Zophonos Inc. has sued Samsung (2:25-cv-00752) over the provision of its Samsung Galaxy Buds Pro earbuds, as used with a Samsung Galaxy smartphone and the Galaxy Wearable app to "collect and identify surrounding sound" and then adjust their audio output to "prioritize certain frequencies and sounds through settings such as Ambient Sound, Conversation Mode, Siren Detect, Adapt sound and Voice Detect". The inventor-controlled plaintiff asserts three patents in the new Eastern District of Texas complaint.
Those patents (10,656,906; 11,204,736; 11,900,016) generally relate to a computing device with a sound sensing mechanism that detects "sensed energy", identifies and isolates certain frequencies; determines whether the frequency is outside a certain threshold; if the frequency is outside the threshold, either alters the sound so that the frequency is not outside the threshold, pans or equalizes the sensed energy or noise, or otherwise adds audio effects; and produces an alert. Per the complaint, Siren Detect mode "automatically turn[s] down music or other outputs and turn[s] up the ambient noise so the wearer can better hear emergency sirens".
Levaughn Denton, the sole named inventor of the asserted patents, is identified in the complaint as the CEO and president of Zophonos. The Zophonos website describes a platform for personalizing and adjusting sound using wearables and smartphones but does not otherwise identify a product or service for sale; a separate website for an app called "Rooundu" designed to prevent hearing loss, with a copyright date in 2021, states "DOWNLOAD COMING SOON" and shows the Google Play logo.
A post on Medium showcasing black graduates from Founder Gym Cohort—apparently a startup incubator training founders on how to build, fund, and scale businesses—lists Zophonos as an "IP-centric company with a wearable platform that analyzes environmental phenomena". Additionally, in a promotional video released by Denton and his patent attorney five years ago, in which the attorney presents Denton with an issued patent, Denton mentions litigation.
On its public website, McGovern Capital (MGC) lists Zophonos as one of its investments. MGC describes itself as a "private investment firm and Intellectual Property Rights Strategist that originates, funds, structures and implements capital formation, domestic and international joint ventures and business alliances". MCG also states that it "is a part owner in several global patent rights governing audio technology in various phone and watch devices. Our patents portfolio covers all devices which adjust sound in one's environment. MGC is one of two owners". The identity of the other owner is not mentioned.
Zophonos discloses only that no entity owns ten percent or more of an interest in it. It is represented by Susman Godfrey LLP and Miller Fair Henry PLLC. The case has been assigned to District Judge Rodney Gilstrap. 7/30, Eastern District of Texas.
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