Complaint - Robins Kaplan LLP
Transcription
Complaint - Robins Kaplan LLP
Case 7:14-cv-07275-CS Document1 Filed 09/09/14 Page boil GINAL UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 14 CV 7275 IGUITAR, INC., Plaintiff; ECF Case -againstFENDER MUSICAL INSTRUMENTS CORPORATION, COMPLAINT AND DEMAND FOR JURY TRIAL Defendant Plaintiff iGuitar, Inc. ("Plaintiff" or "iGuitar"), by and through its attorneys, Kheyfits & Maloney LLP, as and for its complaint against defendant Fender Musical Instruments Corporation ("Defendant" or "FMIC"), alleges as follows: . NATURE OF THE ACTION . --i _ This is an action pursuant to the patent laws of the United State-35 ... ID pzir: -t-) -4C U.S.C. §§ 1, et seq., for infringement by Defendant of one or more claims of U.S. Patera -No:if. ..--) 7-. I-0 .. c: 7,241,948 and 7,563,977 ("the Patents-in-Suit"). L.D 1. 2. Patrick Cummings is the current President and CEO of plaintiff iGuitar. After serving as a division head at Gibson Guitar Corporation, Mr. Cummings formed his own guitar business in or around 1992. Since then, Mr. Cummings has been a leading innovator in guitar technology. On March 3, 2005, Mr. Cummings submitted an application for a patent covering the invention claimed in the Patents-in-Suit. The invention relates to stringed musical instruments that function as a peripheral for a computer or computing device. 3. At the time he submitted his application for a patent, Mr. Cummings' vision was years ahead of its time. Approximately seven years later, however, the market for guitars and other stringed musical instruments began to catch up to Mr. Cummings' vision. 1 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 2 of 31 Interest in guitars and other stringed musical instruments that incorporated iGuitar's patented technology began to grow rapidly. 4. Now, a growing number of guitars and other stringed musical instruments sold in the United States incorporate licensed technology from iGuitar. These musical instruments include guitars manufactured under brand names such as Martin, Breedlove, Ibanez, Godin, and Lanakai, all of which incorporate components manufactured by Fishman Technologies, Inc. Armadillo Distribution Enterprises, Inc. produces guitars under the Dean and Luna brand names and under license from iGuitar. 5. Defendant is one of the largest manufacturers of guitars and stringed musical instruments. Defendant is fully aware of the growing market demand for guitars that incorporate the technology claimed in the Patents-in-Suit. Indeed, in or around 2012, Defendant launched a line of products marketed as the "Squier iOS Strat" or similar names (the "Squier USB Strat"). These products infringe on the Patents-in-Suit. Defendant has never obtained a license under the Patents-in-Suit for the manufacture, sale and offering for sale of the Squier USB Stmt. 6. After Defendant's launch of the Squier USB Strat, Mr. Cummings, on behalf of iGuitar, engaged Defendant's CEO in discussions concerning a license to the Patentsin-Suit. Defendant's CEO acknowledged the prospect of a license to the Patents-in-Suit. 7. Nonetheless, Defendant unilaterally disengaged from such discussions. Defendant then proceeded to launch two additional product lines that also infringe the Patents-inSuit. 2 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 3 of 31 PARTIES 8. Plaintiff iGuitar is a corporation duly formed and existing under the laws of the State of Delaware. iGuitar's principal place of business is located at 290 Main Street, Cold Spring, New York. 9. Upon information and belief, Defendant FMIC is a corporation formed and existing under the laws of the State of Delaware, with its principal place of business located at 17600 North Perimeter Drive, Suite 100, Scottsdale, Arizona 85255. JURISDICTION AND VENUE 10. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 11. This Court has personal jurisdiction over Defendant pursuant to N.Y. and 1338(a). C.P.L.R. §§ 301 and 302(a)(1)-(3). Upon information and belief, this Court has general jurisdiction over the Defendant based on its continuous and systematic conduct within New York, including, inter alia, Defendant's continuous contacts with New York such as offering for sale, selling and shipping stringed musical instruments to customers, distributors, wholesalers and retailers in New York, Defendant's presence at trade shows and/or other events in New York, and Defendant's travel to New York in connection with the marketing, sale and other business activities concerning stringed musical instruments. 12. Upon information and belief, this Court also has specific jurisdiction over Defendant based on, inter alia, the Defendant's acts of patent infringement alleged in this Complaint within the state of New York and elsewhere, causing injury within the state. Defendant's acts of patent infringement relevant to personal jurisdiction include but are not limited to Defendant's sale, offering for sale and/or selling in New York of guitars that infringe 3 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 4 of 31 the Patents-in-Suit, Defendant's completion of sales to customers, distributors, wholesalers and/or retailers in New York of infringing guitars and the shipment of infringing guitars to customers, distributors, wholesalers, retailers and/or other entities in New York. 13. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c) and 1400(b) because, inter alia, the Plaintiffs principal place of business is located in this judicial district, the Patents-in-Suit are assigned to the Plaintiff, Defendant committed acts of infringement within this judicial district and there existed personal jurisdiction over Defendant in this judicial district at the time this action was commenced. PATENTS-IN-SUIT 14. On July 10, 2007, the United States Patent and Trademark Office duly and lawfully issued U.S. Patent No. 7,241,948 (the "'948 Patent"), entitled "Stringed Musical Instrument Device," based upon an application filed by the inventor, Patrick G. Cummings. A true and correct copy of the '948 Patent is attached hereto as Exhibit A. 15. On July 21, 2009, the United States Patent and Trademark Office duly and lawfully issued U.S. Patent No. 7,563,977 (the "'977 Patent"), entitled "Stringed Musical Instrument Device," based upon an application filed by the inventor, Patrick G. Cummings. A true and correct copy of the '977 Patent is attached hereto as Exhibit B. 16. The Patents-in-Suit generally relate to stringed musical instruments that function as a peripheral for a computer or computing device. 17. iGuitar is the owner of the Patents-in-Suit and has the right to sue and recover damages for infringement thereof. 4 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 5 of 31 DEFENDANT KNEW OF THE PATENTS-IN-SUIT BUT INFRINGED ANYWAY 18. The National Association of Musical Merchants ("NAMM") organizes trade shows for the music products industry. 19. Upon information and belief, NAMM trade shows provide a forum where attendees can learn about innovations, products and technology related to music products, including guitars and stringed instruments. 20. iGuitar exhibited at NAMM trade shows held in or around January, 2005; July, 2005; January, 2006 and July, 2006 (collectively, the "NAMM Trade Shows"). 21. At each of the aforementioned NAMM Trade Shows, iGuitar exhibited guitars and/or stringed musical instruments made in accordance with one or more of the claims of the Patents-in-Suit or an application therefor. 22. At each of the aforementioned NAMM Trade Shows, iGuitar gave notice to attendees that the exhibited guitars and/or stringed musical instruments were covered by one or more claims of the Patents-in-Suit or an application therefor. 23. Upon information and belief, Defendant attended one or more of the NAMM Trade Shows. 24. Upon information and belief, by its attendance at one or more of the NAMM Trade Shows, Defendant received notice of the Patents-in-Suit or an application therefor and/or Defendant's infringement thereof. 25. Upon information and belief, certain publications are widely read by manufacturers of musical products, including guitar manufacturers such as Defendant. For example, The Music Trades is a monthly publication focused on the music industry. Upon 5 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 6 of 31 information and belief, The Music Trades is widely read by manufacturers of guitars and stringed instruments including the Defendant. 26. Starting in approximately July, 2005, various publications including The Music Trades printed articles or other items describing the invention set forth in one or more of the Patents-in-Suit or an application therefor. For example, the July, 2005 issue of The Music Trades included a description of the invention set forth in one or more of the Patents-in-Suit or an application therefor. 27. Upon information and belief, by its reading of one or more of the publications describing the invention set forth in one or more of the Patents-in-Suit or an application therefore, including the descriptions contained in issues of The Music Trades, Defendant received notice of the Patents-in-Suit and/or Defendant's infringement thereof. 28. Regardless of Defendant's prior notice of the Patents-in-Suit, on or about November, 2012, Defendant publicly launched its Squier iOS Strat product line (the "Squier USB Star') without license from iGuitar. 29. Beginning or about December, 2012, iGuitar engaged Defendant in discussions concerning the Squier USB Strat and the Patents-in-Suit. More specifically, on December 13, 2012, Mr. Cummings, on behalf of iGuitar, spoke by telephone with Larry Thomas, then CEO of Defendant. 30. During the telephone discussion, Mr. Cummings stated that the Squier USB Strat infringed on iGuitar's patents. Mr. Thomas inquired as to whether iGuitar wanted to enter into a license. Mr. Cummings invited Defendant to engage in further discussions to explore the terms of a potential transaction between iGuitar and Defendant. Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 7 of 31 31. Following the telephone call, Mr. Cummings sent an email to Mr. Thomas identifying the Patents-in-Suit and inviting Defendant to continue discussions concerning a transaction between the parties concerning the Patents-in-Suit. 32. Discussions between iGuitar and Fender continued into 2013. In an email dated April 8, 2013, Mr. Cummings asked Mr. Thomas to have Mark Van Fleet, Defendant's general counsel, contact counsel for iGuitar. By reply email, Mr. Thomas stated "Thanks, Patrick, will do.. Larry". 33. On April 22, 2013, Mr. Cummings again asked Mr. Thomas to have Mr. Van Fleet contact counsel for iGuitar to continue discussions. iGuitar received no further communications from Defendant. 34. On or about January 23, 2014, Defendant publicly launched its Deluxe Stratocaster® HSS Plus Top with iOS Connectivity (the "1155 USB Strat") and Deluxe Stratocaster with Fishman 71) TriplePlay (the "TP USB Strat") product lines. None of the 1155 USB Strat or TP USB Strat products are licensed. Upon information and belief each of the HS S USB Strat and TP USB Strat products infringe the Patents-in-Suit. 35. Upon information and belief, Defendant willfully infringed the Patents-in- Suit by launching the Infringing Products without a license. Not only did Defendant learn of the Patents-in-Suit and its infringement thereof by way of its discussions with Mr. Cummings and the other facts alleged above, Defendant knew of the Patents-in-Suit in connection with certain of its other products, sold under the brand names "Stratacoustic," "Telecoustic" and "T-Bucket," that incorporate licensed components from Fishman Transducers, Inc. 7 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 8 of 31 FACTUAL ALLEGATIONS 36. As referred to in this Complaint, and consistent with 35 U.S.C. § 100(c), the "United States" means "the United States of America, its territories and possessions." 37. Upon information and belief, Defendant makes, uses, offers for sale and/or sells guitars and/or stringed instruments made in accordance with one or more claims of the Patents-in-Suit, including but not limited to claim 16 of the '948 Patent and/or claim 16 of the '977 Patent. 38. Upon information and belief the stringed musical instruments made, used, offered for sale and/or sold by Defendant and that infringe the Patents-in-Suit, include but are not limited to the Squier USB Strat, the HSS USB Strat and the TP USB Strat (collectively, the "Infringing Products"). Upon information and belief, Defendant makes, uses, offers to sell and/or sells the Infringing Products in the United States and/or imports those products into the United States. 39. Upon information and belief, Defendant actively and knowingly induces, directs, causes, and encourages others to make, use, sell, and/or offer to sell in the United States, and/or import into the United States stringed musical instruments that infringe the Patents-in-Suit by, inter alia, selling and/or supplying to resellers, wholesalers, retailers and/or customers stringed musical instruments made in accordance with one or more claims of the Patents-in-Suit, including but not limited to claim 16 and of the '948 Patent and/or claim 16 of the '977 Patent. COUNT 40. INFRINGEMENT OF THE PATENTS-IN-SUIT BY DEFENDANT Plaintiff incorporates, restates and realkges as if fully set forth herein each of the foregoing allegations in the preceding paragraphs. 8 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 9 of 31 41. Upon information and belief, Defendant has infringed one or more claims of the Patents-in-Suit pursuant to 35 U.S.C. § 271(a) by making, using, offering to sell, and/or selling in the United States, and/or importing into the United States guitars and/or stringed musical instruments made in accordance with one or more claims of the Patents-in-Suit. Upon information and belief, Defendant's infringement pursuant to 35 U.S.C. § 271(a) is ongoing. 42. Upon information and belief, Defendant has induced infringement of one or more claims of the Patents-in-Suit pursuant to 35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and encouraging resellers, wholesalers, retailers, and/or customers to make, use, oFer to sell, and/or sell in the United States, and/or import into the United States guitars and/or stringed musical instruments made in accordance with one or more of the claims of the Patents-in-Suit. Upon information and belief, Defendant's inducement of infringement pursuant to 35 U.S.C. § 271(b) is ongoing. 43. Upon information and belief, Defendant has committed the foregoing infringing activities without license from iGuitor. 44. Upon information and belief, Defendant has committed the foregoing infringing activities with notice of the Patents-in-Suit. 45. Upon information and belief, Defendant knew the Patents-in-Suit existed while committing the foregoing infringing acts, thereby willfully, wantonly and deliberately infringing the Patents-in-Suit. iGuitar's damages should be trebled pursuant to 35 U.S.C. § 284 because of Defendant's willful infringement of the Patents-in-Suit. 46. Upon information and belief, the acts of infringement by Defendant have been with the knowledge of the Patents-in-Suit and are willful, wanton and deliberate, thus 9 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 10 of 31 rendering this action "exceptional" within the meaning of 35 U.S.C. § 285 and entitling iGuitar to its reasonable attorney's fees and litigation expenses. 47. Upon information and belief, the acts of infringement by Defendant will continue unless enjoined by this Court. 48. iGuitar has been and will be irreparably harmed and damaged by the acts of infringement of the Patents-in-Suit by Defendant and has no adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, Plaintiff requests that a judgment be issued and entered against Defendant as follows: (a) Entry of judgment in favor of Plaintiff against the Defendant on all counts; (b) Entry of judgment declaring that Defendant has infringed the Patents-in-Suit; (c) Entry of judgment finding that Defendant's infringement of the Patents-in-Suit has been willful; (d) An order permanently enjoining Defendant together with its officers, directors, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise, from infringing the Patents-in-Suit; (e) Award of compensatory damages adequate to compensate Plaintiff for Defendant's infringement of the Patents-in-Suit, but in no event less than a reasonable royalty trebled as provided by 35 U.S.C. § 284; (1; Plaintiff's reasonable fees for expert witnesses and attorneys, as provided by 35 U.S.C. § 285; (g) Plaintiff's costs; (h) Pre-judgment and post-judgment interest on Plaintiff's award; and (i) All such other and further relief as the Court deems just or equitable. DEMAND FOR JURY TRIAL Pursuant to Rule 38 of the Fed. R. Civ. Proc., Plaintiff hereby demands trial by 10 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 11 of 31 jury in this action of all claims so triable. Dated: New York, New York Septemberq, 2014 KHEYFITS & MALONEY LLP By: Michael James Maloney Dmitriy Kheyfits 1140 Avenue of the Americas 9th Floor New York, New York 100036 Tel. (212) 203-5399 Fax. (212) 203-6445 Attorneys for Plaintiff iGuitar, Inc. 11 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 12 of 31 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 13 of 31 1111111111111111111111 hmLig11 1 111111111111 (12) United States Patent (10) Patent No.: US 7,241,948 B2 (45) Date of Patent: Jul. 10, 2007 Cummings (54) STRINGED MUSICAL INSTRUMENT DEVICE 2004/0187673 Al* 2005/0235813 Al* 2006/0101987 Al* (75) Inventor: Patrick G. Cummings, Putnam Valley, NY (US) 4 C ) Notice: (57) Mar. 3, 2005 Prior Publication Data US 2006/0196348 Al (51) Sep. 7,2006 lint. Cl. GIOH 3/18 (2006.01) Cl. 84/131; 84/723 (58) Field of Classification Search None See application file for complete search history. (52) U.S. References Cited (56) U.S. PATENT DOCUMENTS 6,191,350 B1 • 2/2001 Okulov at al. 2003/0159570 Al 812003 Toshitani 2004/0144241 Al 7/2004 Tuslciewiez at al, Paulding & ABSTRACT A stringed musical instrument device that functions as a peripheral for a computer or computing device, whereby electronic transducers placed inside and/or outside the instrument convert the vibrations of the strings and/or the instrument body from an analog electrical signals to digital signals. The digital signals are then transmitted via Class Compliant USB and/or FireWire-IEEE 1394 and/or IEEE 802.11 wireless and/or Bluetoothe wireless protocols to any computer or computing device that accepts data via those protocols. This device requires no external power, amplification, analog-to-digital conversion, software or hardware. This device is an improvement over the prior art in that it accurately and immediately represents on a computer or computing device the signals that are being sent from the instrument and reduces the number of devices needed to accomplish the task of sending digital signals to a computer or computing device. (21) Appl. No.: 11/072$45 (65) ' cited by examiner Huber LLP Subject to any disclaimer the term of this patent is extended or adjusted under 35 U.S.C. 154(1)) by 108 days. (22) Filed: 84/737 84/723 84/723 Primary Examiner—Marlon Fletcher (74) Attorney, Agent, or Firm—McCormick, (73) Assignee: 'Guitar, Inc., Poughkeepsie, NY (US) ( 9/2004 Stevenson 10/2005 Barry 5/2006 Ceti et al 841646 17 Claims, 3 Drawing Sheets r-200 210 236- 234-, 222-, [Fleshi-4-0- Carlin& 226 23,2_%__, Ando Frecestalg, usg LIV1APU) 11:11 214 UIt U3 EEProm j 216 10 nu:: iint Net EERnrn IF 1158 &Ore X1 120:0 NI* zTiPtazokrot 228 r2°5 •-.JZWGtin -206 HD 1F 212 U2 lonNolieFior1 Ercl 204 ‘imogkixt D-fr USB D_Twie13- (220 Auto Stoegildig-r dF Ang-a-rrntie Pavecri rarrrga* 1- 2 114111 12r. 238-, 209 2307-- ClaEsOurrOlert UE13&airc Cartxxra CenwrnCette Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 14 of 31 U.S. Patent JuL 10, 2007 Sheet 1 of 3 Us 7,241,948 B2 106 10 10 100 \i■ 114 102 FIG. 1 FIG. 2 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 15 of 31 U.S. Patent Jul. 10, 2007 Sheet 2 of 3 §I US 7,241,948 B2 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 16 of 31 US 7,241,948 B2 1 STRINGED MUSICAL INSTRUMENT DEVICE 2 FIELD OF THE INVENTION 5 This invention relates generally to musical instruments, and more particularly to stringed musical instruments that also serve as a peripheral to a computer or computing device. 10 BACKGROUND OF THE INVENTION Stringed musical instruments are commonly amplified by attaching an electronic transducer to the face or top of the instrument so that the transducer lies under the strings or 15 inside the body of such instrument. The electronic transducer picks up the vibrations of the strings and transfers the energy in the form of an analog electrical signal. The electrical signal -is then commonly output to a musical instrument amplifier which contains speakers and amplifiers 20 to increase the electronic signal. The amplifier, depending upon its own features, adds various tones and effects via a preamplifier. With the proliferation of personal computers and computing devices, musicians of all levels are frequently 25 employing software on their computers and computing devices for many purposes including multi-track recording, editing, mastering, adding effects, composing, remixing, film scoring, and creating notation for musical instrument education and publishing exploitation. Furthermore, with 30 the vast resources available on the Internet, musicians are able to use online music forums and online software to enhance, share and publish their musical performances. While traditional musical instruments are designed to be readily used in a recording or live venue or other concert 35 setting, these instruments are ill-equipped for usage with personal computers. Furthermore, traditional stringed instruments which transmit analog signals have disadvantages because the electric signal is subject to various degrees of output. degradation and distortion. 40 In order to overcome these obstacles, there have been prior art electrical guitars designed with hexaphonic pickups which send Musical Instrument Digital Information ("MIDI") signals ai a computer. These musical instruments allow musicians to connect their instrument to a computer 45 and for the computer to recognize the signals generated. However, MIDI signals are "command" signals, and the resulting sound rendered by the instrument is not always an accurate representation of the original sound generated by the musician's performance as translated to the stings of the 50 musical instrument. In addition, tracking, or the simultaneous response from the musician's performance in triggering a sound thmugh M 1 1)I. often results in a time lag or a lack of accurate tracking. Furthermore, many IvITDI guitars require an external 55 device which converts the electronic signal from the hexaphonic pickup into a MIDI signal. In these systems, the MDI signals generated by the external interface device are then sent from the ex:ernal interface device to the computer. These systems have disadvantages because they require a o relatively sophisticated external device which adds expense and which are frequently difficult to operate and cambersome for the musician to use. Such external devices add more connections to the system of performance. In order to send a more faithful representation of the 65 sound from the masical instrument's strings to the personal computer, prior an devices have been developed wherein an interface device converts the analog electrical signal to a digital signal. For example, Patent Application No. 20031 0159570 (the "570 Application") discloses a digital interface for analog musical instruments that can be detachably mounted on the instrument wherein proper placement is crucial for accurate performance or undetachably integrated in the musical instrument body. The interface apparatus involved in the 570 Application converts the analog signal generated by the musical instrument into a digital signal. The interface apparatus then has connections to be able to connect into a personal computer allowing for the transmission of such digital data directly to the personal computer. While these prior art devices can enable a musical instrument player to send an accurate representation of the initial electrical signal from the instrument pickup device to a personal computer, the disadvantage of these prior art devices is that it is difficult for the computer to recognize the information sent from the musical instrument in order to be able to process such information effectively. The musician requires specific drivers to be installed to allow the computer to recognize the information that is being sent from the musical instrument. P'urthermore, the majority of the most popular musical instrument software programs do not recognize these prior art instruments without first naming specific programs or "patches" for the prior art instruments. The installation of software can be time consuming and complicated. Driver software often does not record the signal properly. Moreover, many patches or programs to allow these musical instruments to be properly recognized by a personal computer or a specific software application have not been created_ Therefore, a disadvantage to the prior art devices is that a musical instrument player is often limited in the availability of software programs to use in connection with a prior art device. Another disadvantage of the prior art devices is that it is often expensive to purchase additional software allowing the computer to recognize the guitar signals. Additionally, the installation of these programs can be complicated. Further. even upon successful installation, the user can still experience compatibility problems which can lead to errors within the computer and the software applications. In addition, Patent Application No. 2004/0144241 (the "241 Application") relies almost entirely on an outboard device that will split the signal from the guitar. This outboard device, often called a "breakout box," only makes more complex the number of wiring connections necessary, while adding cost and the possibility of signal quality toss and/or output volume loss. Accordingly, it is an object of the present invention to provide a stringed musical instrument device that overcomes the above-mentioned drawbacks and disadvantages. SUMMARY OF THE INVENTION The present invention is embodied in a musical instrument device which is designed to overcome the prior issues and thus be accurately connected to a computer or computing device and to be instantly and accurately recognized by the computer or computing device. The musical instrument contains electronic transducers situated under the strings and/or inside the body. The electronic transducers pick up the vibrations from the instrument strings and/or the vibrations from the instrument body in order to produce an analog electrical signal that is accurately representative of such vibrations. The device has an apparatus integrated wholly inside the insturaent containing an analog-to-digital converter. This apparatus also contains output protocols that are Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 17 of 31 US 7,241,948 B2 3 4 designed to send the digital information to a computer, FIG. 4 is a side view of a class compliant 1.5513 output port computing device or other external device. These "digital mounted on a guitar in accordance with the present invenout" protocols are configured for protocols widely used in tion. connection with communications between a peripheral and a computer or computing device. These protocols include 5 DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS Universal Serial Bus, FireWire-IEEE 1394, MIDI, 13pin, IEEE 802.11 wireless, and Bluetootle wireless. With reference to FIG. 1., an electric guitar embodying In a first aspect of the present invention, a stringed the present invention is indicated generally by the reference musical instrument device functioning as a peripheral for a computer or computing device comprises a body having a m number 10. Although the present invention will be described with respect to a guitar, it should be understood that the soundboard and a neck extending from the body. At least one present invention is applicable to other stringed instruments siring extends over a portion of the body and the neck. A including, but not limited to, violins, violas, basses and piezo bridge is mounted on the body for providing a lower mandolins. contact point with the string. At least one electronic transducer is coupled to the body for converting vibrations of the 15 The electric guitar 10 comprises a body 12 connected to a neck 14. The neck 14 is preferably made of wood or a string and/or the body into analog electrical signals. At least related material which is suitable to withstand continual one analog-to-digital converter communicates with the elecstring pull without warping or twisting. The neck 14 has a tronic transducer for converting the analog electrical signals headstock 16 which supports tuning machines 18. The into digital signals. A digital signal processing system communicates with the analog-to-digital converter for convert- 20 tuning machines 18 hold strings 20. The strings 20 are strong at tension and extend from a fixed point at the neck 14 to a ing the digital signals into line level signals such as, for lower string contact The neck 14 is mated with a frelboard example, universal serial bus (USB) signals having a format 22 which is preferably made of a hard substance such as directly compatibv with protocols associated with input rosewood, ebony, or a reinforced polymer that should be ports of a computer or computing device. In a second aspect of the present invention, an electric 25 strong enough and stable enough to hold metal frets and withstand playing wear. The body 12 is preferably made of guitar comprises a body having a soundboard and a neck a known tonewctod, such as spruce, cedar, airier, mahogany, extending from the body. At least one string extends over a koa, basswood, or other acoustically resonant materials such portion of the body and the neck. A piezo bridge is mounted as wot id laminates, organic composite plastic and/or metals on the body for providing a lower contact point with the string. At least one piezo pickup is associated with the piezo 30 or any combination of the same. The guitar 10 further comprises a bridge assembly 24, bridge for converting vibrations of the string and/or the body including an electronic transducer 26 that transfers the into analog electrical signals. At least one magnetic pickup vibration of the strings 20 to a bridge or piezo bridge 28, is coupled to the body for converting vibrations of the string attached to the body 12 and made from metal, plastic or a and/or the body into analog electrical signals. At least one analog-to-digital converter communicates with the piezo 35 hardwood such as ebony, rosewood, or a suitably hard acoustically sound material. The bridge or pier.° bridge 28 pickup and the magnetic pickup for converting the analog provides a contact point to fixably secure the strings 20. electrical signals into digital signals. A digital signal processing system communicates with the analog-to-digital The body 12 includes a plurality of magnetic pickups 30 converter for converting the digital signals into line level at a base of the neck 14, and in the middle of the body 12, signals such as, for example, USB signals having a format an all of which generate analog electrical signals from vibration of the strings 20 and/or the body 12. The analog electrical directly compatible with protocols associated with input signals are transferred to an internal digital signal processing ports of a computer or computing device. system such as, for example, the system to be explained In a third aspect of the present invention, an acoustic below with reference to 110. 3. The digital signal processing guitar comprises a body having a soundboard and a neck extending from the body. At least one string extends over a 45 system has an output to transfer a digital signal to an output port located on the guitar 10 such as a Universal Serial Bus portion of the body and the neck. A pinto bridge is mounted (USB) output port anchor a FireWire output port and/or a on the body for providing a lower contact point with the 13-pin output port and/or a IEEE 802.11 wireless transmitter string. At least one piezo pickup is associated with the piezo and/or a Blue-tooth& wireless transmitter. Moreover, the bridge for converting vibrations of the string and/or the body into analog electrical signals. At least one analog-to-digital so guitar 10 also includes a conventional stereo 1/4" phono jack output port. Preferably, the at least one output port is converter communicates with the piezo pickup for convertmounted inside the body 12 or the neck 14 and includes ing analog electrical signals into digital signals. A digital signal processing system communicates with the analog-toexternal access. As shown in FIG. 4, for example, a guitar 300 embodying the present invention has a body 302 and a digital converter for converting the digital signals into line level signals such as, for example, USB signals having a 55 class compliant USB output port 304 mounted inside the format directly compatible with protocols associated with body 302 and including external access. input ports of a computer or computing device. With reference to FIG. 2., an acoustic guitar embodying the present invention is indicated generally by the reference BRIEF DESCRIPTION OF THE. DRAWINGS number 100. The guitar 100 comprises a generally hollow so body 102 preferably made of a resonant material. The body FIG. 1 is a top plan view of an electric guitar embodying 102 is connected to a neck 104. The neck 104 is preferably the present inventon. made of wood or a related material which is suitable to FIG. 2 is a top plan view of an acoustic guitar embodying withstand continual string pull without warping or twisting. the present invent,on. The neck 104 has a headstock 106 which supports tuning FIG. 3 is a schematic block diagram of an electronic ss machines 108. The tuning machines 108 hold strings 110. processing section of a guitar in accordance with the present The strings 110 are strung at tension and extend from a fixed invention. point at the neck 104 to a lower string contact. The neck 104 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 18 of 31 US 7,241,948 B2 5 is mated with a fretboard 112 which is preferably made of a hard substance such as rosewood, ash, maple, ebony, a reinforced polymer, or other organic or synthetic material that should be strong enough and stable enough to hold metal frets and withstand playing wear. The guitar 110 further comprises a soundboard 114 preferably made of a known tonearood, such as spruce, cedar, alder, mahogany, koa, basswood, or other acoustically resonant materials such as wood laminates, =bon fiber, organic composites, plastics and/or metals or any combination of the same. The top, sides and back of the soundboard 114 from a resonant chamber. The soundboard 114 defines a sound hole 116, which can be round, oval, or aesthetically shaped_ A bridge 118 is attached to the soundboard 114 and serves as a contact point to tixably secure the strings 110. The bridge 118 is preferably made from a hardwood such as ebony or rosewood, hard plastic, or a suitably hard acoustically sound material. A piezo pickup 120 is inserted into the bridge 118 and generates analog electrical signals from vibration of the strings 110 and/or the body 102. The analog electrical signals are transferred to a digital signal processing system 200 as will be explained with reference to FIG. 3. The digital signal processing systeul has an output to transfer a digital signal to an output port located on the guitar 100 such as a Universal Serial Bus (USB) output port and/or a FireWire output port and/or a 13-pin output port and/or a lEt iii 802.11 wireless transmitter and/or a Bluetooth wireless transmitter. Moreover, the guitar 110 also includes a conventional stereo 1/4" phono jack output port. Preferably, the at least one output port is mounted inside the body 102 or the neck 104 and includes external access. As shown in FIG. 3, an example of a digital signal processing system for processing stereo signals generated by the strings of guitars, such as the guitars illustrated in FIGS. 1 and 2, is indicated generally by the reference number 200. The system 200 has a first stereo channel inducting magnetic gain amplifier 202 having a magnetic input 204 for receiving analog electrical signals generated from magnetic pickups, and an output 205 for carrying amplified analog signals for further processing. The system 200 has a second stereo channel including a piezo gain amplifier 206 includes an input 208 for receiving analog electrical signals generated from a piezo pickup, and an output 209 for carrying amplified analog signals for further processing. The above-mentioned analog electrical signals are further processed via a digital signal processor indicated generally by the reference number 210. The processor 210 includes an oscillator and phase-locked loop (PLL) 212 for receiving a clocked signal, a first analog-to-digital converter 214, a second analog-to-digital converter 216, an audio processing unit 218, an audio streaming interface 220, a flash memory 222, a controller 224, a USB engine 226, a programmable human interface 228 reserved for future growth, a programmable control 230 reserved for future growth, a USB transceiver 232, an EEPROM interface 234. an EEPROM 236 and a USB output connector 238. Examples of digital signal processors include, but are not limited to, the Micronas LTAC 3556 Universal Serial Bus Codec, the A.KM AK5371 Two Channel A/D Converter with USB Interface, the ARM AK 4571 USB Interface Audio Oadec, and the Analog Devices ADSP-2184 DSP Microcontroller. The first analog-to-digital converter 214 has an input coupled to the output 209 of the piezo gain amplifier 206, and the second analog-to-digital converter 216 has an input coupled to the output 205 of the magnetic gain amplifier 202. An output of the first analog-to-digital converter 214 is coupled to a first input of the audio processing unit 218. 6 Likewise, an output of the second analog-to-digital converter 216 is coupled to a second input of the audio processing unit 218. The audio processing unit 218 is bidirectionally coupled to the audio streaming interface 220. 5 Moreover, the audio streaming interface 220 is bidirectionally coupled to the controller 224. The controller 224 is itself bidirectionally coupled to the flash memory 222, the programmable human interface 228, the programmable control 230, the USB engine 226, and the EEPROM interface 234. In The USB Engine 226 has a first output coupled to the programmable human interface 228, a second output coupled to the programmable control 230, and is also bidirectionally coupled to the USB transceiver 232. The EEPROM interface 234 is bidirectionally coupled to the is EEPROM 236. The USB transceiver 232 is bidirectionally coupled to the IJSB output connector 238. In operation, audio electrical analog electrical signals originating from playing a guitar or other stringed instrument are generated from piezo pickups and/or magnetic 20 pickups. The audio analog electrical signals are amplified by the magnetic gain amplifier 202 and the piezo gain amplifier 206. The amplified analog signals are converted into digital signals by the first and the second analog-to-digital converters 214, 216. The digital signals are received and processed 25 by the audio processing unit 218 in conjunction with the audio streaming interface 220. The digital signal processing system 200 is configured to process sampling rates such as, but not limited to, at least 48 kHz for 16 bit digital information and at least 96 kHz for 24 bit digital information. The 30 controller 224, receiving instructions from the programmable human interface 228 and the programmable control 230, receives streaming digital signals from the audio streaming interface 220 and directs the digital signals to the USE engine 226. The USB engine 226 converts the received 15 signals into USE digital signals for serial transmission under USE protocols. The USE signals are sent from the USE engine 226 to the USE transceiver 232 for transmission via a USE output connector 238 to another device such as a computer or other computing device (not shown) in class 40 compliant USE signal format, and includes streaming audio and MIDI data for recording or other digital processing or manipulation via conventional music digital signal processing software such as, for example, GarageBandTm by Apple Computer, Inc. 45 In sum, the present invention requires no external power, amplification, analog-to-digital conversion, software or hardware. The present invention is an improvement over the prior art in that it accurately and immediately represents on a computer or computing device the signal that is being sent 50 from an instrument and reduces the number of devices needed to accomplish the task of sending a digital signal to a computer or computing device. As will be recognized by those of ordinary skill in the pertinent art, numerous modifications and substitutions can 55 be made to the above-described embodiment of the present invention without departing from the scope of the invention. Accordingly, the preceding portion of this specification is to be taken in an illustrative, as opposed to a limiting sense. a What is claimed is: 1. A stringed musical instrument device that also functions as a peripheral for a computer or comparing device, comprising: a body having a soundboard; 65 a neck extending from the body; at least one string extending over a portion of the body and the neck; Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 19 of 31 US 7,241,948 B2 7 a piezo bridge mounted on the body for providing a lower contact point with the siting; at least one electronic transducer coupled to the body and configured for converting at least one of vibrations of the at least one string and the body into analog electrical signals; at least one analog-to-digital converter communicating with the at least one electronic transducer and configured for converting the analog electrical signals into digital signals; a digital signal processing system communicating with the at least one analog-to-digital converter and configured for converting the digital signals into line level signals having a USB signal format for coupling, via a USB connector, to USB input ports of a computer or computing device, the digital signal processing system including an engine configured for converting audio signals into class compliant USB signal format including streaming audio and MIDI data; and wherein said at feast one analog-to-digital converter and digital signal processing system are configured to be powered by said computer or computing device via said USB connector 2. A stringed musical instrument device as defined in claim 1. further comprising an output port communicating with the digital signal processing system. 3. A stringed musical instrument device as defined in claim 1, wherein the at least one electronic transducer includes at least one piezo pickup. 4. A stringed musical instrument device as defined in claim 1, wherein the at least one elecironic transducer includes at least one magnetic pickup. 5. A stringed musical instrument device as defined in claim 1 wherein the at least one electronic transducer includes at least one piezo pickup and at least one magnetic pickup. 6. A stringed musical instrument device as defined in claim 1, wherein the digital signal processing system includes an engine configured for converting digital signals into a FireWire signal format. 7. A stringed musical instrument device as defined in claim 1, wherein the digital signal processing system includes an engine configured for converting digital signals into a 13-pin signal forrnat. 8. A stringed musical instrument device as defined in claim 1, wherein the digital signal processing system includes an engine configured for converting digital signals into an IEEE 802.11 wireless signal format. 9. A stringed musical instrument device as defined in claim 1. wherein the digital signal processing system includes an engine configured for converting digital signals into a Bluetooth® wireless signal format. 10. A stringed musical instrument device as defined in claim 1, wherein at least one of the body and the neck defines at least one output port communicating, with the digital signal processing system and configured for enabling the line level signals to be conveyed to a computer or computing device. 11. A stringed musical instrument device as defined in claim 10, wherein the at least one output port includes a stereo 1/4" phono jack output port and a class compliant USB output port. 12. A stringed musical instrument device as defined in claim 1, wherein the digital signal processing system is configured to process at a sampling rate of at least 48 kHz for 16 bit digital information. 8 13. A stringed musical instrument device as defined in claim 1, wherein the digital signal processing system is configured to process at a sampling rate of at least 96 Idlz for 24 bit digital information. 5 14. An electric guitar comprising; a body having a soundboard; a neck extending from the body; at least one string extending over a portion of the body and the neck; In a piezo bridge mounted on the body for providing a lower contact point with the string; at least one piezo pickup associated with the piezo bridge and configured for converting at least one of vibrations of the at least one string and the body into analog 15 electrical signals; at least one magnetic pickup coupled to the body and configured for converting at least one of vibrations of the at least one string and the body into analog electrical signals; 20 at least one analog-to-digital converter communicating with the at least one piezo pickup and the at least one magnetic pickup, and configured for converting the analog electrical signals into digital signals; and a digital signal processing system communicating with 25 the at least one analog-to-digital converter and configured for converting the digital signals into line level signals having a class compliant USB signal format including streaming audio and MDI data for coupling, via a USB connector, to an input port of a computer or 30 computing device. 15. An acoustic guitar comprising: a body having a soundboard; a neck extending from the body; 35 at least one string extending over a portion of the body and the neck; a piezo bridge mounted on the body for providing a lower contact point with the string; at least one piezo pickup associated with the piezo bridge 4n and configured for converting at !east one of vibrations of the at least one string and the body into analog electrical signals; at least one analog-to-digital converter communicating with the at least one piezo pickup and configured for 45 converting the analog electrical signals into digital signals; and a digital signal processing system communicating with the at least one analog-to-digital converter and configured for converting the digital signals into line level 50 signals having a class compliant USI3 signal format including streaming audio and MIDI data for coupling, via a USB connector, to an input port of a computer or computing device. 16. A stringed musical instrument device that also func55 tions as a peripheral for a computer or computing device, comprising: a body having a sounelboard; a neck extending from the body; so at least one string extending over a portion of the body and the neck; a bridge mounted on the body for providing a lower contact point with the string; at least one electronic transducer coupled to the body and ss configured for converting at least one of vibrations of the at least one string and the body into analog electric signals; Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 20 of 31 US 7,241,948 B2 9 at least one analog-to-digital converter communicating with the at least one electronic transducer and configured for converting the analog electric signals into digital signals; and a digital signal pmcessing system communicating with 5 the at least one analog-to-digital converter and configured for converting the digital signals into line level signals having a class compliant USB signal format including streaming audio and MIDI data for coupling, via a HSI'S connector, loan input port of a computer or 10 computing device. 17. A stringed musical instrument device that also functions as a peripheral for a computer or computing device, comprising: 13 a body having a soundboard; a neck extending from the body; at least one string extending over a portion of the body and the neck a bridge mounted on the body for providing a lower contact point with the string; 10 at least one electronic transducer coupled to the body and configured for converting at least one of vibrations of the at least one string and the body into analog electric signals; at least one analog-to-digital converter communicating with the at least one electronic transducer and configured for converting the analog electric signals into digital signals; and a digital signal processing system communicating with the at least one analog-to-digital converter and configured for converting the digital signals into line level signals having a class compliant wireless USB signal format including streaming audio and MIDI data for communicating with an input port of a computer or computing device. Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 21 of 31 ▪▪ Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 22 of 31 11111111111111 1111111111111111 hO 1111111 11111 US007563977B2 (12) United States Patent Cummings (54) STRINGED MUSICAL INSTRUMENT DEVICE 2006/0107826 Al " 5/2006 2006/0196343 Al* 9/2006 2006/0196348 Al* 9/2006 2007/0227344 AI* 10/2007 (75) Inventor: Patrick G. Cummings, Putnam Valley, NY (US) (73) Assignee: iGuitar, Inc., Cold Spring, NY (US) ( * ) Notice: US 7,563,977 B2 *Jul. 21, 2009 (10) Patent No.: (45) Date of Patent: Knapp et al. Yung Cummings Ryle et al. 841724 84/470R 84/731 84/723 2007/0256551 Al * 11/2007 Knapp et al. 84/722 Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(6) by 85 days. * cited by examiner This patent is subject to a terminal disclaimer. Primary Examiner--Marlon T Fletcher (74) Attorney Agent, or Pin's—McCormick. Paulding a Huber LLP (21) Appl. No.: 11/774,756 (57) (22) Filed: (65) Prior Publication Data US 2008/0047416 Al A stringed musical instrument device that functions as a peripheral fora computer or computing device, whereby electronic transducers placed inside and/or outside the instrument convert the vibrations of the strings and/or the instrument body from an analog electrical signals to digital signals. The digital signals are then transmitted via Class Compliant USIA and/or FireWire-IEEE 1394 and/or IEEE 802.11 wireless and/or Bluetooth® wireless protocols to any computer or computing device that accepts data via those protocols. 'Ibis device requires no external power, amplification. analog-todigital conversion, software or hardware. This device is an improvement over the prior art in that it accurately and immediately represents on a computer or computing device the signals that are being sent from the instrument and rechwes the number of devices needed to accomplish the task of sending digital signals to a computer or computing device. Feb. 28,2008 Related U.S. Applkation Data (63) Continuaticn of application No. 11/072,545, filed on Mar. 3.2005, now Pat. No. 7,241,948. (51) Int. Cl. GIOH IAM (2006.01) 841735; 84/723; 84/726; 84/730; 84/731; 84/743 (58) Field of Classification Search None See application file for complete search history. (52) (56) ABSTRACT Jul. 9, 2007 U.S. Cl. References Cited U.S. PATENT DOCUMENTS 6,995,311 82* 2/2006 Stevenson 17 Claims, 3 Drawing Sheets 84/737 210,6 lfrl 222,, 234-, 224., EERrrn IF {Flash.F12-: Ccatrolle 216 10 ABC_L Ike ADC 214 Meaning -4— X1 212 112 20471211:t1 tzwl■kkeFentEnd ....ttsg r-2°5 /402 2TiFenahp.a 209 r 'ffrLri" AtTli n7F'" 2213-' 2:30 U3 EEProrn Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 23 of 31 U.S. Patent Jul. 21, 2009 US 7,563,977 B2 Sheet 1 of 3 : ad6 a 'our : d•:.• • ■ •• MI •,1■.1ka•=11•1. EIIIM ■111.1 ariwaa saa a amip S •,• •141..iln• ■••••Mlai5 I 1 aaa a Elia"! 01 • • •:. it•• ■•••• : ma alaa ■••••• ala.•••• • , •1•• • ••4-1 irl•nallMadallia ■I•= 6 : • /•.11,1:Mi WM. NW MININIV E a 0 ••••• ■••• • • • • .■• m • Im• • m• • • • •••• • • 141•111.M.ii II • .. 1••••••• ■ ,••111••=-•1 llllllllllllll [11 ..1.16115+mill I I • ••.•,■-••.•; .•••••• ■••11 • • • • Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 24 of 31 U.S. Patent Jul. 21, 2009 Sheet 2 of 3 US 7,563,977 B2 Cr) CO C‘i Cs.1\ CO C■I 0 1 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 25 of 31 U.S. Patent 302 Jul. 10, 2007 Sheet 3 of 3 US 7,241,948 B2 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 26 of 31 U.S. Patent 302 Jul. 21, 2009 Sheet 3 of 3 US 7,563,977 B2 Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 27 of 31 US 7,563,977 B2 1 2 STRINGED MUSICAL INSTRUMENT DEVICE In order to send a more faithful representation ofthe sound from the musical instrument's strings to the personal computer, prior art devices have been developed wherein an interface device converts the analog electrical signal to a digital signal. For example, Patent Application No. 2003/0159570 (the "570 Application") discloses a digital interface for analog musical instruments that can be detachably mounted on the instrument wherein proper placement is crucial for accurate performance or undetachably integrated in the musical instrument body. The interface apparatus involved in the 570 Application converts the analog signal generated by the musical instrument into a digital signal. The interlace apparatus then has connections to be able to connect into a personal computer allowing for the transmission of such digital data directly to the personal computer. While these prior art devices can enable a musical instrument player to send an accurate representation of the initial electrical signal from the instrument pickup device to a personal computer, the disadvantage of these prior art devices is that it is difficult for the computer to recognize the information sent from the musical instrument in order to be able to process such information effectively. The musician requires specific drivers to be installed to allow the computer to recognize the information that is being sent from the musical instrument. Furthermore, the majority of the most popular musical instrument software programs do not recognize these prior art instruments without first running specific programs or "patches" for the prior ad instruments. The installation of software can be time consuming and complicated_ Driver software often does not record the signal properly. Moreover, many patches or programs to allow these musical instruments to be properly recognized by a personal computer or a specific software application have not been created. Therefore, a disadvantage to the prior art devices is that a musical instrument player is often limited in the availability of software programs to use in connection with a prior art device. Another disadvantage of the prior art devices is that it is often expensive to purchase additional software allowing the computer to recognize the guitar signals. Additionally, the installation of these programs can be complicated. Further, even upon successful installation, the user can still experience compatibility problems which can lead to errors within the computer and the software applications. In addition, Patent Application No. 2004/0144241 (the "241 Application") relies almost entirely on an outboard device that will split the signal from the guitar. This outboard device, often called a "breakout box," only makes more complex the number of wiring connections necessary, while adding cost and the possibility of signal quality loss and (or output volume loss. Accordingly, it is an object of the present invention to provide a stringed musical instrument device that overcomes the above-mentioned drawbacks and disadvantages. This is a continuation application of application Ser. No. 11/072,545, filed on Mar. 3, 2005, now U.S. Pat. No. 7,241, 948 the disclosure of which is hereby incorporated by reference in its entirety FIELD OF THE INVENTION This invention relates generally to musical instruments, and more particularly to stringed musical instruments that also serve as a peripheral to a computer or computing device. 10 BACKGROUND OF THE INVENTION 15 Stringed musical instruments arc commonly amplified by attaching an electronic transducer to the face or top of the instrument so that the transducer lies under the strings or inside the body of such instrument. The electronic transducer picks up the vibrations of the strings and transfers the energy 20 in the form of an analog electrical signal. The electrical signal is then commonly output to a musical instrument amplifier which contains speakers and amplifiers to increase the electronic signal. The amplifier, depending upon its own features, 25 adds various tones and effects via a preamplifier. With the proliferation of personal computers and computing devices, musicians of all levels are frequently employing software on their computers and computing devices for many purposes including multi-track recording, editing, mastering, 30 adding effects, composing, remixing, film scoring, and creating notation for musical instrument education and publishing exploitation. Furthermore, with the vast resources available on the Internet, musicians are able to use online music forums and online software to enhance, share and publish 35 their musical performances. While traditional musical instruments are designed to be readily used in a recording or live venue or other concert setting, these instruments are ill-equipped for usage with personal computers. Furthermore, traditional stringed instru- 40 ments which transmit analog signals have disadvantages because the electric signal is subject to various degrees of output, degradation and distortion. In order to overcome these obstacles, there have been prior art electrical guitars designed with hexaphonic pickups which 45 send Musical Instrument Digital Information ("MIDI") signals to a computer. These musical instruments allow musicians to connect their instrument to a computer and for the computer to recognize the signals generated. However, MIDI signals are "command" signals, and the resulting sound run- 50 dered by the instrument is not always an accurate representation of the original sound generated by the musician's performance as translated to the strings of the musical instrument. In addition, tracking, or the simultaneous response from the musician's performance in triggering a 55 sound through MED1, often results in a time lag or a lack of accurate tracking. Furthermore, many IVEIDI guitars require an external device which converts the electronic signal from the hexaphonic pickup into a MIDI signal. In these systems, the MIDI so signals generated by the external interface device are then sent from the exteraal interface device to the computer. These systems have disadvantages because they require a relatively sophisticated external device which adds expense and which are frequently difficult to operate and cumbersome for the sa musician to use. Such external devices add more connections to the system of performance_ SUMMARY OF THE INVENTION The present invention is embodied in a musical instrument device which is designed to overcome the prior issues and thus be accurately connected to a computer or computing device and to be instantly and accurately recognized by the computer or computing device. The musical instrument contains electronic transducers situated under the strings and/or inside the body. The electronic transducers pick up the vibrations from the instrument strings and/or the vibrations from the instrument body in order to produce an analog electrical signal that is accurately representative of such vibrations. The Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 28 of 31 US 7,563,977 B2 3 4 device has an apparatus integrated wholly inside the instmFIG. 3 is a schematic block diagram of an electronic promeat containing an analog-to-digital converter. This apparacessing section of a guitar in accordance with the present tus also contains output protocols that are designed to send the invention. digital information to a computer, computing device or other FIG. 4 is a side view of a class compliant USE output port external device. These "digital out" protocols are configured s mounted on a guitar in accordance with the present invention. for protocols widely used in connection with communicaDETAILED DESCRIPTION OF THE PREFERRED tions between a peripheral and a computer or computing EMBODIMENTS device. These protocols include Universal Serial Bus, FireWire-IEEE 1394, MIDI, 13pin, IEEE 802.11 wireless, and Eluetoothee wireless. With reference to FIG. 1., an electric guitar embodying the 10 present invention is indicated generally by the reference =DaIn a first aspect of the present invention, a stringed musical her 10. Although the present invention will be described with instrument device functioning as a peripheral for a computer respect to a guitar, it should be understood that the present or computing device comprises a body having a soundboard invention is applicable to other stringed instruments includand a neck extending from the body. At least one string extends over a portion of the body and the neck. A piezo is ing, but not limited to, violins, violas, basses and mandolins. The electric guitar 10 comprises a body 12 connected to a bridge is mounted on the body for providing a lower contact neck 14. The neck 14 is preferably made of wood or a related point with the string. At least one electronic transducer is material which is suitable to withstand continual string pull coupled to the body for converting vibrations of the string without warping or twisting. The neck 14 has a headstock 16 and/or the body into analog electrical signals. At least one analog-to-digital converter communicates with the electronic 20 which supports tuning machines 18. The tuning machines 18 hold strings 20. The strings 20 arc strung at tension and extend transducer for converting the analog electrical signals into from a fixed point at the neck 14 ton lower string contact The digital signals. A digital signal processing system communineck 14 is mated with a fretboard 22 which is preferably made cates with the analog-to-digital converter for converting the of a hard substance such as rosewood, ebony, or a reinforced digital signals into line level signals such as, for example, universal serial bus (USE) signals having a format directly 25 polymer that should be strong enough and stable enough to hold metal frets and withstand playing wear. The body 12 is compatible with protocols associated with input ports of a preferably made of a known tonewood, such as spruce, cedar, computer or computing device. alder, mahogany, koa, basswood, or other acoustically resoIn a second aspect of the present invention, an electric nant materials such as wood laminates, organic composite guitar comprises a body having a soundboard and a neck extending from the body. At least one string extends over a so plastic and/or metals or any combination of the same. The guitar 10 further comprises a bridge assembly TA, portion of the body and the neck. A piezri bridge is mounted including an electronic transducer 26 that transfers the vibraon the body for providing a lower contact point with the tion of the strings 20 to a bridge or piezo bridge 28, attached string. At least one piezo pickup is associated with the piezo to the body 12 and made from metal, plastic or a hardwood bridge for converting vibrations of the string and/or the body into analog electrical signals. At least one magnetic pickup is 35 such as ebony, rosewood, or a suitably hard acoustically sound material. The bridge or pinto bridge 28 provides a coupled to the body for convening vibrations of the string contact point to fixably secure the strings 20. and/or the body into analog electrical signals. At least one The body 12 includes a plurality of magnetic pickups 30 at analog-to-digital converter communicates with the piezo a base of the neck 14, and in the middle of the body 12, all of pickup and the magnetic pickup for converting the analog electrical signals into digital signals. A digital signal process- 40 which generate analog electrical signals from vibration of the strings 20 and/or the body 12. The analog electrical signals ing system communicates with the analog-to-digital converter for coriverting the digital signals into line level signals are transferred to an internal digital signal processing system such as, for example, the system to be explained below with such as, for example, USE signals having a format directly reference to FIG. 3. The digital signal processing system has compatible with protocols associated with input ports of a computer or computing device. 45 an output to transfer a digital signal to an output port located on the guitar 10 such as a Universal Serial Bus (USE) output Inn third aspect of the present invention, an acoustic guitar port and/or a FireWire output port and/or a 13-pin output port comprises a body having a soundboard and a neck extending and/or a IEEE 802.11 wireless transmitter and/or a Bluefrom the body. At least one string extends over a portion ofthe tooth* wireless transmitter. Moreover, the guitar 10 also body and the neck. A piezo bridge is mounted on the body for providing a lower contact point with the string. At least one so includes a conventional stereo 'A" phono jack output port. Preferably, the at least one output port is mounted inside the piezo pickup is associated with the piezo bridge for convertbody 12 or the neck 14 and includes external access. As ing vibrations of the string and/or the body into analog elecshown in FIG. 4, for example, a guitar 300 embodying the trical signals. At least one analog-to-digital converter compresent invention has a body 302 and a class compliant USB normicates with the piens pickup for converting the analog electrical signals into digital signals. A digital signal process- 55 output port 304 mounted inside the body 302 and including external access. ing system communicates with the analog-to-digital converter for converting the digital signals into line level signals With reference to FIG. 2, an acoustic guitar embodying the such as, for example, USE signals having a format directly present invention is indicated generally by the reference numcompatible with protocols associated with input ports of a ber 100. The guitar 100 comprises a generally hollow body computer or computing device. 60 102 preferably made of a resonant material. The body 102 is connected to a neck 104. The neck 104 is preferably made of BRIEF DESCRIPTION OF THE DRAWINGS wood or a related material which is suitable to withstand continual string pull without warping or twisting. The neck FIG.1 is a top plan view ofan electric guitar embodying the 104 has a headstock 106 which supports tuning machines present invention. 65 108. The toning machines 108 hold strings 110. The strings FIG. 2 is a top plan view of an acoustic guitar embodying 110 are strung at tension and extend from a fixed point at the the present invention. neck 104 to a lower string contact. The neck 104 is mated with Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 29 of 31 US 7,563,977 B2 5 6 a fietboard 112 which is preferably made of a hard substance Likewise, an output of the second analog-to-digital converter such as rosewcxxl, ash, maple, ebony a reiriforced polymer, or 216 is coupled to a second input of the audio processing unit other organic or synthetic material that should be strong 218. The audio processing unit 218 is bidirectionally coupled enough and stable enough to hold metal frets and withstand to the audio streaming interface 220. Moreover, the audio playing wear. The guitar 110 further comprises a soundboard 5 streaming interface 220 is bidirectionally coupled to the con114 preferably made of a known tonewood, such as spruce, troller 224. The controller 224 is itselfbidirectionally coupled cedar, alder, mahogany, koa, basswood, or other acoustically to the flash memory 222, the programmable human interface resonant materials such as wood laminates, carbon fiber, 228, the programmable control 230, the US!) engine 226, and organic composites, plastics and/or metals or any combinathe EEPROM interface 234. The USB Engine 226 has a first tion of the same. to output coupled to the programmable human interface 228, a The top, sides and back of the soundboard 114 form a second output coupled to the programmable control 230, and resonant chamber. The soundboard 114 defines a sound hole is also bidirectionally coupled to the US!) transceiver 232. 116. which can be round, oval, or aesthetically shaped. A The EEPROM interface 234 is bidirectionnlly coupled to the bridge 118 is attached to the soundboard 114 and serves as a EEPROM 236. The USB transceiver 232 is bidirectionally contact point to fixably secure the strings 110. The bridge 118 15 coupled to the US!) output connector 238. is preferably made from a hardwood such as ebony or roseIn operation, audio electrical analog electrical signals wood, hard plastic, or a suitably hard acoustically sound originating from playing a guitar or other stringed instrument material. A piezo pickup 120 is inserted into the bridge 118 are generated from piezo pickups and/or magnetic pickups. and generates analog electrical signals from vibration of the The audio analog electrical signals are amplified by the magstrings 110 and/or the body 102. The analog electrical signals a) netic gain amplifier 202 and the piezo gain amplifier 206. The are transferred to a digital signal processing system 200 as amplified analog signals are converted into digital signals by will be explained with reference to FIG. 3. The digital signal the first and the second analog-to-digital converters 214, 216. processing system has an output to transfer a digital signal to The digital signals are received and processed by the audio an output port located on the guitar 100 such as a Universal processing unit 218 in conjunction with the audio streaming Serial Bus (USB) output port and/or a FireWire output port 25 interface 220. The digital signal processing system 200 is and/or a 13-pin output port and/or a IEEE 802.11 wireless configured to process sampling rates such as, but not limited transmitter and/or a B1uetooth0 wireless transmitter. Moreto, at least 48 Id Iz for 16 bit digital information and at least 96 over, the guitar 110 also includes a conventional stereo 3/4" kHz for 24 bit digital information. The controller 224, receivphono jack output port. Preferably, the at least one output port ing instructions from the programmable human interface 228 is mounted inside the body 102 or the neck 104 and includes 30 and the programmable control 230, receives streaming digital external access. signals from the audio streaming interface 220 and directs the As shown in FIC-. 3, an example ofa digital signal processdigital signals to the US!) engine 226. The US!) engine 226 ing system for processing stereo signals generated by the converts the received signals into US!) digital signals for strings of guitars, such as the guitars illustrated in FIGS. land serial transmission under US!) protocols. The US!) signals 2, is indicated generally by the reference number 200. The 35 are sent from the US!) engine 22610 the US!) transceiver 232 system 200 has a first stereo channel including magnetic gain for transmission via a USB output connector 238 to another amplifier 202 having a magnetic input 204 for receiving anadevice such as a computer or other computing device (not log electrical signals generated from magnetic pickups, and shown) for recording or other digital processing or manipuan. output 205 for carrying amplified analog signals for further lation via conventional music digital signal processing softprocessing. The system 200 has a second stereo channel 40 ware such as, for example, (3arageBandTM by Apple Comincluding a piezo gain amplifier 206 includes an input 208 for puter, Inc. receiving analog electrical signals generated from a piezo In sum, the present invention requires no external power, pickup, and an outout 209 for carrying amplified analog sigamplification, analog-to-digital conversion, software or hardnals for further processing. ware. The present invention is an improvement over the prior The above-mentioned analog electrical signals are fluffier 45 art in that it accurately and immediately represents on a comprocessed vi a a digital signal processor indicated generally by puter or computing device the signal that is being sent from an the reference number 210. The processor 210 includes an instrument and reduces the number of devices needed to oscillator and phase-locked loop (PLL) 212 for receiving a accomplish the task of sending a digital signal to a computer clocked signal, a first analog-to-digital converter 214, a secor computing device. ond analog-to-digital converter 216, an audio processing unit 50 As will be recognized by those of ordinary skill in the 218. an audio streaming interface 220, a flash memory 222, a pertinent art, numerous modifications and substitutions can controller 224, a US!) engine 226, a programmable human be made to the above-described embodiment of the present interface 228 reserved for future growth, a programmable invention without departing from the scope of the invention. control 230 reser. cid for future growth, a US!) transceiver Accordingly, the preceding portion of this specification is to 232, an EEPROM interface 234, an EEPROM 236 and a USB 55 be taken in an illustrative, as opposed to a limiting sense. output connector 238. Examples of digital signal processors include, but are not limited to, the Micronas UAC 3556 UniWhat is claimed is: versal Serial Bus Coffee, the ARM AK5371 Two Channel 1. A stringed musical instrument device that also functions .A/D Converter with US!) Interface, the .AKM AK 4571 US!) as a peripheral for a computer or computing device, comprisInterface Audio Codec, and the Analog Devices ADSP-2184 ing: DSP Microcontrol ler a body having a soundboard; The first analog-to-digital converter 214 has an input a neck extending from the body; coupled to the output 209 of the piezo gain amplifier 206, and at least one string extending over a portion of the body and the second analog-to-digital converter 216 has an input the neck; coupled to the output 205 of the magnetic gain amplifier 202. 65 An output of the first analog-to-digital converter 214 is a piezo bridge mounted on the body for providing a lower coupled to a first input of the audio processing unit 218. contact point with the string; Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 30 of 31 US 7,563,977 B2 7 at least one electronic transducer coupled to the body and configured for convertingat least one of vibrations of the at least one siring and the body into analog electrical signals; at least one analog-to-digital converter communicating with the at least one electronic transducer and configured for corn el-ling the analog electrical signals into digital signals; a digital signal processing system communicating with the at least one analog-to-digital converter and configured for converting the digital signals into line level signals having a USB signal format for coupling, via a USB connector, to USB input ports of a computer or computing device, the digital signal processing system including an engine configured for converting audio signals into class compliant USB signal format including at least one of streaming audio and MIDI data; and wherein said at least one analog-to-digital converter and digital signal processing system are configured to be powered by said computer or computing device via said USB connector. 2.A stringed musical instrument device as defined in claim 1, further comprising an output port communicating with the digital signal processing system. 3. A stringed musical instrument device as defined in claim 1, wherein the at least one electronic transducer includes at least one pi e70 pickup. 4.A stringed musical instrument device as defined in claim 1, wherein the at least one electronic transducer includes at least one magnetic pickup. 5.A stringed musical instrument device as defined in claim 1 wherein the at least one electronic transducer includes at least one piezo pickup and at least one magnetic pickup. 6.A stringed musical instrument device as defined in claim 1, wherein the digital signal processing system includes an engine configured for converting digital signals into a FireWire signal format. 7.A stringed musical instrument device as defined in claim 1, wherein the digital signal processing system includes an engine configured 'or converting digital signals into a 13-pin signal format. 8.A sninged musical instrument device as defined in claim 1, wherein the cligttal signal processing system includes an engine configured for converting digital signals into an IEEE 802.11 wireless signal format. 9.A stringed musical instrument device as defined in claim 1, wherein the digital signal processing system includes an engine configured for converting digital signals into a Bluetooth® wireless signal format. 10. A stringed musical instrument device as defined in claim 1, wherein at least one of the body and the neck defines at least one output port communicating with the digital signal processing system and configured for enabling the line level signals to be conveyed to a computer or computing device. 11. A stringed musical instrument device as defined in claim 10, wherein the at least one output port includes a stereo 1/2" phone jack output port antis class compliant USI3 output Port. 12. A stringed musical instrument device as defined in claim 1, wherein the digital signal processing system is configured to process at a sampling rate of at least 48 kl-lz for 16 bit digital information. 13. A stringed musical instrument device as defined in claim I. wherein the digital signal processing system is configured to process at a sampling rate of at least 96 kHz for 24 bit digital information. 8 14.An electric guitar comprising: a body baying a soundboard; a neck extending from the body; at least one string extending over a portion of the body and the neck; 5 a pie.zo bridge mounted on the body for providing a lower contact point with the string; at least one piezo pickup associated with the piezo bridge and configured for converting at least one of vibrations of the at least one string and the body into analog eleco trical signals; at least one magnetic pickup coupled to the body and configured for converting at least one ofvibrations of the at least one siring and the body into analog electrical signals; 15 at least one analog-to-digital converter communicating with the at least one pie-zo pickup and the at least one magnetic pickup, and configured for converting the analog electrical signals into digital signals; and a digital signal processing system communicating with the 20 at least one analog-to-digital converter and configured for converting the digital signals into line level signals baying a class compliant USI3 signal format including at least one of streaming audio and MIDI data for coupling. via a USB connector, to an input port of a computer or 25 computing device. 15.An acoustic guitar comprising: a body baying a soundboard; a neck extending from the body; at least one string extending over a portion of the body and 30 the neck; a piezo bridge mounted on the body for providing a lower contact point with the string; at least one piezo pickup associated with the piezo bridge and configured for converting at least one of vibrations of the at least one string and the body into analog elec35 trical signals; at least one analog-to-digital converter communicating with the at least one piezo pickup and configured for converting the analog electrical signals into digital signets; and 4o a digital signal processing system communicating with the at least one analog-to-digital converter and configured for converting the digital signals into line level signals having a class compliant USB signal format including at least one of streaming audio and MIDI data for coupling, 45 via a USB connector, to an input port of a computer or computing device. 16. A stringed musical instrument device that also functions as a peripheral for a computer or computing device, comprising: 50 a body baying a soundboard; a neck extending from the body; at least one string extending over a portion of the body and the neck; a bridge mounted on the body for providing a lower contact 55 point with the string; at least one electronic transducer coupled to the body and configured for converting at least one ofvibrations ofthe at least one string and the body into analog electric signals; so at least one analog-to-digital converter communicating with the at least one electronic transducer and configured for converting the analog electric signals into digital signals; and a digital signal processing system communicating with the 65 at least one analog-to-digital converter and configured for converting the digital signals into line level signals having a class compliant USB signal format including at Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 31 of 31 US 7,563,977 B2 9 least one of streaming audio and MIDI data for coupling, via a USD connector, to an input port of a computer or computing device. 17. A stringed musical instrument device that also functions as a peripheral for a computer or computing device, comprising: a body having a soundboard; a neck extending from the body; at least one string extending over a portion of the body and the neck; abridge mounted on the body for providing a lower contact point with the string, at least one eleczonie transducer coupled to the body and configured for converting at least one of vibrations of the at least one string and the body into analog electric signals; 10 10 at least one analog-to-digital converter communicating with the at least one electronic transducer and configured for converting the analog electric signals into digital signals; and a digital signal processing system communicating with the at least one analog-to-digital converter and configured for converting the digital signals into line level signals having a class compliant wireless USB signal format including at least one of streaming audio and MIDI data for communicating with an input port of a computer or computing device.