`COMMWORKS SOLUTIONS, LLC,
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`Plaintiff
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`-against-
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`RCN TELECOM SERVICES, LLC,
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`
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 1 of 24
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
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`
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`Civil Action No.: 1:20-cv-7534
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`Jury Trial Demanded
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`
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`
`
`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff CommWorks Solutions, LLC (“CommWorks” or “Plaintiff”), by way of this
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`Complaint against Defendants RCN Telecom Services, LLC (“RCN” or “Defendant”), alleges as
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`follows:
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`PARTIES
`
`1.
`
`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.
`
`2.
`
`On information and belief, Defendant RCN is a corporation organized and existing under
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`the laws of the State of Delaware, having its principal place of business at 650 College Road
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`East, Suite 3100, Princeton, NJ 08540.
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`JURISDICTION AND VENUE
`
`3.
`
`This is an action under the patent laws of the United States, 35 U.S.C. §§ 1, et seq., for
`
`infringement by RCN of claims of U.S. Patent No. 6,832,249; U.S. Patent No. 6,891,807; U.S.
`
`Patent No. 7,027,465; U.S. Patent No. 7,177,285; U.S. Patent No. 7,463,596; U.S. Patent No.
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`1
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 2 of 24
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`7,760,664; U.S. Patent No. 7,911,979; U.S. Patent No. 8,116,315 and U.S. Patent No. RE44,904.
`
`(collectively “the Patents-in-Suit”).
`
`4.
`
`5.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`RCN is subject to personal jurisdiction of this Court because, inter alia, on information
`
`and belief, (i) RCN maintains a regular and established place of business in New York in this
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`Judicial District at 593 Third Avenue, New York, NY 10016; (ii) RCN sells products and
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`services to customers in this Judicial District; and (iii) the patent infringement claims arise
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`directly from RCN’s continuous and systematic activity in this Judicial District.
`
`6.
`
`Venue is proper as to RCN in this Judicial District under 28 U.S.C. § 1400(b) because,
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`inter alia, on information and belief, RCN has a regular and established place of business in this
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`Judicial District located at 593 Third Avenue, New York, NY 10016, and has committed acts of
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`patent infringement in this Judicial District and/or has contributed to or induced acts of patent
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`infringement by others in this District.
`
`BACKGROUND
`
`7.
`
`On December 14, 2004, the United States Patent and Trademark Office duly and lawfully
`
`issued U.S. Patent No. 6,832,249 (“the ’249 Patent”), entitled “Globally Accessible Computer
`
`Network-Based Broadband Communication System With User-Controllable Quality of
`
`Information Delivery and Flow Priority.” A true and correct copy of the ’249 Patent is attached
`
`hereto as Exhibit A.
`
`8.
`
`On May 10, 2005, the United States Patent and Trademark Office duly and lawfully
`
`issued U.S. Patent No. 6,891,807 (“the ’807 Patent”), entitled “Time Based Wireless Access
`
`Provisioning.” A true and correct copy of the ’807 Patent is attached hereto as Exhibit B.
`
`9.
`
`On April 11, 2006, the United States Patent and Trademark Office duly and lawfully
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`2
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 3 of 24
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`issued U.S. Patent No. 7,027,465 (“the ’465 Patent”), entitled “Method for Contention Free
`
`Traffic Detection.” A true and correct copy of the ’465 Patent is attached hereto as Exhibit C.
`
`10.
`
`On February 13, 2007, the United States Patent and Trademark Office duly and lawfully
`
`issued U.S. Patent No. 7,177,285 (“the ’285 Patent”), entitled “Time Based Wireless Access
`
`Provisioning.” A true and correct copy of the ’285 Patent is attached hereto as Exhibit D.
`
`11.
`
`On December 9, 2008, the United States Patent and Trademark Office duly and lawfully
`
`issued U.S. Patent No. 7,463,596 (“the ’596 Patent”), entitled “Time Based Wireless Access
`
`Provisioning.” A true and correct copy of the ’596 Patent is attached hereto as Exhibit E.
`
`12.
`
`On July 20, 2010, the United States Patent and Trademark Office duly and lawfully
`
`issued U.S. Patent No. 7,760,664 (“the ’664 Patent”), entitled “Determining and Provisioning
`
`Paths in a Network.” A true and correct copy of the ’664 Patent is attached hereto as Exhibit F.
`
`13.
`
`On March 22, 2011, the United States Patent and Trademark Office duly and lawfully
`
`issued U.S. Patent No. 7,911,979 (“the ’979 Patent”), entitled “Time Based Access Provisioning
`
`System and Process. A true and correct copy of the ’979 Patent is attached hereto as Exhibit G.
`
`14.
`
`On February 14, 2012, the United States Patent and Trademark Office duly and lawfully
`
`issued U.S. Patent No. 8,116,315 (“the ’315 Patent”), entitled “System and Method for Packet
`
`Classification.” A true and correct copy of the ’315 Patent is attached hereto as Exhibit H.
`
`15.
`
`On May 20, 2014, the United States Patent and Trademark Office duly and lawfully
`
`reissued U.S. Patent No. RE44,904 (“the ’904 Reissue Patent”), entitled “Method for Contention
`
`Free Traffic Detection.” A true and correct copy of the ’904 Reissue Patent is attached hereto as
`
`Exhibit I.
`
`16.
`
`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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`3
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 4 of 24
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`right to any remedies for infringement of them.
`
`NOTICE
`
`17.
`
`By letter dated April 20, 2020, CommWorks notified RCN of the existence of its patent
`
`portfolio, including the Patents-in-Suit, notified RCN that it infringes the Patents-in-Suit,
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`identified exemplary infringed claims and infringing products and services, and invited RCN to
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`hold a licensing discussion with CommWorks.
`
`18.
`
`As of the date of this Complaint, CommWorks has not received any response from RCN
`
`to its letter.
`
`COUNT I: INFRINGEMENT OF THE ’249 PATENT BY RCN
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`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
`
`On information and belief, RCN has infringed the ’249 Patent, pursuant to 35 U.S.C. §
`
`19.
`
`20.
`
`271(a), literally or under the doctrine of equivalents, by providing services to its customers that
`
`make, use, offer to sell, sell in the United States or import into the United States the Ciena
`
`devices that run Service Aware Operating System (SAOS), as well as Juniper devices running
`
`Junos OS, and other equipment utilizing substantially similar methods of providing broadband
`
`communications over a multi-layered network used by RCN to provide services to its customers
`
`(“Accused Products and Services”).
`
`21.
`
`For example, on information and belief, RCN has infringed and continues to infringe at
`
`least claim 11 of the ’249 Patent by making, using, offering to sell, selling, and/or importing the
`
`Accused Products and Services, which perform a method for providing broadband
`
`communications over a multi-layered network having a plurality of Open System
`
`Interconnection (OSI) reference model layers functioning therein. See Exs. 1-2 (showing that
`
`Ciena devices running Service-Aware Operating Systems (SAOS) facilitate broadband
`
`communications over an OSI model multi-layered network, e.g., a network having at least OSI
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`4
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 5 of 24
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`model layers 2 and 3, and have MPLS Fast Reroute functionality as standardized in IETF RFC
`
`4090); Ex. 9 (showing that Juniper devices running Junos OS facilitate broadband
`
`communications over an OSI model multi-layered network, e.g., a network having at least OSI
`
`model layers 2 and 3, and have MPLS Fast Reroute functionality as standardized in IETF RFC
`
`4090). The method of providing broadband communications over a multi-layered network of
`
`each of the Accused Products and Services comprises monitoring at least one OSI reference
`
`model layer functioning in the multi-layered network. See Ex. 2 (showing that Ciena devices
`
`and Junos OS devices with MPLS Fast Reroute monitor and detect a failure of a node and/or link
`
`associated with the Internet Protocol (IP) layer, i.e., OSI model layer 3, in the communications
`
`network). The method of providing broadband communications over a multi-layered network of
`
`each of the Accused Products and Services further comprises determining that a quality of
`
`service event has occurred in the multi-layered network. See Ex. 2 (showing that Ciena devices
`
`and Junos OS devices with MPLS Fast Reroute determine the occurrence of a quality of service
`
`event, i.e., a failure condition, such as packet loss and/or latency, of a node and/or link associated
`
`with an IP address, thereby affecting network quality of service with particular effect on the
`
`quality of real time application services). The method of providing broadband communications
`
`over a multi-layered network of each of the Accused Products and Services further comprises
`
`determining that the quality of service event occurred at a layer N in the OSI reference model.
`
`Ex. 2 (showing that Junos OS devices and Ciena devices with MPLS Fast Reroute determine that
`
`a node and/or link associated with an IP address has failed in OSI model layer 3 thereby
`
`affecting network quality of service). The method of providing broadband communications over
`
`a multi-layered network of each of the Accused Products and Services further comprises
`
`responding to the quality of service event in the multi-layered network by changing network
`
`5
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 6 of 24
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`provisioning at a layer less than N. See Ex. 2 (showing that Junos OS devices with MPLS Fast
`
`Reroute respond to the quality of service event by changing the provisioning of the data traffic
`
`path at OSI model layer 2 which is less than OSI model layer 3 by switching the routing of
`
`packets to a pre-established backup LSP detour using a one-to-one backup method and/or backup
`
`LSP tunnel using a facility backup method). The method of providing broadband
`
`communications over a multi-layered network of each of the Accused Products and Services
`
`further comprises signaling that the network provisioning at the layer less than N has been
`
`changed. See Ex. 2 (showing that Ciena devices and Junos OS devices with MPLS Fast Reroute
`
`send messages and/or notifications signaling that the data traffic path has changed to the backup
`
`LSP tunnel at OSI model layer 2).
`
`22.
`
`On information and belief, RCN has induced infringement of the ’249 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.
`
`23.
`
`On information and belief, RCN has committed the foregoing infringing activities
`
`without a license.
`
`24.
`
`On information and belief, RCN knew the ’249 Patent existed and knew of exemplary
`
`infringing RCN products and services while committing the foregoing infringing acts thereby
`
`willfully, wantonly and deliberately infringing the ’249 Patent.
`
`COUNT II: INFRINGEMENT OF THE ’807 PATENT BY RCN
`
`25.
`
`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
`
`6
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 7 of 24
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`26.
`
`On information and belief, RCN has infringed the ’807 Patent pursuant to 35 U.S.C. §
`
`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 Linksys E1200 router (included in the “Accused Products and
`
`Services”).
`
`27.
`
`For example, on information and belief, RCN has infringed and continues to infringe at
`
`least claim 17 of the ’807 Patent by making, using, offering to sell, selling, and/or importing the
`
`Accused Products and Services, which include a time based network access provisioning system
`
`between a wireless device and a network. See Ex. 3 (showing RCN Internet Equipment
`
`Options); Ex. 4 (showing that RCN offers the LinksysE1200 router); Ex. 5 and 6 (showing that
`
`Wi-Fi Protected Setup (“WPS”) comprises a time based network access provisioning system
`
`between a wireless device and a network, for example a Wireless Local Area Network
`
`(“WLAN”)). The time based network access provisioning system comprises a network access
`
`point connected to the network, the network access point comprising logic for tracking operation
`
`of the wireless device. See Ex. 6 (showing, for example, that RCN’s WPS access points
`
`comprise logic for tracking operation of a wireless device seeking to join a WLAN domain and
`
`that WPS access points track requests to join the network from a wireless device). The time
`
`based network access provisioning system further comprises logic for provisioning the wireless
`
`device if the operation of the wireless device occurs within an activatible time interval. See Ex.
`
`6 (showing, for example, WPS access points include logic that provision wireless devices if the
`
`WPS button on the wireless device is pressed within 120 seconds of the press (“Walk Time”) of
`
`the WPS button on the access point (activatable time period)).
`
`28.
`
`On information and belief, RCN has induced infringement of the ’807 Patent pursuant to
`
`7
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 8 of 24
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`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.
`
`29.
`
`On information and belief, RCN has committed the foregoing infringing activities
`
`without a license.
`
`30.
`
`On information and belief, RCN knew the ’807 Patent existed and knew of exemplary
`
`infringing RCN 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 RCN
`
`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
`
`On information and belief, RCN has infringed the ’465 Patent pursuant to 35 U.S.C. §
`
`31.
`
`32.
`
`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 Linksys E1200 router (included in the “Accused Products and
`
`Services”).
`
`33.
`
`For example, on information and belief, RCN has infringed and continues to 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 data frames in
`
`a network. See Ex. 3 (showing RCN Internet Equipment Options); Ex. 4 (showing that in the
`
`Linksys E1200 “WMM (Wi-Fi Multi-Media) Support is a wireless QoS feature based on the
`
`IEEE 802.11e standard”); Ex. 6 (showing that in RCN’s WMM compatible Access Points, such
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`8
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 9 of 24
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`as the exemplary Linksys E1200 router, detect the priority of data frames in a network by
`
`mapping to the Access Category (“AC”) of the Enhanced Distributed Channel Access (“EDCA”)
`
`mechanism); see also Ex. 7 (showing another example in which RCN’s 802.11-2007+ compliant
`
`Access Points detect priority data frames in a network by mapping the AC of the EDCA
`
`mechanism). The method for detecting priority of data frames comprises the step of extracting a
`
`bit pattern from a predetermined position in a frame. See Ex. 6 (showing, for example, that in
`
`Wi-Fi enabled modems and routers, 802.11-2007+ compliant Access Points extract a bit pattern
`
`from a predetermined position in a data frame, such as in the QoS Control field); Ex. 7 (same).
`
`The method for detecting priority of data frames further comprises the step of comparing said
`
`extracted bit pattern with a search pattern. See Ex. 6 (showing, for example, that RCN’s WMM
`
`compliant Access Points compare the extracted UP bit pattern with a search pattern, such as the
`
`Access Category (“AC”)); Ex. 7 (showing, for example, that RCN’s 802.11-2007+ compliant
`
`Access Points compare the extracted TID bit pattern User Priority (“UP”) with the Access
`
`Category (“AC”) search pattern). The method for detecting priority of data frames further
`
`comprises the step of identifying a received frame as a priority frame in case said extracted bit
`
`pattern matches with said search pattern. See Ex. 6 (showing, for example, that RCN’s WMM
`
`compliant Access Points identify the priority Access Category (“AC”) of the WMM Data frame
`
`if the UP of said frame matches an AC search pattern); Ex. 7 (showing, for example, that RCN’s
`
`802.11-2007+ compliant Access Points identify the priority Access Category (“AC”) of the data
`
`frame if the TID UP bit pattern matches an AC search pattern). In the method for detecting
`
`priority of data frames, the predetermined position in said frame is defined by the offset of said
`
`bit pattern in said frame. See Ex. 6 (showing, for example, the predetermined position of the
`
`QoS Control field in the frame is defined by the offset of the above bit pattern in the MAC
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`9
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 10 of 24
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`Header of the frame).
`
`34.
`
`On information and belief, RCN has induced infringement of the ’465 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.
`
`35.
`
`On information and belief, RCN has committed the foregoing infringing activities
`
`without a license.
`
`36.
`
`On information and belief, RCN knew the ’465 Patent existed and knew of exemplary
`
`infringing RCN 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 RCN
`
`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
`
`On information and belief, RCN has infringed the ’285 Patent pursuant to 35 U.S.C. §
`
`37.
`
`38.
`
`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 Linksys E1200 router (included in the “Accused Products and
`
`Services”).
`
`39.
`
`For example, on information and belief, RCN 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. 6 (showing that RCN’s WPS access points perform a process for
`
`10
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 11 of 24
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`provisioning between a wireless device and a network, such as a WLAN). The process for
`
`provisioning comprises the step of tracking an operating parameter of the wireless device within
`
`a service area, wherein the operating parameter of the wireless device comprises an onset of a
`
`signal transmission of the wireless device. See Ex. 6 (showing that, for example, WPS access
`
`points monitors Probe Request {WSC IE, PBC}, wherein said Probe Requests include an onset
`
`of a signal transmission and PBC operating parameter in the onset signal Probe Request {WSC
`
`IE PBC} transmitted from an in range wireless device (enrollee) seeking access to the network).
`
`The process for provisioning further comprises the step of initiating provisioning of the wireless
`
`device if the tracked operating parameter occurs within a time interval. See Ex. 6 (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, RCN 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, RCN has committed the foregoing infringing activities
`
`without a license.
`
`42.
`
`On information and belief, RCN knew the ’285 Patent existed and knew of exemplary
`
`infringing RCN products and services while committing the foregoing infringing acts thereby
`
`11
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 12 of 24
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`willfully, wantonly and deliberately infringing the ’285 Patent.
`
`COUNT V: INFRINGEMENT OF THE ’596 PATENT BY RCN
`
`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
`
`On information and belief, RCN 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 services,
`
`such as, for example, the Linksys E1200 router (included in the “Accused Products and
`
`Services”).
`
`45.
`
`For example, on information and belief, RCN 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. 6
`
`(showing, for example, that Wi-Fi Protected Setup (“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 first
`
`device, and an onset of a signal transmission of the first device. See Ex. 6 (showing, for
`
`example, WPS access points track racks the PBC operating parameter of the first device found in
`
`the onset signal of the Probe Request {WSC IE PBC}, where the Probe Request is activated by
`
`pressing a PBC button on the first device (enrollee) that is seeking access to the network). The
`
`process for associating devices further comprises the step of automatically associating the first
`
`device with at least one other device if the tracked operating parameter occurs within a time
`
`interval. See Ex. 6 (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”)).
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`12
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 13 of 24
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`46.
`
`On information and belief, RCN 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, 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, RCN has committed the foregoing infringing activities
`
`without a license.
`
`48.
`
`On information and belief, RCN knew the ’596 Patent existed and knew of exemplary
`
`infringing RCN 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 RCN
`
`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
`
`On information and belief, RCN 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, as well as Juniper Contrail devices, and all other
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`equipment utilizing substantially similar methods of routing traffic used by RCN to provide
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`services to its customers (“Accused Products”).
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`51.
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`For example, on information and belief, RCN has infringed and continues to infringe at
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`least claim 7 of the ’664 Patent by making, using, offering to sell, selling, and/or importing the
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`Accused Products, which perform a method for routing network traffic between a first network
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`and a second network, each of the of the networks comprising a plurality of network elements.
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 14 of 24
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`See Ex. 10 (showing that Ciena’s Blue Planet Manage, Control and Plan (MCP) network
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`configuration management system routes network traffic between two networks wherein each
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`network comprises a plurality of network elements that are connected by a digital cross connect,
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`such as an Multiprotocol Label Switching (MPLS) Tunnel and/or an Ethernet [Virtual] Private
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`Line (EPL/EVPL) Service); Exs. 11-14 (showing that Juniper Contrail Network configures and
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`monitors network traffic between networks and network elements using a digital cross
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`connection, e.g., VXLAN). The plurality of network elements of the Accused Products are
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`connected by a digital cross connect. See Exs. 10-14. The method for routing network traffic of
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`each of the Accused Products comprises the step of determining, with a network configuration
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`management system, the interconnections created by said digital cross connect between at least
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`two network elements in said plurality of network elements. Ex. 10 (showing that Ciena’s Blue
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`Planet MCP network configuration management system configures MPLS Tunnels-and/or
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`EPL/EVPL Services between at least two network elements, e.g., Ciena 5150, 8700, and/or 3930
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`devices, which includes determining the interconnections between the network elements); Exs.
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`14-15 (showing that Juniper Contrail determines and/or configures digital cross connections
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`between network elements in different networks using VXLAN tunneling). The method for
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`routing network traffic of each of the Accused Products further comprises representing each of
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`said interconnections as a link between said at least two network elements. See Ex. 10 (showing
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`that Ciena’s Blue Planet represents the MPLS tunnel as a link between network elements, for
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`example, the Ciena 8700-1 device on the first network and the Ciena 8700-3 device on the
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`second network); Exs. 14 and 16 (showing that Juniper Contrail represents the interconnections
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`between the network elements as a link (VXLAN tunnel)). 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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`14
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 15 of 24
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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); Ex. 16 (showing that Juniper Contrail stores the status, e.g., connection status, the
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`VXLAN tunnel between networking elements in different networks).
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`52.
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`On information and belief, RCN has induced infringement of the ’664 Patent pursuant to
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`35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and encouraging
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`others, including, but not limited to, its partners, customers, and end users, to use, sell, and/or
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`offer to sell in the United States, and/or import into the United States, the Accused Products and
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`Services by, among other things, providing the Accused Products and Services, specifications,
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`instructions, manuals, advertisements, marketing materials, and technical assistance relating to
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`the installation, set up, use, operation, and maintenance of said products.
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`53.
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`On information and belief, RCN has committed the foregoing infringing activities
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`without a license.
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`54.
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`On information and belief, RCN knew the ’664 Patent existed and knew of exemplary
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`infringing RCN products and services while committing the foregoing infringing acts thereby
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`willfully, wantonly and deliberately infringing the ’664 Patent.
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`COUNT VII: INFRINGEMENT OF THE ’979 PATENT BY RCN
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`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
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`On information and belief, RCN 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, selling,
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`and/or importing into the United States Wi-Fi enabled modems and routers and Wi-Fi services,
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`such as, for example, the Linksys E1200 router (included in the “Accused Products and
`
`15
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`Case 1:20-cv-07534 Document 1 Filed 09/14/20 Page 16 of 24
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`Services”).
`
`57.
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`For example, on information and belief, RCN has infringed and continues to infringe at
`
`least claim 1 of the ’979 Patent by making, using, offering to sell, selling, and/or importing the
`
`Accused Products and Services, which include a provisioning process performed by a
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`provisioning system having provisioning logic. See Ex. 6 (showing, for example, that WPS
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`access points, such as the exemplary Linksys E1200 router, include a provisioning system having
`
`a provisioning logic (i.e. software and/or hardware components used to implement) that performs
`
`the PushButton Configuration (“PBC”) provisioning process). The provisioning process of the
`
`Accused Products and Services comprises tracking by the provisioning logic, an operating
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`parameter of a first device, wherein the operating parameter of the first device comprises an
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`onset of a signal transmission of the first device. See Ex. 6 (showing, for example, RCN’s WPS
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`access point’s provisioning logic, i.e., Interface E, monitors a PBC operating parameter, such as
`
`an onset of a Probe Request {WSC IE PBC} sent by the first device (enrollee)). The
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`provisioning process of the Accused Products and Services further comprises sending a signal to
`
`initiate provisioning of the first device with a network if the tracked operating parameter occurs
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`within a designated time interval. See Ex. 6 (showing that, for example, RCN’s WPS access
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`point’s provisioning logic