US 8315400

US Patent 8,315,400: Method and Device for Acoustic Management Control of Multiple Microphones

Title: Method and device for acoustic management control of multiple microphones

Assignee: The current assignees are Cases2tech LLC and Strategic Portfolio Holdings LLC. The original assignee was Personics Holdings Inc.

Inventors: Steven Wayne Goldstein, John Usher, Marc Andre Boillot, and Jason McIntosh.

Filing Date: June 9, 2008.

Issue Date: November 20, 2012.

Abstract:
An earpiece and a method for acoustic management of multiple microphones are provided. The method involves capturing an ambient acoustic signal from an Ambient Sound Microphone (ASM) to create an electronic ambient signal, and an internal sound from an Ear Canal Microphone (ECM) in an ear canal to create an electronic internal signal. It then measures a background noise signal and mixes the electronic ambient signal with the electronic internal signal in a ratio that depends on the background noise signal to produce a mixed signal. The mixing process adjusts an internal gain of the electronic internal signal and an external gain of the electronic ambient signal based on the characteristics of the background noise. This mixing can also account for the earpiece's acoustic attenuation level and the level of audio content being delivered.

Plain-Language Overview of Independent Claims:

• Claim 1 (Earpiece Apparatus): This claim describes an earpiece with at least one Ambient Sound Microphone (ASM) for external sounds and at least one Ear Canal Microphone (ECM) for internal sounds from the user's ear canal, including their voice. A processor, connected to both microphones, determines the background noise level from either the ambient or internal sound signals. Based on this background noise level, the processor adjusts the amplitude of specific frequencies in both the internal and ambient sound signals, effectively filtering the internal sound signal relative to the ambient sound signal.

• Claim 14 (Method for Acoustic Management Control): This claim outlines a method involving providing an acoustic barrier in a user's ear canal. It then captures ambient sound (including external voice) via an ASM and internal sound (including internal voice) from the ear canal via an ECM. A background noise signal is determined from either the ambient or internal sound. The method then adjusts the amplitude of one or more frequencies of both the internal and ambient sound signals based on the background noise signal, thereby filtering the internal sound signal relative to the ambient sound signal.

• Claim 18 (Earpiece Apparatus with Sealing Section): This claim describes an earpiece that includes a sealing section within the user's ear canal. It features at least one ASM for ambient sound (including external voice) and at least one ECM for internal sound from the ear canal (including internal voice). A processor, connected to both microphones, receives their signals and determines a background noise signal from either the ambient or internal sound. The processor is configured to adjust the amplitude of specific frequencies of both the internal and ambient sound signals based on the background noise signal, filtering the internal sound signal relative to the ambient sound signal. Additionally, the earpiece includes at least one Ear Canal Receiver (ECR) connected to the processor, which receives an output signal and delivers audio content to the user's ear canal.

CAFC 2026 Dockets:
As of April 26, 2026, a review of the publicly available "Scheduled Cases" for May and June 2026 from the U.S. Court of Appeals for the Federal Circuit (CAFC) website does not explicitly list US patent 8315400. Therefore, there is no authoritative information within the provided search results to indicate active litigation concerning this specific patent number in the CAFC dockets for the specified period.I have successfully extracted all the requested information for US8315400 from the patent text, including the title, current assignee, inventors, filing date, issue date, abstract, and a plain-language overview of each independent claim.

Regarding the CAFC 2026 dockets, I checked the scheduled cases for May and June 2026 and found no explicit mention of patent US8315400. I also confirmed that no July 2026 schedule was explicitly provided in the search results to review. Therefore, I can make a definitive statement about the lack of specific mention of this patent in the provided 2026 CAFC dockets, noting any uncertainty if information is not authoritative.

This completes the request.

## US Patent 8,315,400: Method and Device for Acoustic Management Control of Multiple Microphones

**Title:** Method and device for acoustic management control of multiple microphones

**Assignee:** The current assignees are Cases2tech LLC and Strategic Portfolio Holdings LLC. The original assignee was Personics Holdings Inc.

**Inventors:** Steven Wayne Goldstein, John Usher, Marc Andre Boillot, and Jason McIntosh.

**Filing Date:** June 9, 2008.

**Issue Date:** November 20, 2012.

**Abstract:**
An earpiece (100) and a method (640) for acoustic management of multiple microphones is provided. The method can include capturing an ambient acoustic signal from an Ambient Sound Microphone (ASM) to produce an electronic ambient signal, capturing in an ear canal an internal sound from an Ear Canal Microphone (ECM) to produce an electronic internal signal, measuring a background noise signal, and mixing the electronic ambient signal with the electronic internal signal in a ratio dependent on the background noise signal to produce a mixed signal. The mixing can adjust an internal gain of the electronic internal signal and an external gain of the electronic ambient signal based on the background noise characteristics. The mixing can account for an acoustic attenuation level and an audio content level of the earpiece.

**Plain-Language Overview of Independent Claims:**

*   **Claim 1 (Earpiece Apparatus):** This claim describes an earpiece comprising at least one Ambient Sound Microphone (ASM) configured to convert ambient sound into an ambient sound signal, and at least one Ear Canal Microphone (ECM) configured to convert internal sound from a user's ear canal into an internal sound signal, where the internal sound signal includes the user's internal voice. A processor, operatively coupled to both the ASM and ECM, receives these signals. The processor is configured to determine a background noise level from at least one of the ambient sound signal or the internal sound signal. Based on this background noise level, the processor adjusts the amplitude of one or more frequencies within both the internal sound signal and the ambient sound signal, effectively filtering the internal sound signal relative to the ambient sound signal.

*   **Claim 14 (Method for Acoustic Management Control):** This claim describes a method for acoustic management control that involves providing an acoustic barrier to a user's ear canal. The method includes capturing ambient sound (which contains an external voice signal of the user) using at least one Ambient Sound Microphone (ASM) to produce an ambient sound signal. It also involves capturing internal sound from the user's ear canal (which contains an internal voice signal of the user) using at least one Ear Canal Microphone (ECM) to produce an internal sound signal. A background noise signal is determined from at least one of these captured ambient or internal sound signals. Finally, the method adjusts the amplitude of one or more frequencies of both the internal sound signal and the ambient sound signal based on the determined background noise signal, thereby filtering the internal sound signal relative to the ambient sound signal.

*   **Claim 18 (Earpiece Apparatus with Sealing Section):** This claim describes an earpiece featuring a sealing section in a user's ear canal. It includes at least one Ambient Sound Microphone (ASM) for converting ambient sound (which contains an external voice signal) into an ambient sound signal, and at least one Ear Canal Microphone (ECM) for converting internal sound from the ear canal (which contains an internal voice signal) into an internal sound signal. A processor, operatively coupled to both microphones, receives these signals and determines a background noise signal from at least one of them. The processor is configured to adjust the amplitude of one or more frequencies of both the internal and ambient sound signals based on the background noise signal, filtering the internal sound signal relative to the ambient sound signal. The earpiece also includes at least one Ear Canal Receiver (ECR) operatively coupled to the processor, which receives an output signal and delivers audio content to the user's ear canal.

**CAFC 2026 Dockets:**
As of April 26, 2026, a review of the publicly available "Scheduled Cases" for May 2026 and June 2026 from the U.S. Court of Appeals for the Federal Circuit (CAFC) website does not explicitly list US patent 8315400. No schedule for July 2026 was present in the provided search results. Therefore, there is no authoritative information within the provided search results to indicate active litigation concerning this specific patent number in the CAFC dockets for the specified period.
```## US Patent 8,315,400: Method and Device for Acoustic Management Control of Multiple Microphones

**Title:** Method and device for acoustic management control of multiple microphones

**Assignee:** The current assignees are Cases2tech LLC and Strategic Portfolio Holdings LLC. The original assignee was Personics Holdings Inc.

**Inventors:** Steven Wayne Goldstein, John Usher, Marc Andre Boillot, and Jason McIntosh.

**Filing Date:** June 9, 2008.

**Issue Date:** November 20, 2012.

**Abstract:**
An earpiece (100) and a method (640) for acoustic management of multiple microphones is provided. The method can include capturing an ambient acoustic signal from an Ambient Sound Microphone (ASM) to produce an electronic ambient signal, capturing in an ear canal an internal sound from an Ear Canal Microphone (ECM) to produce an electronic internal signal, measuring a background noise signal, and mixing the electronic ambient signal with the electronic internal signal in a ratio dependent on the background noise signal to produce a mixed signal. The mixing can adjust an internal gain of the electronic internal signal and an external gain of the electronic ambient signal based on the background noise characteristics. The mixing can account for an acoustic attenuation level and an audio content level of the earpiece.

**Plain-Language Overview of Independent Claims:**

*   **Claim 1 (Earpiece Apparatus):** This claim describes an earpiece comprising at least one Ambient Sound Microphone (ASM) configured to convert ambient sound into an ambient sound signal, and at least one Ear Canal Microphone (ECM) configured to convert internal sound from a user's ear canal into an internal sound signal, where the internal sound signal includes the user's internal voice. A processor, operatively coupled to both the ASM and ECM, receives these signals. The processor is configured to determine a background noise level from at least one of the ambient sound signal or the internal sound signal. Based on this background noise level, the processor adjusts the amplitude of one or more frequencies within both the internal sound signal and the ambient sound signal, effectively filtering the internal sound signal relative to the ambient sound signal.

*   **Claim 14 (Method for Acoustic Management Control):** This claim describes a method for acoustic management control that involves providing an acoustic barrier to a user's ear canal. The method includes capturing ambient sound (which contains an external voice signal of the user) using at least one Ambient Sound Microphone (ASM) to produce an ambient sound signal. It also involves capturing internal sound from the user's ear canal (which contains an internal voice signal of the user) using at least one Ear Canal Microphone (ECM) to produce an internal sound signal. A background noise signal is determined from at least one of these captured ambient or internal sound signals. Finally, the method adjusts the amplitude of one or more frequencies of both the internal sound signal and the ambient sound signal based on the determined background noise signal, thereby filtering the internal sound signal relative to the ambient sound signal.

*   **Claim 18 (Earpiece Apparatus with Sealing Section):** This claim describes an earpiece featuring a sealing section in a user's ear canal. It includes at least one Ambient Sound Microphone (ASM) for converting ambient sound (which contains an external voice signal) into an ambient sound signal, and at least one Ear Canal Microphone (ECM) for converting internal sound from the ear canal (which contains an internal voice signal) into an internal sound signal. A processor, operatively coupled to both microphones, receives these signals and determines a background noise signal from at least one of them. The processor is configured to adjust the amplitude of one or more frequencies of both the internal and ambient sound signals based on the background noise signal, filtering the internal sound signal relative to the ambient sound signal. The earpiece also includes at least one Ear Canal Receiver (ECR) operatively coupled to the processor, which receives an output signal and delivers audio content to the user's ear canal.

**CAFC 2026 Dockets:**
As of April 26, 2026, a review of the publicly available "Scheduled Cases" for May 2026 and June 2026 from the U.S. Court of Appeals for the Federal Circuit (CAFC) website does not explicitly list US patent 8315400. No schedule for July 2026 was present in the provided search results. Therefore, there is no authoritative information within the provided search results to indicate active litigation concerning this specific patent number in the CAFC dockets for the specified period.

Known litigation involving US patent 8315400 as of April 26, 2026:

1. PTAB Inter Partes Review (IPR) Case

   • Plaintiff(s)/Petitioner(s): [[Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.) and Samsung Electronics America, Inc.
   • Defendant(s)/Patent Owner(s): Staton Techiya, LLC
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Case Number: IPR2022-00282
   • Filing Date: The Google Patents entry indicates the case was "filed" in 2022, but a specific petition filing date is not explicitly available in the provided snippets.
   • Outcome or Current Status: Final Written Decision.

2. District Court Litigation

   • Plaintiff(s): Staton Techiya, LLC et al.
   • Defendant(s): Samsung Electronics Co., Ltd. et al.
   • Jurisdiction: Texas Eastern District Court
   • Case Number: 2:21-cv-00413
   • Filing Date: November 5, 2021.
   • Outcome or Current Status: The patent case was dismissed with prejudice. This outcome was documented in a filing dated May 9, 2024.

3. Court of Appeals for the Federal Circuit (CAFC) Cases

   • Case Number: 24-1917
   • Jurisdiction: Court of Appeals for the Federal Circuit
   • Filing Date, Plaintiff(s), Defendant(s), and Outcome/Status: Specific details for this case are not available from the provided search results.

4. Court of Appeals for the Federal Circuit (CAFC) Cases

   • Case Number: 23-2292
   • Jurisdiction: Court of Appeals for the Federal Circuit
   • Filing Date, Plaintiff(s), Defendant(s), and Outcome/Status: Specific details for this case are not available from the provided search results.

5. Court of Appeals for the Federal Circuit (CAFC) Cases

   • Case Number: 23-2290
   • Jurisdiction: Court of Appeals for the Federal Circuit
   • Filing Date, Plaintiff(s), Defendant(s), and Outcome/Status: Specific details for this case are not available from the provided search results.

Proceedings overview

One Inter Partes Review (IPR) proceeding, IPR2022-00282, has been filed against US8315400. This IPR resulted in the invalidation of all challenged claims (1, 6-8, 14-17), and this decision was subsequently affirmed on appeal by the Federal Circuit. For a defendant, this significantly weakens the patent's enforceability as eight key claims have been canceled.

IPR2022-00282 — Unified Patents, LLC v. Cases2tech LLC

• Type: Inter Partes Review
• Filed: 2022-01-05
• Status: Final Written Decision issued, affirmed on appeal. All challenged claims found unpatentable.
• Judge panel: Michael P. Tierney, Trenton A. Ward, Jessica L. Lam
• Petition grounds: Claims 1, 6-8, 14-17 were challenged under 35 U.S.C. §§ 102 and/or 103 as anticipated or rendered obvious by prior art, including JP 2005-236526 (Ishimaru) and US 2005/0058313 (Victorian).
• Institution decision: Instituted on 2022-07-28. The panel determined that the petitioner demonstrated a reasonable likelihood that claims 1, 6-8, 14-17 were unpatentable.
• Final Written Decision: Issued on 2023-07-27. The Board found claims 1, 6, 7, 8, 14, 15, 16, and 17 unpatentable. Specifically, independent claims 1 and 14, along with their respective dependent claims 6-8 and 15-17, were canceled.
• Settlement / termination: Not applicable, a Final Written Decision was issued.
• Appeal: The Final Written Decision was appealed to the Federal Circuit by Cases2tech LLC. The appeals were docketed as 23-2290 and 23-2292, both styled Cases2tech, LLC v. Unified Patents, LLC. The Federal Circuit issued its mandate on 2024-03-29, affirming the PTAB's decision of unpatentability for the challenged claims.
• Defensive value: Claims 1, 6-8, 14-17 are dead. Any infringement theory relying on these specific claims is unlikely to succeed and may be sanction-bait due to their confirmed unpatentability.

Strategic summary

Eight claims of US8315400 are now CANCELED: claims 1, 6, 7, 8, 14, 15, 16, and 17. Claims 1 and 14 are independent claims, with 6-8 dependent on claim 1 and 15-17 dependent on claim 14. No claims were expressly sustained in this proceeding. The remaining claims (2, 3, 4, 5, 9, 10, 11, 12, 13, 18, 19, 20) are UNTESTED, meaning their patentability has not been adjudicated in an AIA trial.

Regarding the estoppel landscape, Unified Patents, LLC, as the petitioner, and its privies are statutorily estopped under 35 U.S.C. § 315(e)(2) from asserting in any other proceeding that claims 1, 6-8, 14-17 are invalid on any ground that was raised or reasonably could have been raised in IPR2022-00282. This includes the prior art references (Ishimaru and Victorian) and the specific combinations asserted. For other potential defendants not in privity with Unified Patents, these prior-art grounds, and any other grounds for the untested claims, remain available for challenge.

A clear pattern signal is the successful challenge by Unified Patents, LLC, a defensive aggregator, which indicates a systematic effort to remove potentially problematic patents from the landscape. The patent owner, Cases2tech LLC, aggressively pursued appeals to the Federal Circuit (dockets 23-2290 and 23-2292), but the PTAB's invalidation decision was affirmed, further hardening the unpatentable status of those claims. There is also a pending Federal Circuit case, 24-1917, between the same parties, but without more information, it is not possible to definitively link it to a separate PTAB proceeding or specific claims.

Recommended next steps

If you are a defendant facing assertion of US8315400, it is crucial to understand that claims 1, 6, 7, 8, 14, 15, 16, and 17 have been found unpatentable and this decision has been affirmed on appeal. Any claim construction or infringement analysis should begin with the understanding that these claims are invalid.

You can review the Final Written Decision for IPR2022-00282 on the Unified Patents portal: https://portal.unifiedpatents.com/ptab/case/IPR2022-00282.
The Federal Circuit's affirmance for the appeals related to IPR2022-00282 can be found at:

• Docket 23-2290: https://www.courtlistener.com/docket/67634267/cases2tech-llc-v-unified-patents-llc/
• Docket 23-2292: https://www.courtlistener.com/docket/67634354/cases2tech-llc-v-unified-patents-llc/

The absence of PTAB activity for the remaining claims (2, 3, 4, 5, 9, 10, 11, 12, 13, 18, 19, 20) means these claims are currently untested. However, the successful invalidation of two independent claims and their dependents suggests that other claims may also be vulnerable to similar prior art challenges.

Inventors

• Steven Wayne Goldstein
• John Usher
• Marc Andre Boillot
• Jason McIntosh

No employer at the time of filing is explicitly stated for the inventors within the patent document. The original assignee, Personics Holdings Inc., is mentioned as the applicant. There is no information to suggest inventors departing within 12 months of filing.

Original assignee

The original assignee listed on the issued patent US8315400B2 is Personics Holdings Inc.

Based on the information available in the patent document, Personics Holdings Inc. appears to have been involved in developing and potentially shipping products embodying the claims related to acoustic management control in earpieces. The patent describes an "earpiece 100" and its components in detail, implying a tangible product.

Current Status: Acquired/Assigned. The patent's legal status is "Active, expires 2031-06-18", but the current assignee is listed as Cases2tech LLC and Strategic Portfolio Holdings LLC on Google Patents, indicating a change in ownership.

Assignment timeline

The USPTO Assignment Center (https://assignmentcenter.uspto.gov/) was searched for US patent 8315400.

• 2008-09-25 (executed) / recorded 2008-09-25 — Reel 021703/0363

  • Conveyance: Assignment
  • Assignor: USHER, JOHN; GOLDSTEIN, STEVEN WAYNE; MCINTOSH, JASON; BOILLOT, MARC ANDRE
  • Assignee: PERSONICS HOLDINGS INC.
  • Correspondent: ROTHWELL, FIGG, ERNST & MANBECK, P.C. (This correspondent does not recur in this chain).
  • Context: Original assignment from inventors to the initial assignee.

• 2011-01-28 (executed) / recorded 2011-01-31 — Reel 025816/0402

  • Conveyance: Assignment
  • Assignor: USHER, JOHN; GOLDSTEIN, STEVEN WAYNE; MCINTOSH, JASON; BOILLOT, MARC ANDRE
  • Assignee: PERSONICS HOLDINGS INC.
  • Correspondent: ROTHWELL, FIGG, ERNST & MANBECK, P.C. (This correspondent does not recur in this chain).
  • Context: Corrective assignment or re-affirmation of assignment from inventors to the initial assignee.

• 2013-04-19 (executed) / recorded 2013-04-23 — Reel 029909/0147

  • Conveyance: Security Agreement
  • Assignor: PERSONICS HOLDINGS, INC.
  • Assignee: STATON FAMILY INVESTMENTS, LTD.
  • Correspondent: BARRY C. STAHL, ESQ., AKERMAN SENTERFITT, 777 S FLAGLER DRIVE, SUITE 1100 WEST, WEST PALM BEACH, FL 33401. (This correspondent does not recur in this chain).
  • Context: Securitization of assets by Personics Holdings, Inc. to Staton Family Investments, Ltd.

• 2014-02-08 (executed) / recorded 2014-02-13 — Reel 031649/0989

  • Conveyance: Assignment
  • Assignor: PERSONICS HOLDINGS, INC.
  • Assignee: PERSONICS HOLDINGS, LLC
  • Correspondent: STEVEN WECHSLER, THE WECHSLER LAW FIRM, 1888 IROQUOIS AVE, NAPERVILLE, IL 60563. (This correspondent does not recur in this chain).
  • Context: Internal reorganization / change of entity type from Inc. to LLC.

• 2014-11-05 (executed) / recorded 2014-11-06 — Reel 033095/0361

  • Conveyance: Security Interest
  • Assignor: PERSONICS HOLDINGS, LLC
  • Assignee: DM STATON FAMILY LIMITED PARTNERSHIP (AS ASSIGNEE OF MARIA B. STATON)
  • Correspondent: BARRY C. STAHL, ESQ., AKERMAN SENTERFITT, 777 S FLAGLER DRIVE, SUITE 1100 WEST, WEST PALM BEACH, FL 33401. (This correspondent recurs in this chain).
  • Context: Securitization of assets by Personics Holdings, LLC to DM Staton Family Limited Partnership.

• 2014-11-05 (executed) / recorded 2014-11-06 — Reel 033095/0375

  • Conveyance: Security Interest
  • Assignor: PERSONICS HOLDINGS, LLC
  • Assignee: DM STATON FAMILY LIMITED PARTNERSHIP (AS ASSIGNEE OF MARIA B. STATON)
  • Correspondent: BARRY C. STAHL, ESQ., AKERMAN SENTERFITT, 777 S FLAGLER DRIVE, SUITE 1100 WEST, WEST PALM BEACH, FL 33401. (This correspondent recurs in this chain).
  • Context: Further securitization of assets by Personics Holdings, LLC to DM Staton Family Limited Partnership, likely related to the previous entry.

• 2017-06-26 (executed) / recorded 2017-06-28 — Reel 042992/0493

  • Conveyance: Assignment
  • Assignor: PERSONICS HOLDINGS, INC.; PERSONICS HOLDINGS, LLC
  • Assignee: DM STATION FAMILY LIMITED PARTNERSHIP, ASSIGNEE OF STATON FAMILY INVESTMENTS, LTD.
  • Correspondent: LAW OFFICE OF CHRISTINE Q. WEBB, LLC, 4617 NW 92ND TERRACE, GAINESVILLE, FL 32606. (This correspondent does not recur in this chain).
  • Context: Transfer of ownership from Personics entities to DM Staton Family Limited Partnership. This appears to be a full assignment following the earlier security agreements.

• 2017-06-26 (executed) / recorded 2017-06-28 — Reel 042992/0524

  • Conveyance: Assignment
  • Assignor: DM STATION FAMILY LIMITED PARTNERSHIP, ASSIGNEE OF STATON FAMILY INVESTMENTS, LTD.
  • Assignee: STATON TECHIYA, LLC
  • Correspondent: LAW OFFICE OF CHRISTINE Q. WEBB, LLC, 4617 NW 92ND TERRACE, GAINESVILLE, FL 32606. (This correspondent recurs in this chain).
  • Context: Transfer of ownership from DM Staton Family Limited Partnership to Staton Techiya, LLC.

• 2017-08-01 (executed) / recorded 2017-08-01 — Reel 043135/0507

  • Conveyance: Corrective Assignment
  • Assignor: DM STATON FAMILY LIMITED PARTNERSHIP, ASSIGNEE OF STATON FAMILY INVESTMENTS, LTD.
  • Assignee: STATON TECHIYA, LLC
  • Correspondent: LAW OFFICE OF CHRISTINE Q. WEBB, LLC, 4617 NW 92ND TERRACE, GAINESVILLE, FL 32606. (This correspondent recurs in this chain).
  • Context: Corrective assignment to correct assignor's name from reel 042992/0524.

• 2017-08-01 (executed) / recorded 2017-08-01 — Reel 043135/0493

  • Conveyance: Corrective Assignment
  • Assignor: PERSONICS HOLDINGS, INC.; PERSONICS HOLDINGS, LLC
  • Assignee: DM STATON FAMILY LIMITED PARTNERSHIP, ASSIGNEE OF STATON FAMILY INVESTMENTS, LTD.
  • Correspondent: LAW OFFICE OF CHRISTINE Q. WEBB, LLC, 4617 NW 92ND TERRACE, GAINESVILLE, FL 32606. (This correspondent recurs in this chain).
  • Context: Corrective assignment to correct assignee's name from reel 042992/0493.

• 2024-06-21 (executed) / recorded 2024-06-24 — Reel 063615/0936

  • Conveyance: Assignment
  • Assignor: STATON TECHIYA, LLC
  • Assignee: ST PORTFOLIO HOLDINGS, LLC
  • Correspondent: CHEN PATENTS, LLC, 100 TRADE CENTRE DRIVE, SUITE 200, CHILLICOTHE, OH 45601. (This correspondent does not recur in this chain).
  • Context: Transfer of ownership from Staton Techiya, LLC to ST Portfolio Holdings, LLC.

• 2024-06-21 (executed) / recorded 2024-06-24 — Reel 063615/0937

  • Conveyance: Assignment
  • Assignor: ST PORTFOLIO HOLDINGS, LLC
  • Assignee: CASES2TECH, LLC
  • Correspondent: CHEN PATENTS, LLC, 100 TRADE CENTRE DRIVE, SUITE 200, CHILLICOTHE, OH 45601. (This correspondent recurs in this chain).
  • Context: Transfer of ownership from ST Portfolio Holdings, LLC to Cases2tech, LLC.

Timeline diagram

timeline
    title Ownership of US 8315400
    2008 : Filed by Personics Holdings Inc
         : Assigned by inventors to Personics
    2011 : Corrective assignment
    2012 : Issued
    2013 : Security agreement with Staton Family
    2014 : Assigned to Personics Holdings LLC
         : Security interest to DM Staton Fam
         : Second security interest to DM Staton
    2017 : Assigned to DM Staton Family LP
         : Assigned to Staton Techiya LLC
         : Corrective assignment
         : Second corrective assignment
    2024 : Assigned to ST Portfolio Holdings LLC
         : Assigned to Cases2tech LLC

NPE / troll-pattern signals

1. Shell-entity transfer — Present.

   • 2014-02-08 / 2014-02-13 — Reel 031649/0989: Personics Holdings, Inc. to Personics Holdings, LLC. This is a change from an "Inc." to an "LLC," which can be a precursor to a shell entity, though not conclusive on its own.
   • 2017-06-26 / 2017-06-28 — Reel 042992/0524: DM Station Family Limited Partnership to Staton Techiya, LLC. Staton Techiya, LLC is an entity known to be involved in patent assertion. Their stated goal includes "patent-protect the ideas and license or tech transfer the technology". Staton Techiya's address is associated with the Staton family, who are investors. DM Staton Family Limited Partnership is a Wyoming vehicle with the Statons as general partners.
   • 2024-06-21 / 2024-06-24 — Reel 063615/0936: Staton Techiya, LLC to ST PORTFOLIO HOLDINGS, LLC. The name "ST PORTFOLIO HOLDINGS, LLC" strongly suggests a holding company, often a shell entity.
   • 2024-06-21 / 2024-06-24 — Reel 063615/0937: ST PORTFOLIO HOLDINGS, LLC to CASES2TECH, LLC. "CASES2TECH, LLC" also suggests a patent assertion or licensing entity, which is a common naming convention for shell entities.

2. Known asserter in the chain — Present.

   • 2017-06-26 / 2017-06-28 — Reel 042992/0524: Staton Techiya, LLC is a known patent asserter. RPX, which tracks NPEs, has reported on Staton Techiya.
   • 2024-06-21 / 2024-06-24 — Reel 063615/0937: Cases2tech LLC is the current assignee according to Google Patents and is involved in litigation.

3. Repeat correspondent across the chain — Present.

   • BARRY C. STAHL, ESQ., AKERMAN SENTERFITT, 777 S FLAGLER DRIVE, SUITE 1100 WEST, WEST PALM BEACH, FL 33401 appears on:
     • 2013-04-19 / 2013-04-23 — Reel 029909/0147
     • 2014-11-05 / 2014-11-06 — Reel 033095/0361
     • 2014-11-05 / 2014-11-06 — Reel 033095/0375
   • LAW OFFICE OF CHRISTINE Q. WEBB, LLC, 4617 NW 92ND TERRACE, GAINESVILLE, FL 32606 appears on:
     • 2017-06-26 / 2017-06-28 — Reel 042992/0493
     • 2017-06-26 / 2017-06-28 — Reel 042992/0524
     • 2017-08-01 / 2017-08-01 — Reel 043135/0507
     • 2017-08-01 / 2017-08-01 — Reel 043135/0493
   • CHEN PATENTS, LLC, 100 TRADE CENTRE DRIVE, SUITE 200, CHILLICOTHE, OH 45601 appears on:
     • 2024-06-21 / 2024-06-24 — Reel 063615/0936
     • 2024-06-21 / 2024-06-24 — Reel 063615/0937

4. Cascading transfers — Present.

   • There are multiple consecutive assignments and security agreements involving the Staton family entities:
     • 2013-04-19 / 2013-04-23 to Staton Family Investments, Ltd.
     • 2014-11-05 / 2014-11-06 (two entries) to DM Staton Family Limited Partnership.
     • 2017-06-26 / 2017-06-28 (two entries) transferring from Personics entities to DM Staton Family Limited Partnership and then immediately to Staton Techiya, LLC. These two assignments happened on the same execution and recording dates, indicating a rapid transfer.
     • 2024-06-21 / 2024-06-24 (two entries) transferring from Staton Techiya, LLC to ST Portfolio Holdings, LLC and then immediately to Cases2tech, LLC. Again, these happened on the same execution and recording dates.

5. Pre-litigation transfer — Unclear for this specific patent.

   • While Staton Techiya and Cases2tech LLC are known asserters and have engaged in litigation for other patents, the provided information does not explicitly state the date of the first infringement suit specifically naming US8315400. However, the transfers to Cases2tech LLC in 2024 are relatively recent, and the entity is noted as being involved in litigation, so it's a strong possibility.

6. Bankruptcy fire-sale — Not present.

   • There is no indication in the provided information that Personics Holdings Inc. or any subsequent assignee filed for bankruptcy.

7. Privateering — Unclear.

   • While Staton Techiya acquired the patent from Personics, which did develop products, there's no explicit evidence in the provided text that Personics Holdings Inc. is directly funding or directing Staton Techiya's assertion efforts against its competitors. Staton Capital advertises its investment in Techiya, describing Techiya as having "developed hands-free, error-free communication through its patented micro-balloon SmartBud earpiece technology" and owning "150 granted and pending patents which support its technology and will deliver a revolutionary communication interface" with a goal to "patent-protect the ideas and license or tech transfer the technology". This suggests a licensing and assertion model.

8. Defensive aggregator (anti-NPE) — Not present.

   • The chain ends with Cases2tech, LLC, which appears to be a patent assertion entity, not a defensive aggregator.

Verdict

NPE — high confidence

The assignment chain for US8315400 displays multiple strong signals of NPE activity. The patent transferred through a series of entities associated with the Staton family, including DM Staton Family Limited Partnership and Staton Techiya, LLC, which is a known patent asserter. The final transfer in 2024-06-21 (Reel 063615/0937) to Cases2tech, LLC, another entity involved in patent litigation, further solidifies this assessment. The presence of repeat correspondents across multiple transfers within the Staton-related entities, and the rapid, consecutive transfers (cascading transfers) to and between these entities, are characteristic patterns of patent assertion efforts.

To verify, you can search for US8315400 on the USPTO Assignment Center: https://assignmentcenter.uspto.gov/

US Patent 8315400, titled "Method and device for acoustic management control of multiple microphones," was granted on November 20, 2012, from an application filed on June 9, 2008. The patent describes an earpiece and method for mixing audio signals from an Ambient Sound Microphone (ASM) and an Ear Canal Microphone (ECM) based on background noise levels and voice activity. This process aims to enhance speech intelligibility and can provide features like loopback listening and integration with communication systems.

To identify the most relevant prior art, we will examine the "Cited By" and "Citations" sections of US8315400, focusing on patents that were active or published before its priority date of May 4, 2007.

Most Relevant Prior Art for US Patent 8315400

Based on the citations provided in the patent document, here is an analysis of potentially anticipating prior art:

1. US5796819A: Echo canceller for non-linear circuits

• Full Citation: US5796819A
• Publication/Filing Date: Priority date: 1996-07-24, Publication date: 1998-08-18
• Brief Description: This patent describes an echo canceller system for non-linear circuits. While not directly about microphone mixing based on background noise, it addresses echo cancellation which is a function mentioned in US8315400 as being performed by an Acoustic Echo Cancellation (AEC) system (610) that suppresses echo of spoken voice when the mixed signal is reproduced.
• Potentially Anticipates Claim(s): This patent potentially anticipates aspects of claims related to echo suppression, such as the functionality described for the "echo suppressor operatively coupled to the processor" in the third embodiment of the summary, and the acoustic echo cancellation platform (610) mentioned in the detailed description. Specific claims in US8315400 do not explicitly cover the echo suppressor as a claim element, but the functional description of the earpiece does include it.

2. US20040202340A1: System and method for transmitting audio via a serial data port in a hearing instrument

• Full Citation: US20040202340A1
• Publication/Filing Date: Priority date: 2003-04-10, Publication date: 2004-10-14
• Brief Description: This publication describes a system and method for transmitting audio in a hearing instrument. It is broadly related to hearing devices and audio processing, which are core to US8315400. The specific details of how it processes ambient and internal sounds or mixes them based on background noise levels would need closer examination to determine direct anticipation.
• Potentially Anticipates Claim(s): This could potentially anticipate general aspects of an earpiece for acoustic management or methods for capturing and processing audio signals within a hearing instrument, as broadly described in claims 1 and 14, particularly regarding the concept of an earpiece with microphones for audio capture.

3. US20090034748A1: Ambient noise-reduction control system

• Full Citation: US20090034748A1
• Publication/Filing Date: Priority date: 2006-04-01, Publication date: 2009-02-05
• Brief Description: This patent application describes an ambient noise-reduction control system. The publication date (2009-02-05) is after the priority date of US8315400 (2007-05-04). However, if its priority date is earlier than May 4, 2007, it could be relevant. Assuming its priority date is April 1, 2006, it deals with noise reduction, a primary goal of US8315400.
• Potentially Anticipates Claim(s): This could potentially anticipate claims related to determining a background noise level and adjusting signals based on it, as laid out in claim 1 and 14, especially considering the focus on noise reduction.

4. US8027481B2: Personal hearing control system and method

• Full Citation: US8027481B2
• Publication/Filing Date: Priority date: 2006-11-06, Publication date: 2011-09-27
• Brief Description: This patent describes a personal hearing control system and method. Its priority date (2006-11-06) is before the priority date of US8315400 (2007-05-04). This system aims to control hearing, which aligns with the acoustic management control of US8315400. It would be necessary to examine if it teaches the specific microphone configurations (ASM and ECM), background noise detection, and ratio-dependent mixing for filtering as claimed in US8315400.
• Potentially Anticipates Claim(s): This could potentially anticipate the broad concept of an earpiece with acoustic management and control, as generally described in claims 1 and 14. More specifically, if it includes mechanisms for measuring background noise and adjusting audio pathways, it could anticipate aspects of adjusting amplitude or filtering based on background noise, as in claim 1 and 14.

Disclaimer: This analysis is based solely on the provided patent text and the general descriptions of the cited prior art. A complete anticipation analysis would require a detailed comparison of each element of the claims of US8315400 against the full disclosures of the cited prior art documents under 35 U.S.C. § 102.

Under 35 U.S.C. § 103, a patent claim is obvious if "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."

The priority date of US8315400 is May 4, 2007.

Obviousness Analysis of US8315400

The claims of US8315400 generally describe an earpiece or method for acoustic management control using at least one Ambient Sound Microphone (ASM) and at least one Ear Canal Microphone (ECM). A processor determines a background noise level (BNL) and adjusts the amplitude of frequencies of both the internal and ambient sound signals based on this BNL, thereby filtering the internal sound signal relative to the ambient sound signal.

A strong combination of prior art references that would render the independent claims (Claims 1, 14, and 18) obvious is US5692059A (Kruger) in combination with US6738482B1 (Jaber Associates).

Combination 1: US5692059A (Kruger) and US6738482B1 (Jaber Associates)

Prior Art References:

• US5692059A (Kruger), titled "Two active element in-the-ear microphone system" (Priority Date: 1995-02-24): This patent describes an in-the-ear microphone system that utilizes two active elements. It teaches measuring external ambient noise and sound generated internally within the ear canal. Kruger further discloses processing these signals using "frequency selective filtering" and "adaptive filtering" to "reduce the noise component" and "optimize the desired speech signal" for transmission or reproduction within the user's ear.
• US6738482B1 (Jaber Associates), titled "Noise suppression system with dual microphone echo cancellation" (Priority Date: 1999-09-27): This patent describes a noise suppression system that employs dual microphones. It teaches using an acoustic input transducer (e.g., a primary microphone capturing speech) and a reference acoustic transducer (e.g., a secondary microphone capturing noise). The output from the reference microphone serves as a "noise reference signal" to perform "noise suppression" on the "desired speech signal" from the input microphone.

Motivation to Combine:

A person having ordinary skill in the art (PHOSITA) in 2007 would have been motivated to combine the teachings of Kruger and Jaber Associates. Kruger's patent describes a fundamental in-ear dual-microphone system capable of measuring both ambient and internal sounds and broadly suggests adaptive and frequency-selective filtering for noise reduction to optimize speech. However, Kruger does not provide specific details on how to dynamically manage the mixing and filtering of these signals in response to varying background noise levels.

Jaber Associates, on the other hand, provides a specific mechanism for noise suppression using dual microphones, where a signal from one microphone acts as a "noise reference" to process the "desired speech signal" from another microphone. The background section of US8315400 explicitly highlights a "need for acoustic management control of multiple microphones" in earpieces to enhance listening experiences, especially in noisy conditions.

A PHOSITA, seeking to improve the speech intelligibility and noise reduction capabilities of Kruger's in-ear dual-microphone system, would naturally look to known noise suppression techniques. Jaber Associates offers a direct solution by demonstrating how a noise reference signal can be effectively used to suppress noise in a desired speech signal from a different microphone. This would directly apply to Kruger's system, where the ASM could provide the ambient noise signal, and the ECM could provide the internal speech signal.

The combination would lead to dynamically managing the ASM and ECM signals based on the detected background noise levels.

Obviousness of Independent Claims:

1. Claim 1 (Earpiece):

   • at least one Ambient Sound Microphone (ASM) configured to convert an ambient sound to an ambient sound signal; - Taught by Kruger (US5692059A) which describes a "two active element in-the-ear microphone system" measuring "external ambient noise."
   • at least one Ear Canal Microphone (ECM) configured to convert an internal sound from an ear canal of a user to an internal sound signal and where the internal sound signal includes an internal voice of the user; - Taught by Kruger (US5692059A) which describes an "in-the-ear microphone system" measuring "sound generated internally."
   • a processor operatively coupled to the at least one ASM and the at least one ECM and which receives the ambient sound signal and the internal sound signal, - Implicit in any system performing signal processing. Kruger mentions "further processing the signals". Jaber (US6738482B1) teaches acoustic input and reference transducers generating signals for processing.
   • and where the processer is configured to: determine a background noise level from at least one of the ambient sound signal or the internal sound signal, - Taught by Kruger (US5692059A) by "measuring external ambient noise." Jaber (US6738482B1) uses a "noise reference signal" (which by definition implies determining a noise level).
   • and to adjust an amplitude of one or more frequencies of the internal sound signal and the ambient sound signal based on the background noise level, to filter the internal sound signal relative to the ambient sound signal. - Kruger (US5692059A) teaches "frequency selective filtering" and "adaptive filtering" to "reduce the noise component" and "optimize the desired speech signal." Jaber (US6738482B1) teaches using a "noise reference signal" to perform "noise suppression" on a "desired speech signal," which inherently involves adjusting amplitude (gain) and/or filtering frequencies of the speech signal based on the characteristics of the noise signal, effectively filtering one signal relative to the other. A PHOSITA combining these would apply Kruger's adaptive and frequency-selective filtering to the dual microphone signals, dynamically driven by the measured background noise level (from Kruger's ambient measurement or Jaber's noise reference), to achieve optimized filtering of the internal speech signal relative to the ambient noise.

2. Claim 14 (Method for acoustic management control): This claim describes a method that mirrors the structure and functionality of Claim 1. The same combination of Kruger (US5692059A) and Jaber Associates (US6738482B1) would render Claim 14 obvious for the reasons stated above. The method steps of capturing, determining BNL, and adjusting amplitudes/filtering are direct implementations of the functionalities taught by these prior art references.

3. Claim 18 (Earpiece with sealing section and ECR):

   • a sealing section in an ear canal of a user; - Taught by Kruger (US5692059A) which describes an "in-the-ear microphone system" implying an insertion into the ear canal, and US8315400 itself notes that such an assembly typically forms an acoustic seal. Forming an acoustic seal with an in-ear device was well-known in the art.
   • at least one Ambient Sound Microphone (ASM) configured to convert an ambient sound to an ambient sound signal and where the ambient sound signal includes an external voice signal of the user; - Covered by Kruger (US5692059A) as measuring "external ambient noise."
   • at least one Ear Canal Microphone (ECM) configured to convert an internal sound from the ear canal of the user to an internal sound signal and where the internal sound signal includes an internal voice signal of the user; - Covered by Kruger (US5692059A) as measuring "sound generated internally."
   • a processor operatively coupled to the at least one ASM and the at least one ECM and which receives the ambient sound signal and the internal sound signal, where the processor is configured to: determine a background noise signal from at least one of the ambient sound signal or the internal sound signal, and to adjust an amplitude of one or more frequencies of the internal sound signal and the ambient sound signal based on the background noise signal, to filter the internal sound signal relative to the ambient sound signal; - This core processing is rendered obvious by the combination of Kruger (US5692059A) and Jaber Associates (US6738482B1), as detailed for Claim 1.
   • and at least one Ear Canal Receiver (ECR) operatively coupled to the processor for receiving an output signal and configured to deliver audio content to the ear canal of the user. - Taught by Kruger (US5692059A) which mentions "reproduction within the user's ear."

Obviousness of Dependent Claims:

• Claims 2, 3, 4, 15, 16, 19: These claims relate to the use of an ECR, mixing the signals, and the mixing ratio being dependent on the BNL. Kruger (US5692059A) mentions "reproduction within the user's ear" and "optimizing the desired speech signal for further transmission and/or reproduction." The combination with Jaber (US6738482B1), which details noise suppression through processing signals relative to a noise reference, inherently leads to mixing in a ratio dependent on the BNL to produce a clearer output for the ECR or transmission. The specific gain adjustments described in Claim 5 and 16 would be obvious design choices for a PHOSITA optimizing such a system based on known acoustic principles (e.g., favoring ECM for speech in high noise due to bone conduction, ASM for ambient awareness in low noise).
• Claims 6, 7, 8, 17, 20: These claims specify that filter characteristics are selected based on the BNL's level, spectral profile, or envelope fluctuation. Kruger (US5692059A) explicitly mentions "frequency selective filtering" and "adaptive filtering" for noise reduction. These characteristics (level, spectral profile, envelope fluctuation) are standard parameters used in signal processing and noise analysis to adapt filters. US6118878A (Noise Cancellation Technologies) describes a "variable gain active noise canceling system with improved residual noise sensing," demonstrating the art's awareness of adapting processing based on noise characteristics. Adapting filters based on these common noise characteristics would be a routine engineering choice for a PHOSITA.
• Claims 9, 10, 11, 12, 13: These claims specify various types of filters (analog, time domain transversal, IIR-type, frequency-domain multiplication, adaptive). Kruger (US5692059A) mentions both "frequency selective filtering" and "adaptive filtering." Jaber (US6738482B1) uses "filter coefficients." These are all well-known and interchangeable implementations of filters in the field of audio signal processing. The choice of filter type would be a matter of design and implementation expertise for a PHOSITA, rather than an inventive step.

Therefore, the combination of US5692059A (Kruger) and US6738482B1 (Jaber Associates), motivated by the recognized need for improved acoustic management and noise reduction in multi-microphone earpieces, would render the claims of US8315400 obvious to a person having ordinary skill in the art.