer electronics like headphones and smart speakers.
- Key Procedural History: The complaint alleges that Samsung had pre-suit knowledge of the ’016 Patent as of at least March 18, 2025, because a patent examiner cited it during the prosecution of a Samsung patent application. Plaintiff further alleges that Samsung has had notice of all three asserted patents since the filing of the initial complaint in this action on July 30, 2025.
Case Timeline
| Date | Event |
|---|---|
| 2014-09-23 | Earliest Priority Date for all Asserted Patents (’906, ’736, '016) |
| 2020-05-19 | U.S. Patent No. 10,656,906 Issues |
| 2021-12-21 | U.S. Patent No. 11,204,736 Issues |
| 2024-02-13 | U.S. Patent No. 11,900,016 Issues |
| 2025-03-18 | Alleged date of Samsung's knowledge of '016 Patent via examiner citation |
| 2025-07-30 | Alleged date of Samsung's notice of all patents from initial complaint |
| 2025-12-08 | First Amended 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"
The Invention Explained
- Problem Addressed: The patent’s background section describes the difficulty of managing audio output in real-time, particularly in large or complex acoustic environments. Problems include improper signal calibrations, unwanted harmonics, crowd noise that forces dangerously high volume levels, and audio-video synchronization issues in live performances (’906 Patent, col. 2:1-24).
- The Patented Solution: The invention proposes a system of interconnected computing devices (e.g., smartphones, wearables), organized into "clusters," that sense ambient sound at multiple points. These devices wirelessly communicate with a central "audio control source" that analyzes the collected data and can autonomously adjust audio output from speakers or in-ear monitors to correct for the identified problems in real-time (’906 Patent, Abstract; Fig. 3).
- Technical Importance: This approach enables a listener-centric method for autonomously optimizing sound quality, potentially reducing the need for constant manual control by audio engineers in complex settings (’906 Patent, col. 2:46-49).
Key Claims at a Glance
- The complaint asserts at least independent Claim 1 (Compl. ¶42).
- Essential elements of Claim 1 include:
- A system with an "audio control source" and at least one "cluster" of computing devices.
- The computing device has a "sound sensing mechanism" and a "wireless transceiver."
- An "output device" with a power source and speaker.
- The audio control source has a processor and memory with instructions to:
- identify and isolate sounds within noise;
- determine if a sound's frequency is "outside of a predetermined threshold";
- if so, "altering" the sound so its frequency is no longer outside the threshold; and
- outputting the altered sound.
U.S. Patent No. 11,204,736 - "Multi-Frequency Sensing Method and Apparatus Using Mobile-Clusters"
The Invention Explained
- Problem Addressed: Similar to the ’906 Patent, the ’736 Patent addresses challenges in maintaining audio intelligibility and quality in environments with crowd noise, reverberation, and other acoustic distortions (’736 Patent, col. 2:1-24).
- The Patented Solution: The invention describes a system comprising a "data source" in communication with a "cluster" of computing devices via an "electronic bus." The devices sense noise, and a processor executes instructions to identify and isolate sounds within that noise and determine if their frequency falls outside a set threshold (’736 Patent, Abstract). This patent focuses on the analysis and determination steps of the audio processing system.
- Technical Importance: The technology provides a framework for a distributed sensing network that can perform granular, real-time analysis of ambient audio conditions, forming the basis for intelligent sound management (’736 Patent, col. 2:40-49).
Key Claims at a Glance
- The complaint asserts at least independent Claim 1 (Compl. ¶68).
- Essential elements of Claim 1 include:
- A system with a "data source" and at least one "cluster" of computing devices.
- The computing device includes a "sound sensing mechanism" and an "electronic bus" for communication with the data source.
- The data source is in communication with the cluster and an output device.
- A memory and processor with instructions to:
- identify one or more sounds within noise;
- isolate the one or more sounds; and
- determine if an isolated sound includes a frequency "outside of a predetermined threshold."
U.S. Patent No. 11,900,016 - "Multi-Frequency Sensing method and Apparatus Using Mobile-Clusters"
- Patent Identification: U.S. Patent No. 11,900,016, “Multi-Frequency Sensing method and Apparatus Using Mobile-Clusters,” issued February 13, 2024 (Compl. ¶26).
- Technology Synopsis: The patent describes a system of networked computing devices that sense environmental energy, such as sound. The system is configured to monitor specific parameters of the sound—namely amplitude and frequency—and determine if those parameters fall outside a predetermined threshold. If a parameter is outside the threshold, the system alters the sound before outputting it, thereby addressing issues of undesirable or hazardous audio levels (Compl. ¶88).
- Asserted Claims: At least independent Claim 39 (Compl. ¶87).
- Accused Features: The complaint alleges that Samsung's audio products, such as the Galaxy Buds Pro, use their microphones to monitor the frequency and amplitude of ambient sounds. The system, comprising the earbuds and a connected smartphone, is alleged to determine if these parameters exceed thresholds and then alter the audio output, as exemplified by features like Ambient Sound and Conversation mode (Compl. ¶¶90-100).
III. The Accused Instrumentality
Product Identification
- The complaint names Samsung Earbuds (specifically the Galaxy Buds Pro), Galaxy Phones, Tablets, TVs, and Soundbars, particularly those incorporating "SpaceFit Sound and Active Voice Amplifier technology" (Compl. ¶35). The infringement allegations focus on a system comprising Samsung Galaxy Buds Pro earbuds connected to and controlled by a Samsung Galaxy smartphone via the Galaxy Wearable application (Compl. ¶4, ¶45).
Functionality and Market Context
- The accused system functions by using microphones in the earbuds to detect ambient sounds (Compl. ¶4, ¶47). The smartphone, via the Galaxy Wearable app, processes this information and adjusts the audio output based on user-selected modes (Compl. ¶4-5). For example, in "Voice Detect" or "Conversation Mode," the system allegedly identifies human voices, turns down other audio, and amplifies the conversation (Compl. ¶5). In "Siren Detect" mode, it prioritizes emergency siren frequencies (Compl. ¶56). The "Adapt sound" feature allegedly allows users to create a personalized sound profile that boosts certain frequency ranges (Compl. ¶59). The complaint provides a screenshot of the "Adapt sound" interface, which allegedly allows users to boost frequencies based on age-related presets (Compl. p. 16).
IV. Analysis of Infringement Allegations
U.S. Patent No. 10,656,906 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A system comprising: an audio control source | The Samsung Galaxy smartphone running the Galaxy Wearable app. | ¶45 | col. 12:11-14 |
| 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 Galaxy Buds Pro earbuds are alleged to be the computing device/cluster, containing microphones (sound sensing) and Bluetooth connectivity (transceiver). | ¶46-48 | col. 10:37-40 |
| at least one output device, including: a power source... a speaker... and a communication mechanism | The Galaxy Buds Pro earbuds, which output audio and include batteries (power source), speakers, and Bluetooth capabilities (communication mechanism). | ¶49-52 | col. 12:7-8 |
| the audio control source...including: a memory... and a processor, for executing the computer-executable instructions | The Samsung Galaxy smartphone contains memory and a processor capable of executing the Galaxy Wearable app and its associated instructions. | ¶54-55 | col. 12:15-16 |
| identifying one or more sounds within the noise | The Galaxy Buds Pro system, in modes like Conversation Mode, detects and identifies specific sounds such as human voices or emergency sirens. | ¶56 | col. 19:50-51 |
| isolating the one or more sounds | The system can isolate and focus on specific ambient sounds like voices, traffic noise, or alarms. | ¶57 | col. 19:51-52 |
| determining if one or more...sounds includes a frequency outside of a predetermined threshold | The Galaxy Buds Pro can isolate different frequency bands and detect different frequency levels, such as high and mid frequencies. | ¶58 | col. 19:52-54 |
| if one or more...sounds includes the frequency outside of the predetermined threshold, altering the one or more...sounds | The "Adapt sound" feature can be set to boost different frequencies that fall within a chosen threshold, allegedly altering the sound. | ¶59 | col. 19:55-60 |
| outputting the one or more sounds on the at least one output device | The altered sounds are output through the Galaxy Buds Pro speakers. | ¶60 | col. 19:60-62 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether the term "cluster," which the patent specification illustrates in contexts involving multiple distributed devices in a large venue (e.g., ’906 Patent, Fig. 3, Fig. 7B-C), can be construed to read on a system composed of a single pair of earbuds and one smartphone.
- Technical Questions: The infringement theory for the "altering" step relies on the "Adapt sound" feature, which appears to be a user-configured equalizer preset (Compl. p. 16). This raises the question of whether a static, user-selected frequency boost performs the claimed function of dynamically "altering" a sound in response to it being identified as "outside of a predetermined threshold."
U.S. Patent No. 11,204,736 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A system comprising: a data source | The Samsung Galaxy smartphone with the Galaxy Wearable app is alleged to be the data source. | ¶71 | col. 12:11-14 |
| 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 (with microphones) and the Galaxy smartphone are alleged to operate as a cluster, with the Bluetooth connection serving as the electronic bus. | ¶72-74 | col. 10:37-40 |
| a memory, containing computer-executable instructions and a processor configured to execute the computer-executable instructions... | The Samsung Galaxy smartphone contains the processor and memory for executing the relevant software instructions. | ¶75-76 | col. 12:15-16 |
| identifying one or more sounds within the noise | In Ambient Sound/Conversation mode, the system allegedly detects and identifies specific sounds such as human voices or sirens. | ¶77 | col. 19:50-51 |
| isolating the one or more sounds | The system allegedly isolates and focuses on specific ambient sounds like voices, traffic noise, and alarms. | ¶78 | col. 19:51-52 |
| determining if one or more of the isolated...sounds includes a frequency outside of a predetermined threshold | The system can allegedly isolate different frequency bands and detect different frequency levels, such as high and mid frequency. | ¶79 | col. 19:52-54 |
- Identified Points of Contention:
- Scope Questions: The complaint alleges the wireless Bluetooth link between the earbuds and smartphone constitutes an "electronic bus" (Compl. ¶74). The construction of this term will be critical, as it may be argued that "electronic bus" implies a more integrated, wired hardware connection rather than a wireless communication protocol.
- Technical Questions: Claim 1 of the ’736 Patent recites a system that performs analysis ("identifying," "isolating," and "determining") but does not claim the subsequent steps of "altering" or "outputting" the modified sound. This may simplify the infringement proof but raises the question of whether the claim, as written, covers the complete functionality of the accused products or only an intermediate data processing function. A diagram from Samsung's marketing materials is included to illustrate the function of detecting ambient noise (Compl. p. 20).
V. Key Claim Terms for Construction
- The Term: "cluster" (from '906 Patent, Claim 1 and '736 Patent, Claim 1)
- Context and Importance: The definition of "cluster" is fundamental to the infringement case. Plaintiff's theory depends on a single smartphone and a pair of earbuds constituting a "cluster." Practitioners may focus on this term because the patent’s specification and figures frequently depict multiple, spatially distributed groups of devices working in concert, which may suggest a different scope than the accused two-component system.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent’s Figure 1 is described as "an embodiment of one cluster" and depicts a small number of personal devices (glasses, watch, smartphone), which may support an interpretation that a "cluster" can be a personal-area network of devices (’906 Patent, col. 10:33-36).
- Evidence for a Narrower Interpretation: The specification repeatedly describes the invention's use in large venues like theaters and stadiums with multiple clusters interacting to manage sound across a wide area (’906 Patent, Fig. 7B, 7C). This context may support a narrower definition requiring a more distributed network of devices than that of a single user.
- The Term: "electronic bus" (from '736 Patent, Claim 1)
- Context and Importance: The complaint alleges that a Bluetooth connection functions as the claimed "electronic bus." The viability of this assertion depends entirely on claim construction. Practitioners may focus on this term because its ordinary meaning in computer architecture often refers to a physical, parallel set of wires for data transfer within or between integrated components.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent does not provide an explicit definition for "electronic bus." The claim requires only that it is "configured to transmit and receive data from the data source," a function that a wireless protocol like Bluetooth performs. This lack of a specific definition may allow for a broader, functional interpretation.
- Evidence for a Narrower Interpretation: The term "bus" is a well-established term of art in electrical engineering and computing, typically connoting a specific hardware architecture. The patent's failure to explicitly redefine this term to include wireless protocols could be argued to support a construction limited to its ordinary, narrower meaning.
VI. Other Allegations
- Indirect Infringement: The complaint alleges induced infringement for all three patents. The allegations are based on Samsung distributing the accused products and providing instructions, such as user guides available on its website, that allegedly direct customers and end users to use the products in an infringing manner (Compl. ¶62-64, ¶81-83, ¶102-104).
- Willful Infringement: Willfulness is alleged for the ’016 Patent based on pre-suit knowledge. The complaint asserts that Samsung knew of the ’016 Patent as early as March 18, 2025, because a U.S. patent examiner cited it as a reference during the examination of a patent application assigned to Samsung (Compl. ¶37). For all three patents, willfulness is also alleged based on Samsung's continued infringement after receiving notice via the initial complaint filed on July 30, 2025 (Compl. ¶38-39).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "cluster," which the patents illustrate in the context of multi-device, wide-area sound management systems, be construed to cover the two-component personal audio system comprising a single smartphone and a pair of earbuds?
- A key evidentiary question will be one of functional operation: do the accused user-configured features like "Adapt sound" perform the autonomous, threshold-based sound "altering" required by claim 1 of the ’906 patent, or is there a fundamental mismatch between a static user preset and the dynamic response described in the patent?
- The willfulness allegation will likely turn on a question of corporate knowledge: is a patent citation by an examiner during the prosecution of an unrelated application sufficient to establish that a large, multinational corporation like Samsung had actual knowledge of, or was willfully blind to, the ’016 patent for infringement purposes?