Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 1 of 31 Page ID #:1
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`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`James R. Asperger (Bar No. 083188)
`jimasperger@quinnemanuel.com
`865 S. Figueroa St., 10th Floor
`Los Angeles, California 90017
`Telephone: (213) 443-3000
`Facsimile: (213) 443-3100
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`Kevin P.B. Johnson (Bar No. 177129)
`kevinjohnson@quinnemanuel.com
`555 Twin Dolphin Drive, 5th Floor
`Redwood Shores, California 94065
`Telephone: (650) 801-5000
`Facsimile: (650) 801-5100
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`Attorneys for Plaintiff the California
`Institute of Technology
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`The CALIFORNIA INSTITUTE OF
`TECHNOLOGY, a California
`corporation,
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`Plaintiff,
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`BROADCOM LIMITED,
`BROADCOM CORPORATION,
`AVAGO TECHNOLOGIES LIMITED,
`and APPLE INC.
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`vs.
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`Defendants.
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` CASE NO.
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`JURY TRIAL DEMANDED
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 2 of 31 Page ID #:2
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`Plaintiff the California Institute of Technology (“Caltech” or “Plaintiff”), by
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`and through its undersigned counsel, complains and alleges against Broadcom
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`Limited (“Broadcom Ltd.”), Broadcom Corporation (“Broadcom Corp.”), and
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`Avago Technologies Limited
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`(“Avago Technologies Ltd.”)
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`(collectively,
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`“Broadcom”) and Apple Inc. (“Apple”) (collectively “Defendants”) as follows:
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`NATURE OF THE ACTION
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`1.
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`This is a civil action for patent infringement arising under the patent
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`laws of the United States, 35 U.S.C. §§ 1 et seq.
`2.
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`Broadcom has infringed and continues to infringe, contributed to and
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`continues to contribute to the infringement of, and/or actively induced and continues
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`to induce others to infringe Caltech’s U.S. Patent No. 7,116,710, U.S. Patent No.
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`7,421,032, U.S. Patent No. 7,916,781, and U.S. Patent No. 8,284,833 (collectively,
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`“the Asserted Patents”). Apple has infringed and continues to infringe, contributed
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`to and continues to contribute to the infringement of, and/or actively induced and
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`continues to induce others to infringe the Asserted Patents. Broadcom and Apple
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`have jointly infringed and continue to jointly infringe, jointly contributed to and
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`continue to jointly contribute to the infringement of, and/or jointly actively induced
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`and jointly continue to induce others to infringe the Asserted Patents.
`3.
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`Caltech is the legal owner by assignment of the Asserted Patents, which
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`were duly and legally issued by the United States Patent and Trademark Office.
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`Caltech seeks injunctive relief and monetary damages.
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`4.
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`THE PARTIES
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`Caltech is a non-profit private university organized under the laws of
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`the State of California, with its principal place of business at 1200 East California
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`Boulevard, Pasadena, California 91125.
`5.
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`Caltech is a world-renowned science and engineering research and
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`education institution, where extraordinary faculty and students seek answers to
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`complex questions, discover new knowledge, lead innovation, and transform our
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`-2-
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 3 of 31 Page ID #:3
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`future. To date, 34 Caltech alumni and faculty have won a total of 35 Nobel Prizes.
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`Caltech’s 124-acre campus is located in Pasadena, California including 300
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`professorial faculty and 600 research scholars. The mission of Caltech is to expand
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`human knowledge and benefit society through research integrated with education.
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`Caltech investigates the most challenging, fundamental problems in science and
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`technology in a singularly collegial, interdisciplinary atmosphere, while educating
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`outstanding students to become creative members of society. Caltech’s investment
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`in research has led Caltech to have more patent invention disclosures per faculty
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`member than any other university in the nation and to be consistently ranked as one
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`of the top university patent portfolios in strength and number of patents issued.
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`On information and belief, Broadcom Ltd. is a corporation organized
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`under the laws of the country of Singapore with its principal places of business at
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`1320 Ridder Park Dr., San Jose, California 95131 and 1 Yishun Avenue 7,
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`Singapore 768923.
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`On information and belief, Broadcom Corp. is a California corporation
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`with a principal place of business at 5300 California Avenue, Irvine, California
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`92617. On information and belief, Broadcom Corp. is an indirect subsidiary of
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`Broadcom Ltd.
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`On information and belief, Avago Technologies Ltd. is a corporation
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`organized under the laws of the country of Singapore with its principal places of
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`business at 1320 Ridder Park Dr., San Jose, California 95131 and 1 Yishun Avenue
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`7, Singapore 768923. On information and belief, Avago Technologies Ltd. is an
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`indirect subsidiary of Broadcom Ltd.
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`On information and belief, Apple Inc. is a corporation organized under
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`the laws of the State of California, with its principal place of business at 1 Infinite
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`Loop, Cupertino, California 95014.
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 4 of 31 Page ID #:4
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`JURISDICTION AND VENUE
`10. This Court has jurisdiction over the subject matter of this action under
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`28 U.S.C. §§ 1331 and 1338(a).
`11. Broadcom Ltd. is subject to this Court’s personal jurisdiction. On
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`information and belief, Broadcom Ltd. regularly conducts business in the State of
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`California, including in the Central District of California, and has committed acts of
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`patent infringement and/or contributed to or induced acts of patent infringement by
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`others in this District and elsewhere in California and the United States. As such,
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`Broadcom Ltd. has purposefully availed itself of the privilege of conducting
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`business within this District; has established sufficient minimum contacts with this
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`District such that it should reasonably and fairly anticipate being haled into court in
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`this District; has purposefully directed activities at residents of this State; and at
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`least a portion of the patent infringement claims alleged herein arise out of or are
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`related to one or more of the foregoing activities.
`12. Broadcom Corp. is subject to this Court’s personal jurisdiction. On
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`information and belief, Broadcom Corp. regularly conducts business in the State of
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`California, including in the Central District of California, and has committed acts of
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`patent infringement and/or contributed to or induced acts of patent infringement by
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`others in this District and elsewhere in California and the United States. As such,
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`Broadcom Corp. has purposefully availed itself of the privilege of conducting
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`business within this District; has established sufficient minimum contacts with this
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`District such that it should reasonably and fairly anticipate being haled into court in
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`this District; has purposefully directed activities at residents of this State; and at
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`least a portion of the patent infringement claims alleged herein arise out of or are
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`related to one or more of the foregoing activities.
`13. Avago Technologies Ltd.
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`is subject
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`this Court’s personal
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`jurisdiction. On information and belief, Avago Technologies Ltd. regularly
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`conducts business in the State of California, including in the Central District of
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 5 of 31 Page ID #:5
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`California, and has committed acts of patent infringement and/or contributed to or
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`induced acts of patent infringement by others in this District and elsewhere in
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`California and the United States. As such, Avago Technologies Ltd. has
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`purposefully availed itself of the privilege of conducting business within this
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`District; has established sufficient minimum contacts with this District such that it
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`should reasonably and fairly anticipate being haled into court in this District; has
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`purposefully directed activities at residents of this State; and at least a portion of the
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`patent infringement claims alleged herein arise out of or are related to one or more
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`of the foregoing activities.
`14. Apple Inc. is subject to this Court’s personal jurisdiction. On
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`information and belief, Apple Inc. regularly conducts business in the State of
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`California, including in the Central District of California, and has committed acts of
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`patent infringement and/or contributed to or induced acts of patent infringement by
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`others in this District and elsewhere in California and the United States. As such,
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`Apple Inc. has purposefully availed itself of the privilege of conducting business
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`within this District; has established sufficient minimum contacts with this District
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`such that it should reasonably and fairly anticipate being haled into court in this
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`District; has purposefully directed activities at residents of this State; and at least a
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`portion of the patent infringement claims alleged herein arise out of or are related to
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`one or more of the foregoing activities.
`15. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391
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`and 1400 because Defendants regularly conduct business in this District, and certain
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`of the acts complained of herein occurred in this District.
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`CALTECH’S ASSERTED PATENTS
`16. On October 3, 2006, the United States Patent Office issued U.S. Patent
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`No. 7,116,710, titled “Serial Concatenation of Interleaved Convolutional Codes
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`Forming Turbo-Like Codes” (the “’710 patent”). A true and correct copy of the
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`’710 patent is attached hereto as Exhibit A.
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 6 of 31 Page ID #:6
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`17. On September 2, 2008, the United States Patent Office issued U.S.
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`Patent No. 7,421,032, titled “Serial Concatenation of Interleaved Convolutional
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`Codes Forming Turbo-Like Codes” (the “’032 patent”). A true and correct copy of
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`the ’032 patent is attached hereto as Exhibit B. The ’032 patent is a continuation of
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`the application that led to the ’710 patent.
`18. On March 29, 2011, the United States Patent Office issued U.S. Patent
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`No. 7,916,781, titled “Serial Concatenation of Interleaved Convolutional Codes
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`Forming Turbo-Like Codes” (the “’781 patent”). A true and correct copy of the
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`’781 patent is attached hereto as Exhibit C. The ’781 patent is a continuation of the
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`application that led to the ’032 patent, which is a continuation of the application that
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`led to the ’710 patent.
`19. On October 9, 2012, the United States Patent Office issued U.S. Patent
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`No. 8,284,833, titled “Serial Concatenation of Interleaved Convolutional Codes
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`Forming Turbo-Like Codes” (the “’833 patent”). A true and correct copy of the
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`’833 patent is attached hereto as Exhibit D. The ’833 patent is a continuation of the
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`application that led to the ’781 patent, which is a continuation of the application that
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`led to the ’032 patent, which is a continuation of the application that led to the ’710
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`patent.
`20. The Asserted Patents identify Hui Jin, Aamod Khandekar, and Robert
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`J. McEliece as the inventors (the “Inventors”).
`21. Caltech is the owner of all right, title, and interest in and to each of the
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`Asserted Patents with full and exclusive right to bring suit to enforce the Asserted
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`Patents, including the right to recover for past damages and/or royalties.
`22. The Asserted Patents are valid and enforceable.
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`BACKGROUND
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`Caltech’s IRA Code Patents
`23. The Asserted Patents disclose a seminal improvement to coding
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`systems and methods. The Asserted Patents introduce a new type of error correction
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 7 of 31 Page ID #:7
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`codes, called “irregular repeat and accumulate codes” (or “IRA codes”). The
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`claimed methods and apparatuses generate an IRA code from information bits of a
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`message by reordering repeated instances of those bits in a randomized but known
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`way, and then performing logical operations on the reordered bits. These IRA codes
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`are at least as effective at correcting errors in transmissions as prior coding
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`techniques, such as turbo codes, but use simpler encoding and decoding circuitry
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`and provide other technical and practical advantages, allowing for improved
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`transmission rates and performance. Indeed, the IRA codes disclosed in the
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`Asserted Patents enable a transmission rate close to the theoretical limit.
`24. The Asserted Patents implement these novel IRA codes using novel
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`encoders and decoders. The claims in the Asserted Patents describe the error
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`correction methods in ways that enable a person of ordinary skill in the art to
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`implement them using simple circuitry, providing improved performance over prior
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`art encoders and decoders.
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`In September 2000, the Inventors of the Asserted Patents published a
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`paper regarding their invention, titled “Irregular Repeat-Accumulate Codes” for the
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`Second International Conference on Turbo Codes attached hereto as Exhibit E. This
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`paper has been widely cited by experts in the industry.
`26. The Inventors’ patents and publications describing IRA codes have
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`been widely recognized and cited by academics and experts in the field of digital
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`communications for their improvements over prior art error-correction codes. For
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`example, a paper praising these IRA codes was published in August 2004 by Aline
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`Roumy, Souad Guemghar, Giuseppe Caire, and Sergio Verdú in the IEEE
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`Transactions on Information Theory. This paper, titled “Design Methods for
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`Irregular Repeat-Accumulate Codes” and attached hereto as Exhibit F states:
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`IRA codes are, in fact, special subclasses of both irregular
`LDPCs and irregular turbo codes. . . . IRA codes are an
`appealing choice because the encoder is extremely simple, their
`performance is quite competitive with that of turbo codes and
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 8 of 31 Page ID #:8
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`LDPCs, and they can be decoded with a very-low-complexity
`iterative decoding scheme.
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`This paper also notes that, four years after publication of the Inventors’ September
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`2000 paper, the Inventors were the only ones to propose a method to design IRA
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`codes.
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`IEEE 802.11 Wi-Fi Standard
`27. The IEEE has developed standards for wireless communications over
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`local area networks (also referred to as “Wi-Fi”). Wi-Fi usage is widespread in
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`modern electronic products, including smartphones, laptops, routers, televisions,
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`cameras, cars and other devices that have wireless connections.
`28. The IEEE Wi-Fi standards are set forth in IEEE 802.11. The 802.11
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`standardization process began in the 1990s and the first version of 802.11 was
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`referred to as 802.11a. In the following years, subsequent versions of the 802.11
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`standard were adopted.
`29. One of the key improvements to the 802.11n version of the standard
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`involved a “High Throughput (HT)” mode that is implemented using a specific type
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`of LDPC (Low-Density Parity Check) code. This LDPC code used in 802.11n
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`implements Caltech’s patented IRA code technology.
`30. This key improvement to the 802.11n version of the standard was also
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`incorporated into the subsequent 802.11ac version of the standard. The 802.11ac
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`version describes a “Very High Throughput (VHT)” mode that implements
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`Caltech’s patented IRA code technology.
`31. The High Throughput and Very High Throughput modes provide
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`significant advantages over earlier versions of the 802.11 standard. These modes
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`allow for faster data transmissions while at the same time reducing the complexity
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`of the encoders and decoders required to process the IRA/LDPC signals.
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 9 of 31 Page ID #:9
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`32. The IRA/LDPC codes specified by the 802.11n and 802.11ac standards
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`include (1) irregular repeat, and (2) an accumulate operations, meaning they are IRA
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`codes.
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`Broadcom
`33. Broadcom manufactures, uses, imports, offers for sale, and/or sells Wi-
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`Fi products that incorporate IRA/LDPC encoders and/or decoders and infringe the
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`Asserted Patents. Broadcom products that incorporate IRA/LDPC encoders and/or
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`decoders and infringe the Asserted Patents include, but are not limited to, the Wi-Fi
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`products listed in Appendix 1 (“Broadcom Accused Products”).
`34. Broadcom’s sales and marketing materials confirm that these products
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`use LDPC codes and are compliant with the 802.11n and/or 802.11ac standards. For
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`example, Broadcom’s materials state that its BCM4350 “5G WiFi 802.11ac Client,”
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`which upon information and belief is incorporated in the Apple iPhone 6S and 6S
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`Plus, features “802.11ac-compliant . . . low-density parity check codes (LDPC).”
`35. On information and belief, Broadcom’s “sales and marketing strategy is
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`to achieve design wins with industry leaders by providing quality, state-of the-art
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`products and superior technical support” in the United States, including design wins
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`and technical support for Wi-Fi products.
`36. On information and belief, Broadcom “market[s] and sell[s] [its]
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`products in the United States through a direct sales force” and also through
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`“distributors and manufacturers’ representatives.”
`37. On information and belief, Broadcom markets and sells Wi-Fi products
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`to customers such as Apple with the knowledge that those products will be
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`incorporated into other products and imported into and sold in the United States.
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`Apple
`38. Apple manufactures, uses, imports, offers for sale, and/or sells Wi-Fi
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`products that incorporate IRA/LDPC encoders and/or decoders and infringe the
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`Asserted Patents. Apple products that incorporate IRA/LDPC encoders and/or
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 10 of 31 Page ID #:10
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`decoders and infringe the Asserted Patents include, but are not limited to, the
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`following: iPhone SE, iPhone 6S, iPhone 6S Plus, iPhone 6, iPhone 6 Plus, iPhone
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`5C, iPhone 5S, iPhone 5, iPad Air, IPad Air 2, iPad Pro, iPad Mini 4, iPad Mini 3,
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`iPad Mini 2, MacBookAir, Apple Watch and the products listed in Appendix 1
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`(“Apple Accused Products”).
`39. Apple has manufactured, used, imported, offered for sale, and/or sold
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`products that incorporate IRA/LDPC encoders and/or decoders and infringe the
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`Asserted Patents since approximately 2012. For example, Apple announced the
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`release of the iPhone 5 in September 2012 in a press release titled: “Thinnest,
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`Lightest iPhone Ever Features All-New Aluminum Design, Stunning 4-Inch Retina
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`Display, A6 Chip & Ultrafast Wireless.” On information and belief, the iPhone 5
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`incorporates a Broadcom BCM 4334 chip that is compliant with 802.11n and uses
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`IRA/LDPC codes.
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`Broadcom’s Relationship With Apple
`40. Apple is one of Broadcom’s largest customers. In 2012, 2013 and
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`2014, sales to Apple represented 14.6%, 13.3% and 14.0% of Broadcom Corp.’s net
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`revenue, respectively. (Broadcom Corporation 2014 Form 10-K). During this
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`timeframe, Broadcom’s Wi-Fi products that incorporate IRA/LDPC encoders and
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`decoders and infringe the Asserted Patents were incorporated into Apple’s key
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`products including iPhones, iPads, and Mac computers. On information and belief,
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`sales from these Apple products generated hundreds of billions of dollars in
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`revenue.
`41. On information and belief, Broadcom markets, offers to sell, and sells
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`its products to Apple in the United States and has secured numerous Apple design
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`wins for its Wi-Fi products in the United States. Broadcom’s Wi-Fi design wins for
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`Apple products include design wins for iPhones, iPads, Mac computers, and the
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`Apple Watch.
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 11 of 31 Page ID #:11
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`42. Broadcom and Apple are jointly and severally liable for infringement
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`of the Asserted Patents through sales of the Broadcom Accused Products and the
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`Apple Accused Products that incorporate Broadcom Accused Products. As such,
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`Broadcom’s and Apple’s joint infringement of the Asserted Patents raise common
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`questions of fact and law.
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`COUNT I
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`Infringement of the ’710 Patent
`43. Caltech re-alleges and incorporates by reference the allegations of the
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`preceding paragraphs of this Complaint as if fully set forth herein.
`44.
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`In violation of 35 U.S.C. § 271, Broadcom has infringed and is
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`1 2 3 4 5 6 7 8 9
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`10
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`11
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`currently infringing, directly and/or through intermediaries, the ’710 patent by
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`12
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`making, using, selling, offering for sale, and/or importing into the United States,
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`13
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`without authority, products that practice at least claims 1, 8, 10-17, and 19-33 of the
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`14
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`’710 patent. These products include the Broadcom Accused Products, and any other
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`15
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`products that incorporate IRA/LDPC encoders and/or decoders. Broadcom has
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`16
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`infringed and is currently infringing literally and/or under the doctrine of
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`17
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`18
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`equivalents.
`45.
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`In violation of 35 U.S.C. § 271, Apple has infringed and is currently
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`19
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`infringing, directly and/or through intermediaries, the ’710 patent by making, using,
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`20
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`selling, offering for sale, and/or importing into the United States, without authority,
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`21
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`products that practice at least claims 1, 8, 10-17, and 19-33 of the ’710 patent.
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`22
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`These products include the Apple Accused Products and any other products that
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`23
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`incorporate IRA/LDPC encoders and/or decoders. Apple has infringed and is
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`24
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`25
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`currently infringing literally and/or under the doctrine of equivalents.
`46. On information and belief, Broadcom and Apple have had actual
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`26
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`knowledge of their infringement of the ’710 patent since no later than the filing date
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`27
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`of this Complaint.
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`28
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`-11-
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`COMPLAINT
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`

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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 12 of 31 Page ID #:12
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`47. Notwithstanding Broadcom’s actual notice of infringement, Broadcom
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`continues to sell the Broadcom Accused Products, directly and/or through
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`intermediaries, to others such as Apple that make, use, sell, offer for sale, or import
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`into the United States the Broadcom Accused Products or other products
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`incorporating the Broadcom Accused Products with knowledge of or willful
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`blindness to the fact that its actions will induce others, including but not limited to
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`its customers, partners, and/or end users, to directly infringe the ’710 patent.
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`Broadcom induces others including Apple to infringe the ’710 patent in violation of
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`35 U.S.C. § 271(b) by encouraging and facilitating others to perform actions that
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`1 2 3 4 5 6 7 8 9
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`10
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`Broadcom knows to be acts of infringement of the ’710 patent with intent that those
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`11
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`performing the acts infringe the ’710 patent. Upon information and belief,
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`12
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`Broadcom, directly and/or through intermediaries, advertises and distributes the
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`13
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`Broadcom Accused Products, publishes instruction materials, specifications and
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`14
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`promotional literature describing the operation of the Broadcom Accused Products,
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`15
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`offers technical assistance, training, and/or consulting services regarding the
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`16
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`Broadcom Accused Products to their customers, partners, and/or end users. At least
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`17
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`consumers, partners, and/or end users of these Broadcom Accused Products then
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`18
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`directly infringe the ’710 patent by making, using, selling, offering for sale, and/or
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`19
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`importing into the United States, without authority, the Broadcom Accused Products
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`20
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`21
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`or products incorporating the Broadcom Accused Products.
`48. Notwithstanding Apple’s actual notice of
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`infringement, Apple
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`22
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`continues
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`to sell
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`the Apple Accused Products, directly and/or
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`through
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`23
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`intermediaries, to others that make, use, sell, offer for sale, or import into the United
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`24
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`States the Apple Accused Products with knowledge of or willful blindness to the
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`25
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`fact that its actions will induce others, including but not limited to its customers,
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`26
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`partners, and/or end users, to directly infringe the ’710 patent. Apple induces others
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`27
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`including its customers to infringe the ’710 patent in violation of 35 U.S.C. § 271(b)
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`28
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`by encouraging and facilitating others to perform actions that Apple knows to be
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`-12-
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`COMPLAINT
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`

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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 13 of 31 Page ID #:13
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`acts of infringement of the ’710 patent with intent that those performing the acts
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`infringe the ’710 patent. Upon information and belief, Apple, directly and/or
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`through intermediaries, advertises and distributes the Apple Accused Products,
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`publishes instruction materials, specifications and promotional literature describing
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`the operation of the Apple Accused Products, offers technical assistance, training,
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`and/or consulting services regarding the Apple Accused Products to their customers,
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`partners, and/or end users. At least consumers, partners, and/or end users of these
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`Apple Accused Products then directly infringe the ’710 patent by making, using,
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`selling, offering for sale, and/or importing into the United States, without authority,
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`1 2 3 4 5 6 7 8 9
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`10
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`11
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`the Apple Accused Products.
`49. Upon information and belief, Broadcom knows that the Broadcom
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`12
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`Accused Products are especially made or especially adapted for use in the
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`13
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`infringement of the ’710 patent. The infringing components of these products are
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`14
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`not staple articles or commodities of commerce suitable for substantial non-
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`15
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`infringing use, and the infringing components of these products are a material part
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`16
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`of the invention of the ’710 patent. Accordingly, in violation of 35 U.S.C. § 271(c),
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`17
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`Broadcom is also contributing, directly and/or through intermediaries, to the direct
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`18
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`infringement of the ’710 patent by at least the customers such as Apple, partners,
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`19
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`and/or end users of these Broadcom Accused Products. The customers such as
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`20
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`Apple, partners, and/or end users of these Broadcom Accused Products directly
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`21
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`infringe the ’710 patent by making, using, selling, offering for sale, and/or importing
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`22
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`into the United States, without authority, the Broadcom Accused Products or
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`23
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`24
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`products incorporating the Broadcom Accused Products.
`50. Upon information and belief, Apple knows that the Apple Accused
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`25
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`Products are especially made or especially adapted for use in the infringement of the
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`26
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`’710 patent. The infringing components of these products are not staple articles or
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`27
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`commodities of commerce suitable for substantial non-infringing use, and the
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`28
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`infringing components of these products are a material part of the invention of the
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`-13-
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`COMPLAINT
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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 14 of 31 Page ID #:14
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`’710 patent. Accordingly, in violation of 35 U.S.C. § 271(c), Apple is also
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`contributing, directly and/or through intermediaries, to the direct infringement of the
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`’710 patent by at least the customers, partners, and/or end users of these Apple
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`Accused Products. The customers, partners, and/or end users of these Apple
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`Accused Products directly infringe the ’710 patent by making, using, selling,
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`offering for sale, and/or importing into the United States, without authority, the
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`Apple Accused Products.
`51. As but one example of Broadcom’s contributory and/or induced
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`infringement, Broadcom explicitly encourages customers such as Apple to use, sell,
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`1 2 3 4 5 6 7 8 9
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`10
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`offer for sale and/or import into the United States products that infringe the ’710
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`11
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`patent by incorporating Broadcom Accused Products. For example, Broadcom’s
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`12
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`website advertises that the BCM 4350 product implements the 802.11ac standard
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`13
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`and highlights its use of “low-density parity check codes (LDPC).” On information
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`14
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`and belief, through materials such as these, Broadcom actively encourages
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`15
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`customers such as Apple, partners, and/or end users to infringe the ’710 patent
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`16
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`through at least the use, sale, offer for sale and importation of products that
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`17
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`incorporate the Broadcom Accused Products into the United States knowing those
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`18
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`acts to be infringement of the ’710 patent with intent that those performing the acts
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`19
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`20
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`infringe the ’710 patent.
`52. As but one example of Apple’s contributory and/or
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`induced
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`21
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`infringement, Apple explicitly encourages its customers to infringe the ’710 patent
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`22
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`by using the Apple Accused Products. For example, Apple’s website advertises that
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`23
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`the iPhone 6, implements the 802.11n and 802.11ac standard. On information and
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`24
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`belief, through materials such as these, Apple actively encourages customers,
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`25
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`partners, and/or end user to infringe the ’710 patent through at least the use of Apple
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`26
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`Accused Products incorporating Broadcom Accused Products such as the iPhone 6,
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`27
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`knowing those acts to be infringement of the ’710 patent with intent that those
`
`28
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`performing the acts infringe the ’710 patent.
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`-14-
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`COMPLAINT
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`

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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 15 of 31 Page ID #:15
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`53. Broadcom is not licensed or otherwise authorized to practice the claims
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`of the ’710 patent.
`54. Apple is not licensed or otherwise authorized to practice the claims of
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`the ’710 patent.
`55. By
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`reason of Broadcom’s and Apple’s
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`individual and
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`joint
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`infringement, Caltech has suffered, and will continue to suffer, substantial damages.
`56. Caltech is entitled to recover from Broadcom and Apple the damages
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`sustained as a result of their wrongful acts in an amount subject to proof at trial.
`57.
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`Broadcom’s and Apple’s continuing acts of
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`infringement are
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`1 2 3 4 5 6 7 8 9
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`10
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`irreparably harming and causing damage to Caltech, for which Caltech has no
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`11
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`adequate remedy at law, and will continue to suffer such irreparable injury unless
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`12
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`Broadcom’s and Apple’s continuing acts of infringement are enjoined by the Court.
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`13
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`The hardships that an injunction would impose are less than those faced by Caltech
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`14
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`should an injunction not issue. The public interest would be served by issuance of
`
`15
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`an injunction. Thus, Caltech is entitled to a preliminary and a permanent injunction
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`16
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`17
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`against further infringement.
`58. Broadcom’s and Apple’s infringement of the ’710 patent is exceptional
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`18
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`and entitles Caltech to attorneys’ fees and costs incurred in prosecuting this action
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`19
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`under 35 U.S.C. § 285.
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`20
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`21
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`22
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`23
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`24
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`COUNT II
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`Infringement of the ’032 Patent
`59. Caltech re-alleges and incorporates by reference the allegations of the
`
`preceding paragraphs of this Complaint as if fully set forth herein.
`60.
`
`In violation of 35 U.S.C. § 271, Broadcom has infringed and is
`
`25
`
`currently infringing, directly and/or through intermediaries, the ’032 patent by
`
`26
`
`making, using, selling, offering for sale, and/or importing into the United States,
`
`27
`
`without authority, products that practice at least claims 1-8 and 10-22 of the ’032
`
`28
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`patent. These products include the Broadcom Accused Products, and any other
`
`
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`
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`
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`-15-
`
`COMPLAINT
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`

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`Case 2:16-cv-03714-GW-AGR Document 1 Filed 05/26/16 Page 16 of 31 Page ID #:16
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`products that in