Case 1:20-cv-07529 Document 1 Filed 09/14/20 Page 1 of 23
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
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`Civil Action No.: 1:20-cv-7529
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`Jury Trial Demanded
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`COMMWORKS SOLUTIONS, LLC,
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`Plaintiff
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`-against-
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`MEDIACOM COMMUNICATIONS
`CORPORATION,
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff CommWorks Solutions, LLC (“CommWorks” or “Plaintiff”), by way of this
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`Complaint against Mediacom Communications Corporation (“Mediacom” or “Defendant”),
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`alleges as follows:
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`PARTIES
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`1.
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`Plaintiff CommWorks Solutions, LLC is a limited liability company organized and
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`existing under the laws of the State of Georgia, having its principal place of business at 44
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`Milton Avenue, Suite 254, Alpharetta, GA 30009.
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`2.
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`On information and belief, Defendant Mediacom is a corporation organized and existing
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`under the laws of the State of Delaware, having its principal place of business at 1 Mediacom
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`Way, Chester, NY 10918.
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`JURISDICTION AND VENUE
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`3.
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`This is an action under the patent laws of the United States, 35 U.S.C. §§ 1, et seq., for
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`infringement by Mediacom of claims of U.S. Patent No. 6,832,249; U.S. Patent No. 6,891,807;
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`U.S. Patent No. 7,027,465; U.S. Patent No. 7,177,285; U.S. Patent No. 7,463,596; U.S. Patent
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`1
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`Case 1:20-cv-07529 Document 1 Filed 09/14/20 Page 2 of 23
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`No. 7,760,664; U.S. Patent No. 7,911,979; U.S. Patent No. 8,116,315 and U.S. Patent No.
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`RE44,904. (collectively “the Patents-in-Suit”).
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`4.
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`5.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`Mediacom is subject to personal jurisdiction of this Court because, inter alia, on
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`information and belief, (i) Mediacom maintains a regular and established place of business in
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`New York in this Judicial District, including its corporate headquarters at 1 Mediacom Way,
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`Chester, NY 10918; (ii) Mediacom maintains a regular and established place of business in New
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`York in this Judicial District, including offices at 3 World Trade Center, 175 Greenwich Street,
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`New York, NY 10007; and (iii) Mediacom employs employees at and provides services to its
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`customers from offices within the State of New York in this Judicial District.
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`6.
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`Venue is proper as to Mediacom in this Judicial District under 28 U.S.C. § 1400(b)
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`because, inter alia, on information and belief, Mediacom has a regular and established place of
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`business in this Judicial District located at 1 Mediacom Way, Chester, NY 10918, as well as
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`offices at 3 World Trade Center, 175 Greenwich Street, New York, NY 10007, and has
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`committed acts of patent infringement in this Judicial District and/or has contributed to or
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`induced acts of patent infringement by others in this District.
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`BACKGROUND
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`7.
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`On December 14, 2004, the United States Patent and Trademark Office duly and lawfully
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`issued U.S. Patent No. 6,832,249 (“the ’249 Patent”), entitled “Globally Accessible Computer
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`Network-Based Broadband Communication System With User-Controllable Quality of
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`Information Delivery and Flow Priority.” A true and correct copy of the ’249 Patent is attached
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`hereto as Exhibit A.
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`8.
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`On May 10, 2005, the United States Patent and Trademark Office duly and lawfully
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`2
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`Case 1:20-cv-07529 Document 1 Filed 09/14/20 Page 3 of 23
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`issued U.S. Patent No. 6,891,807 (“the ’807 Patent”), entitled “Time Based Wireless Access
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`Provisioning.” A true and correct copy of the ’807 Patent is attached hereto as Exhibit B.
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`9.
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`On April 11, 2006, the United States Patent and Trademark Office duly and lawfully
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`issued U.S. Patent No. 7,027,465 (“the ’465 Patent”), entitled “Method for Contention Free
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`Traffic Detection.” A true and correct copy of the ’465 Patent is attached hereto as Exhibit C.
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`10.
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`On February 13, 2007, the United States Patent and Trademark Office duly and lawfully
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`issued U.S. Patent No. 7,177,285 (“the ’285 Patent”), entitled “Time Based Wireless Access
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`Provisioning.” A true and correct copy of the ’285 Patent is attached hereto as Exhibit D.
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`11.
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`On December 9, 2008, the United States Patent and Trademark Office duly and lawfully
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`issued U.S. Patent No. 7,463,596 (“the ’596 Patent”), entitled “Time Based Wireless Access
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`Provisioning.” A true and correct copy of the ’596 Patent is attached hereto as Exhibit E.
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`12.
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`On July 20, 2010, the United States Patent and Trademark Office duly and lawfully
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`issued U.S. Patent No. 7,760,664 (“the ’664 Patent”), entitled “Determining and Provisioning
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`Paths in a Network.” A true and correct copy of the ’664 Patent is attached hereto as Exhibit F.
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`13.
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`On March 22, 2011, the United States Patent and Trademark Office duly and lawfully
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`issued U.S. Patent No. 7,911,979 (“the ’979 Patent”), entitled “Time Based Access Provisioning
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`System and Process. A true and correct copy of the ’979 Patent is attached hereto as Exhibit G.
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`14.
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`On February 14, 2012, the United States Patent and Trademark Office duly and lawfully
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`issued U.S. Patent No. 8,116,315 (“the ’315 Patent”), entitled “System and Method for Packet
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`Classification.” A true and correct copy of the ’315 Patent is attached hereto as Exhibit H.
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`15.
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`On May 20, 2014, the United States Patent and Trademark Office duly and lawfully
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`reissued U.S. Patent No. RE44,904 (“the ’904 Reissue Patent”), entitled “Method for Contention
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`Free Traffic Detection.” A true and correct copy of the ’904 Reissue Patent is attached hereto as
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`3
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`Case 1:20-cv-07529 Document 1 Filed 09/14/20 Page 4 of 23
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`Exhibit I.
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`16.
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`CommWorks is the assignee and owner of the right, title, and interest in and to the
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`Patents-in-Suit, including the right to assert all causes of action arising under said patents and the
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`right to any remedies for infringement of them.
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`NOTICE
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`17.
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`By letter dated April 17, 2020 and email dated April 17, 2020, CommWorks notified
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`Mediacom of the existence of its patent portfolio, including the Patents-in-Suit, notified
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`Mediacom that it infringes the Patents-in-Suit, identified exemplary infringed claims and
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`infringing products and services, and invited Mediacom to hold a licensing discussion with
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`CommWorks.
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`18.
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`By email dated August 17, 2020, CommWorks provided sample claim charts to
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`Mediacom for each of the Patents-in-Suit.
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`COUNT I: INFRINGEMENT OF THE ’249 PATENT BY MEDIACOM
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`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
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`On information and belief, Mediacom has infringed the ’249 Patent, pursuant to 35
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`19.
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`20.
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`U.S.C. § 271(a), literally or under the doctrine of equivalents, by providing services to its
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`customers that make, use, offer to sell, sell in the United States or import into the United States
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`the Ciena devices that run Service Aware Operating System (SAOS), under, for example,
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`Mediacom’s “Extream” brand, as well as all other equipment utilizing substantially similar
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`methods of providing broadband communications over a multi-layered network used by
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`Mediacom to provide services to its customers (“Accused Products and Services”).
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`21.
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`For example, on information and belief, Mediacom has infringed and continues to
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`infringe at least claim 11 of the ’249 Patent by making, using, offering to sell, selling, and/or
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`importing the Accused Products and Services, which perform a method for providing broadband
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`4
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`communications over a multi-layered network having a plurality of Open System
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`Interconnection (OSI) reference model layers functioning therein. See Ex. 1 (“The Mediacom
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`network consists of the Optical Multiservice Edge 6500 equipment”); Ex. 2 (“The 6500 Packet-
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`Optical Platform (formerly called the Optical Multiservice Edge 6500 . . . is a Multi-port, multi-
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`protocol system designed by Ciena . . .”); Ex. 3 at 4-5 (showing that Ciena devices running
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`SAOS supporting IEEE 802.3ah); Ex. 4 (IEEE 802.3ah functioning over a plurality of the OSI
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`reference model layers). The method of providing broadband communications over a multi-
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`layered network of each of the Accused Products and Services comprises monitoring at least one
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`OSI reference model layer functioning in the multi-layered network. See Ex. 4 at 439 (e.g.,
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`Discovery Processing). The method of providing broadband communications over a multi-
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`layered network of each of the Accused Products and Services further comprises determining
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`that a quality of service event has occurred in the multi-layered network. See Ex. 4 at 440 (“The
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`process is driven by the OLT, which periodically makes available Discovery Time Windows
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`during which off-line ONU’s are given the opportunity to make themselves known to the
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`OLT.”). The method of providing broadband communications over a multi-layered network of
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`each of the Accused Products and Services further comprises responding to the quality of service
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`event in the multi-layered network by changing network provisioning at a layer less than N, such
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`as the physical layer. See Ex. 4 at 421 (showing “allocation of upstream transmission resources
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`to different ONUs”); Id. at 440-442 (showing the allocation of transmission resources to newly
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`discovered ONU by Registering the ONU); Id. at 236 (showing that provisioning, i.e.,
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`transmission resource allocation, occurs on the physical layer (layer 1) of the OSI model, which
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`is less than the data link layer (layer 2)). The method of providing broadband communications
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`over a multi-layered network of each of the Accused Products and Services further comprises
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`5
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`signaling that the network provisioning at the layer less than N has been changed. See Ex. 4 at
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`421 (e.g. GATE2 Message); Id. at 455 (“The transmitting window of an ONU is indicated in
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`GATE message”).
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`22.
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`On information and belief, Mediacom has induced infringement of the ’249 Patent
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`pursuant to 35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and
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`encouraging others, including, but not limited to, its partners, customers, and end users, to use,
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`sell, and/or offer to sell in the United States, and/or import into the United States, the Accused
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`Products and Services by, among other things, providing the Accused Products and Services,
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`specifications, instructions, manuals, advertisements, marketing materials, and technical
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`assistance relating to the installation, set up, use, operation, and maintenance of said products.
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`23.
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`On information and belief, Mediacom has committed the foregoing infringing activities
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`without a license.
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`24.
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`On information and belief, Mediacom knew the ’249 Patent existed and knew of
`
`exemplary infringing Mediacom products and services while committing the foregoing
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`infringing acts thereby willfully, wantonly and deliberately infringing the ’249 Patent.
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`COUNT II: INFRINGEMENT OF THE ’807 PATENT BY MEDIACOM
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`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
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`On information and belief, Mediacom has infringed the ’807 Patent pursuant to 35 U.S.C.
`
`25.
`
`26.
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`§ 271(a), literally or under the doctrine of equivalents, by making, using, offering for sale,
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`selling, and/or importing into the United States Wi-Fi enabled modems and routers and Wi-Fi
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`services, such as, for example, the Mediacom Askey TCG310 modem/router (included in the
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`“Accused Products and Services”).
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`27.
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`For example, on information and belief, Mediacom has infringed and continues to
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`infringe at least claim 17 of the ’807 Patent by making, using, offering to sell, selling, and/or
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`6
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`importing the Accused Products and Services, which include a time based network access
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`provisioning system between a wireless device and a network. See Ex. 5 (showing the Askey
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`TCG310 as the exemplary Mediacom WPC access point); Ex. 6 (showing that in the Askey
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`TCG310 WPS “[e]nables scanning for available WPS client device”); Ex. 7 (showing that Wi-Fi
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`Protected Service (“WPS”) comprises a time based network access provisioning system between
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`a wireless device and a network, for example a Wireless Local Area Network (“WLAN”)). The
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`time based network access provisioning system comprises a network access point connected to
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`the network, the network access point comprising logic for tracking operation of the wireless
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`device. See Ex. 7 (showing, for example, that WPS access points comprise logic for tracking
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`operation of a wireless device seeking to join a WLAN domain and that WPS access points track
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`requests to join the network from a wireless device). The time based network access
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`provisioning system further comprises logic for provisioning the wireless device if the operation
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`of the wireless device occurs within an activatible time interval. See Ex. 7 (showing, for
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`example, WPS access points include logic that provision wireless devices if the WPS button on
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`the wireless device is pressed within 120 seconds of the press (“Walk Time” of the WPS button
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`on the access point (activatable time period)).
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`28.
`
`On information and belief, Mediacom has induced infringement of the ’807 Patent
`
`pursuant to 35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and
`
`encouraging others, including, but not limited to, its partners, customers, and end users, to use,
`
`sell, and/or offer to sell in the United States, and/or import into the United States, the Accused
`
`Products and Services by, among other things, providing the Accused Products and Services,
`
`specifications, instructions, manuals, advertisements, marketing materials, and technical
`
`assistance relating to the installation, set up, use, operation, and maintenance of said products.
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`7
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`29.
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`On information and belief, Mediacom has committed the foregoing infringing activities
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`without a license.
`
`30.
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`On information and belief, Mediacom knew the ’807 Patent existed and knew of
`
`exemplary infringing Mediacom products and services while committing the foregoing
`
`infringing acts thereby willfully, wantonly and deliberately infringing the ’807 Patent.
`
`COUNT III: INFRINGEMENT OF THE ’465 PATENT BY MEDIACOM
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`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
`
`On information and belief, Mediacom has infringed the ’465 Patent pursuant to 35 U.S.C.
`
`31.
`
`32.
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`§ 271(a), literally or under the doctrine of equivalents, by making, using, offering for sale,
`
`selling, and/or importing into the United States Wi-Fi enabled modems and routers and Wi-Fi
`
`services, such as, for example, the Mediacom Askey TCG310 modem/router (included in the
`
`“Accused Products and Services”).
`
`33.
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`For example, on information and belief, Mediacom has infringed and continues to
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`infringe at least claim 1 of the ’465 Patent by making, using, offering to sell, selling, and/or
`
`importing the Accused Products and Services, which perform a method for detecting priority of
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`data frames in a network. See Ex. 5 (showing the Askey TCG310 as the exemplary Mediacom
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`WPC access point); Ex. 6 at 62 (showing that in the Askey TCG310 includes Wi-Fi Multi-Media
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`(WMM) that is “an implementation of Quality of Service (QoS) which is defined by the IEEE
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`standard 802.11e”); Ex. 8 (showing that in Mediacom’s WMM compatible Access Points, such
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`as the exemplary Askey TCG310 modem/router, detect the priority of data frames in a network
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`by mapping to the Access Category (“AC”) of the Enhanced Distributed Channel Access
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`(“EDCA”) mechanism); see also Ex. 9 (showing another example in which Mediacom’s 802.11-
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`2007+ compliant Access Points detect priority data frames in a network by mapping the AC of
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`the EDCA mechanism). The method for detecting priority of data frames comprises the step of
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`8
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`extracting a bit pattern from a predetermined position in a frame. See Ex. 8 (showing, for
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`example, that in Wi-Fi enabled modems and routers, 802.11-2007+ compliant Access Points
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`extract a bit pattern, such as an EDCA Parameter Set from a predetermined position in a frame,
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`such as in the QoS Control field); Ex. 9 (same). The method for detecting priority of data frames
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`further comprises the step of comparing said extracted bit pattern with a search pattern. See Ex.
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`8 (showing, for example, that Mediacom’s WMM compliant Access Points compare the
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`extracted UP bit pattern with a search pattern, such as the Access Category (“AC”)); Ex. 9
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`(showing, for example, that Mediacom’s 802.11-2007+ compliant Access Points compare the
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`extracted TID bit pattern User Priority (“UP”) with the Access Category (“AC”) search pattern).
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`The method for detecting priority of data frames further comprises the step of identifying a
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`received frame as a priority frame in case said extracted bit pattern matches with said search
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`pattern. See Ex. 8 (showing, for example, that Mediacom’s WMM compliant Access Points
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`identify the priority Access Category (“AC”) of the WMM Data frame if the UP of said frame
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`matches an AC search pattern); Ex. 9 (showing, for example, that Mediacom’s 802.11-2007+
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`compliant Access Points identify the priority Access Category (“AC”) of the data frame if the
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`TID UP bit pattern matches an AC search pattern). In the method for detecting priority of data
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`frames, the predetermined position in said frame is defined by the offset of said bit pattern in said
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`frame. See Ex. 8 (showing, for example, the predetermined position of the QoS Control field in
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`the frame is defined by the offset of the above bit pattern in the MAC Header of the frame).
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`34.
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`On information and belief, Mediacom has induced infringement of the ’465 Patent
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`pursuant to 35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and
`
`encouraging others, including, but not limited to, its partners, customers, and end users, to use,
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`sell, and/or offer to sell in the United States, and/or import into the United States, the Accused
`
`9
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`Products and Services by, among other things, providing the Accused Products and Services,
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`specifications, instructions, manuals, advertisements, marketing materials, and technical
`
`assistance relating to the installation, set up, use, operation, and maintenance of said products.
`
`35.
`
`On information and belief, Mediacom has committed the foregoing infringing activities
`
`without a license.
`
`36.
`
`On information and belief, Mediacom knew the ’465 Patent existed and knew of
`
`exemplary infringing Mediacom products and services while committing the foregoing
`
`infringing acts thereby willfully, wantonly and deliberately infringing the ’465 Patent.
`
`COUNT IV: INFRINGEMENT OF THE ’285 PATENT BY MEDIACOM
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`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
`
`On information and belief, Mediacom has infringed the ’285 Patent pursuant to 35 U.S.C.
`
`37.
`
`38.
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`§ 271(a), literally or under the doctrine of equivalents, by making, using, offering for sale,
`
`selling, and/or importing into the United States Wi-Fi enabled modems and routers and Wi-Fi
`
`services, such as, for example, the Mediacom Askey TCG310 modem/router (included in the
`
`“Accused Products and Services”).
`
`39.
`
`For example, on information and belief, Mediacom has infringed and continues to
`
`infringe at least claim 1 of the ’285 Patent by making, using, offering to sell, selling, and/or
`
`importing the Accused Products and Services, which perform a process for provisioning between
`
`a wireless device and a network. See Ex. 7 (showing that Wi-Fi Protected Service (“WPS”)
`
`access points perform a process for provisioning between a wireless device and a network, such
`
`as a LAN). The process for provisioning comprises the step of tracking an operating parameter
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`of the wireless device within a service area, wherein the operating parameter of the wireless
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`device comprises an onset of a signal transmission of the wireless device. See Ex. 7 (showing
`
`that, for example, WPS access points monitors Probe Request {WSC IE, PBC}, wherein said
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`10
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`Probe Requests include an onset of a signal transmission and PBC operating parameter in the
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`onset signal Probe Request {WSC IE PBC} transmitted from an in range wireless device
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`(enrollee) seeking access to the network). The process for provisioning further comprises the
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`step of initiating provisioning of the wireless device if the tracked operating parameter occurs
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`within a time interval. See Ex. 7 (showing that, for example, WPS access points initiate
`
`provisioning of the wireless device if the tracked operating parameter (transmission of signal
`
`seeking access) occurs within the 120-second time period (“Walk Time”)).
`
`40.
`
`On information and belief, Mediacom has induced infringement of the ’285 Patent
`
`pursuant to 35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and
`
`encouraging others, including, but not limited to, its partners, customers, and end users, to use,
`
`sell, and/or offer to sell in the United States, and/or import into the United States, the Accused
`
`Products and Services by, among other things, providing the Accused Products and Services,
`
`specifications, instructions, manuals, advertisements, marketing materials, and technical
`
`assistance relating to the installation, set up, use, operation, and maintenance of said products.
`
`41.
`
`On information and belief, Mediacom has committed the foregoing infringing activities
`
`without a license.
`
`42.
`
`On information and belief, Mediacom knew the ’285 Patent existed and knew of
`
`exemplary infringing Mediacom products and services while committing the foregoing
`
`infringing acts thereby willfully, wantonly and deliberately infringing the ’285 Patent.
`
`COUNT V: INFRINGEMENT OF THE ’596 PATENT BY MEDIACOM
`
`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
`
`On information and belief, Mediacom has infringed the ’596 Patent pursuant to 35 U.S.C.
`
`43.
`
`44.
`
`§ 271(a), literally or under the doctrine of equivalents, by making, using, offering for sale,
`
`selling, and/or importing into the United States Wi-Fi enabled modems and routers and Wi-Fi
`
`11
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`services, such as, for example, the Mediacom Askey TCG310 modem/router (included in the
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`“Accused Products and Services”).
`
`45.
`
`For example, on information and belief, Mediacom has infringed and continues to
`
`infringe at least claim 1 of the ’596 Patent by making, using, offering to sell, selling, and/or
`
`importing the Accused Products and Services, which perform a process for associating devices.
`
`See Ex. 7 (showing, for example, that Wi-Fi Protected Service (“WPS”) access points perform a
`
`process for associating devices, such as the PushButton Configuration (“PBC”) method). The
`
`process for associating devices comprises the step of tracking an operating parameter of a first
`
`device, wherein the operating parameter of the first device comprises any of a power on of the
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`first device, and an onset of a signal transmission of the first device. See Ex. 7 (showing, for
`
`example, WPS access points track racks the PBC operating parameter of the first device found in
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`the onset signal of the Probe Request {WSC IE PBC}, where the Probe Request is activated by
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`pressing a PBC button on the first device (enrollee) that is seeking access to the network). The
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`process for associating devices further comprises the step of automatically associating the first
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`device with at least one other device if the tracked operating parameter occurs within a time
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`interval. See Ex. 7 (showing, for example, WPS access points automatically associate the
`
`wireless device seeking access with the access point if the signal transmission initiated by a
`
`button on the wireless device occurs within the 120-second time period (“Walk Time”)).
`
`46.
`
`On information and belief, Mediacom has induced infringement of the ’596 Patent
`
`pursuant to 35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and
`
`encouraging others, including, but not limited to, its partners, customers, and end users, to use,
`
`sell, and/or offer to sell in the United States, and/or import into the United States, the Accused
`
`Products and Services by, among other things, providing the Accused Products and Services,
`
`12
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`Case 1:20-cv-07529 Document 1 Filed 09/14/20 Page 13 of 23
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`specifications, instructions, manuals, advertisements, marketing materials, and technical
`
`assistance relating to the installation, set up, use, operation, and maintenance of said products.
`
`47.
`
`On information and belief, Mediacom has committed the foregoing infringing activities
`
`without a license.
`
`48.
`
`On information and belief, Mediacom knew the ’596 Patent existed and knew of
`
`exemplary infringing Mediacom products and services while committing the foregoing
`
`infringing acts thereby willfully, wantonly and deliberately infringing the ’596 Patent.
`
`COUNT VI: INFRINGEMENT OF THE ’664 PATENT BY MEDIACOM
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`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
`
`On information and belief, Mediacom has infringed the ’664 Patent pursuant to 35 U.S.C.
`
`49.
`
`50.
`
`§ 271(a), literally or under the doctrine of equivalents, by providing services to its customers that
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`make, use, offer to sell, sell in the United States or import into the United States the Ciena Blue
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`Planet Manage, Control and Plan platform (“the Ciena”), as well as all other equipment utilizing
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`substantially similar methods of routing traffic used by Mediacom to provide services to its
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`customers (“Accused Products”).
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`51.
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`For example, on information and belief, Mediacom has infringed and continues to
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`infringe at least claim 7 of the ’664 Patent by making, using, offering to sell, selling, and/or
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`importing the Accused Products, which perform a method for routing network traffic between a
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`first network and a second network, each of the of the networks comprising a plurality of
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`network elements. See Ex. 10 (showing that Ciena’s Blue Planet Manage, Control and Plan
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`(MCP) network configuration management system routes network traffic between two networks
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`wherein each network comprises a plurality of network elements that are connected by a digital
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`cross connect, such as an Multiprotocol Label Switching (MPLS) Tunnel and/or an Ethernet
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`[Virtual] Private Line (EPL/EVPL) Service). The plurality of network elements of the Accused
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`Case 1:20-cv-07529 Document 1 Filed 09/14/20 Page 14 of 23
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`Products are connected by a digital cross connect. See Ex. 10. The method for routing network
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`traffic of each of the Accused Products comprises the step of determining, with a network
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`configuration management system, the interconnections created by said digital cross connect
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`between at least two network elements in said plurality of network elements. See Ex. 10
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`(showing, for example, Ciena’s Blue Planet MCP network configuration management system
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`configures MPLS Tunnels and/or EPL/EVPL Services between at least two network elements,
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`e.g., Ciena 5150, 8700, and/or 3930 devices, which includes determining the interconnections
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`between the network element). The method for routing network traffic of each of the Accused
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`Products further comprises representing each of said interconnections as a link between said at
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`least two network elements. See Ex. 10 (showing that Ciena’s Blue Planet represents the MPLS
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`tunnel as a link between network elements, for example, the Ciena 8700-1 device on the first
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`network and the Ciena 8700-3 device on the second network). The method for routing network
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`traffic of each of the Accused Products further comprises storing a status of each of said
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`interconnections in a cross connection status database, wherein the status indicates whether a
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`cross-connection using said digital cross connect was successfully provisioned. See Ex. 10
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`(showing that Ciena’s Blue Planet stores and displays the status, e.g., operational status, of the
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`MPLS tunnel and/or EPL/EVPL service including whether the cross connection was successfully
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`provisioned).
`
`52.
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`On information and belief, Mediacom has induced infringement of the ’664 Patent
`
`pursuant to 35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and
`
`encouraging others, including, but not limited to, its partners, customers, and end users, to use,
`
`sell, and/or offer to sell in the United States, and/or import into the United States, the Accused
`
`Products and Services by, among other things, providing the Accused Products and Services,
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`Case 1:20-cv-07529 Document 1 Filed 09/14/20 Page 15 of 23
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`specifications, instructions, manuals, advertisements, marketing materials, and technical
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`assistance relating to the installation, set up, use, operation, and maintenance of said products.
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`53.
`
`On information and belief, Mediacom has committed the foregoing infringing activities
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`without a license.
`
`54.
`
`On information and belief, Mediacom knew the ’664 Patent existed and knew of
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`exemplary infringing Mediacom products and services while committing the foregoing
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`infringing acts thereby willfully, wantonly and deliberately infringing the ’664 Patent.
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`COUNT VII: INFRINGEMENT OF THE ’979 PATENT BY MEDIACOM
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`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
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`On information and belief, Mediacom has infringed the ’979 Patent pursuant to 35 U.S.C.
`
`55.
`
`56.
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`§ 271(a), literally or under the doctrine of equivalents, by making, using, offering for sale,
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`selling, and/or importing into the United States Wi-Fi enabled modems and routers and Wi-Fi
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`services, such as, for example, the Mediacom Askey TCG310 modem/router (included in the
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`“Accused Products and Services”).
`
`57.
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`For example, on information and belief, Mediacom has infringed and continues to
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`infringe at least claim 1 of the ’979 Patent by making, using, offering to sell, selling, and/or
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`importing the Accused Products and Services, which include a provisioning process performed
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`by a provisioning system having provisioning logic. See Ex. 7 (showing, for example, that
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`Mediacom’s WPS access points, such as the exemplary Askey TCG310 modem/router, include a
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`provisioning system having a provisioning logic (i.e. software and/or hardware components used
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`to implement) that performs the PushButton Configuration (“PBC”) provisioning process). The
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`provisioning process of the Accused Products and Services comprises tracking by the
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`provisioning logic, an operating parameter of a first device, wherein the operating parameter of
`
`the first device comprises an onset of a signal transmission of the first device. See Ex. 7
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`Case 1:20-cv-07529 Document 1 Filed 09/14/20 Page 16 of 23
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`(showing, for example, Mediacom’s WPS access point’s provisioning logic, i.e., Interface E,
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`monitors a PBC operating parameter, such as an onset of a Probe Request {WSC IE PBC} sent
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`by the first device (enrollee)). The provisioning process of the Accused Products and Services
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`further comprises sending a signal to initiate provisioning of the first device with a network if the
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`tracked operating parameter occurs within a designated time interval. See Ex. 7 (showing that,
`
`for example, Mediacom’s WPS access point’s provisioning logic, such as Interface E sends a
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`Probe Response {WSC IE, PBC} signal to initiate provisioning of the first device (enrollee) if
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`the Probe Request {WSC IE PBC} occurs within the 120-second walk time).
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`58.
`
`On information and belief, Mediacom has induced infringement of the ’979 Patent
`
`pursuant to 35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and
`
`encouraging others, including, but not limited to, its partners, customers, and end users, to use,
`
`sell, and/or offer to sell in the United States, and/or import into the United States, the Accused
`
`Products and Services by, among other things, providing the Accused Products and Services,
`
`specifications, instructions, manuals, advertisements, marketing materials, and technical
`
`