Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 1 of 63
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`JAWBONE INNOVATIONS, LLC,
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`
`Plaintiff,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`§
`Case No. 6:21-cv-00985-ADA
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`§
`JURY TRIAL DEMANDED
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`§
`§
`§
`§
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`§
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`v.
`
`
`GOOGLE LLC,
`
`
`Defendant.
`
`
`
`
`
`Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) for its Amended Complaint
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`against Defendant Google LLC (“Google” or “Defendant”), for patent infringement under 35
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`U.S.C. § 271, alleges as follows:
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`THE PARTIES
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`1.
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`Jawbone is a corporation organized and existing under the laws of the State of
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`Texas, with its principal place of business located at 2226 Washington Avenue, Suite Number 1,
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`Waco, Texas 76701. Jawbone is in the business of developing software products, including
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`products that exploit the technology disclosed in its patent portfolio.
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`2.
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`Google is a Delaware corporation and maintains its principal place of business
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`located at 1600 Amphitheatre Parkway, Mountain View, California 94043, and may be served with
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`process through its registered agent, Corporation Service Company at 251 Little Falls Drive,
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`Wilmington, Delaware 19808.
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`3.
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`Upon information and belief, Google does business in Texas, directly or through
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`intermediaries, and offers its products and/or services, including those accused herein of
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`infringement, to customers and potential customers located in Texas, including in this Judicial
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`District.
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`4.
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`On information and belief, Google maintains regular and established places of
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`business within this Judicial District including at least the following locations: 500 West 2nd
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`Street, Austin, Texas 78701 and 110 East Houston Street, #300, San Antonio, Texas 78205. Upon
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`information and belief, Defendant employs individuals in this Judicial District involved in the sales
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`and marketing of its products.
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`JURISDICTION AND VENUE
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`5.
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`This is an action for patent infringement arising under the patent laws of the United
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`States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a).
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`6.
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`This Court has personal jurisdiction over Defendant. Defendant regularly conducts
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`business and has committed acts of patent infringement within this Judicial District that give rise
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`to this action and has established minimum contacts with this forum, such that exercise of
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`jurisdiction over Google would not offend traditional notions of fair play and substantial justice.
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`Google has committed and continues to commit acts of infringement in this Judicial District by,
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`among other things, offering to sell, selling, using, importing, and making products and services
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`that infringe the asserted patents. Google has further induced acts of patent infringement by others
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`in this Judicial District and/or has contributed to patent infringement by others in this Judicial
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`District, the State of Texas, and elsewhere in the United States.
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`7.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`Google is registered to do business in Texas and, upon information and belief, Google has
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`transacted business in this Judicial District and has committed acts of direct and indirect
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`2
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`infringement in the Western District of Texas. Google has regular and established places of
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`business in this Judicial District as set forth above.
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`8.
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`Google is subject to this Court’s jurisdiction pursuant to due process and the Texas
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`Long Arm Statute due at least to its substantial business in this State and Judicial District, including
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`(a) at least part of its past infringing activities, (b) regularly doing or soliciting business in Texas,
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`and/or (c) engaging in persistent conduct and/or deriving substantial revenue from goods and
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`services provided to customers in Texas.
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`FACTUAL BACKGROUND
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`9.
`
`On September 13, 2011, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,019,091 (the “’091 Patent”) entitled “Voice activity detector
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`(VAD)-based multiple-microphone acoustic noise suppression.” A true and correct copy of the
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`’091 Patent is attached hereto as Exhibit A.
`
`10.
`
`On July 17, 2007, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 7,246,058 (the “’058 Patent”) entitled “Detecting Voiced and Unvoiced
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`Speech Using Both Acoustic and Nonacoustic Sensors.” A true and correct copy of the ’058 Patent
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`is attached hereto as Exhibit B.
`
`11.
`
`On October 2, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,280,072 (the “’072 Patent”) entitled “Microphone Array with Rear
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`Venting.” A true and correct copy of the ’072 Patent is attached hereto as Exhibit C.
`
`12.
`
`On November 27, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,321,213 (the “’213 Patent”) entitled “Acoustic Voice Activity
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`Detection (AVAD) for Electronic Systems.” A true and correct copy of the ’213 Patent is attached
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`hereto as Exhibit D.
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`3
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`13.
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`On December 4, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,326,611 (the “’611 Patent”) entitled “Acoustic Voice Activity
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`Detection (AVAD) for Electronic Systems.” A true and correct copy of the ’611 Patent is attached
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`hereto as Exhibit E.
`
`14.
`
`On September 15, 2020, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,779,080 (the “’080 Patent”) entitled “Dual Omnidirectional
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`Microphone Array (DOMA).” A true and correct copy of the ’080 Patent is attached hereto as
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`Exhibit F.
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`15.
`
`On September 14, 2021, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 11,122,357 (the “’357 Patent”) entitled “Forming Virtual
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`Microphone Arrays Using Dual Omnidirectional Microphone Array (DOMA).” A true and correct
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`copy of the ’357 Patent is attached hereto as Exhibit G.
`
`16.
`
`On June 18, 2013, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,467,543 (the “’543 Patent”) entitled “Microphone and Voice Activity
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`Detection (VAD) Configurations for Use with Communications Systems.” A true and correct copy
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`of the ’543 Patent is attached hereto as Exhibit H.
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`17.
`
`On August 6, 2013, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,503,691 (the “’691 Patent”) entitled “Virtual Microphone Arrays Using
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`Dual Omnidirectional Microphone Array (DOMA).” A true and correct copy of the ’691 Patent is
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`attached hereto as Exhibit I.
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`18.
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`Jawbone is the sole and exclusive owner of all right, title, and interest to and in the
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`’091 Patent, ’058 Patent, ’072 Patent, ’213 Patent, ’611 Patent, ’080 Patent, ’357 Patent,’543
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`Patent, and the ’691 Patent (together, the “Patents-in-Suit”), and holds the exclusive right to take
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`4
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`all actions necessary to enforce its rights to the Patents-in-Suit, including the filing of this patent
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`infringement lawsuit. Jawbone also has the right to recover all damages for past, present, and future
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`infringement of the Patents-in-Suit and to seek injunctive relief as appropriate under the law.
`
`19.
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`The technology of the Patents-in-Suit was developed by Jawbone, Inc., which was
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`originally founded in 1998 as AliphCom, Inc. (“AliphCom”). AliphCom set out to develop a noise
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`reducing headset that would allow soldiers to communicate better in combat conditions. In 2002,
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`AliphCom won a contract with the Defense Advanced Research Projects Agency to research noise
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`suppression techniques for the United States military.
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`20.
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`AliphCom launched a mobile headset called the “Jawbone” in 2004. The
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`“Jawbone” included the innovative noise-suppression technology that AliphCom developed for
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`the military. This technology virtually eliminated background noise while increasing the volume
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`of the speakers’ voices. AliphCom followed with a Bluetooth version of the “Jawbone” in 2008
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`which was sold in the Apple Store.
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`21.
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`On the heels of the success of the “Jawbone” products, AliphCom changed its name
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`to Jawbone, Inc. in 2011 and later expanded its product offerings into Bluetooth speakers and
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`wearables, such as health tracking devices. Unfortunately, due to the intensely competitive
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`marketplace, Jawbone, Inc. was forced into liquidation in 2017.
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`22.
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`Upon information and belief, Google has extensive knowledge of Jawbone’s patent
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`portfolio and pursued investment in, or acquisition of, Jawbone, Inc., on at least one occasion since
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`January 2015.1
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`1 See e.g. https://www.fiercehealthcare.com/mobile/jawbone-may-be-next-big-connected-device-
`investment-for-google
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`5
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`23.
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`Following Jawbone, Inc.’s liquidation, “[a] host of technology companies,
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`including Apple, Samsung, Google, LG, and Fitbit [were] identified as potential buyers of
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`Jawbone’s US Patents.”2 Upon information and belief, Envision IP (and other parties) contacted
`
`Google regarding the value of the Patents-in-Suit, including regarding Google’s infringement of
`
`the Patents-in-Suit. Upon information and belief, Google was notified that the Accused Products
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`infringe the Patents-in-Suit, and/or otherwise became aware of the Patents-in-Suit and recognized
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`that the Accused Products infringe the Patents-in-Suit at least as of 2017.
`
`24.
`
`In 2015 Jawbone, Inc. hired Sameer Samat as President. Mr. Samat was previously
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`Vice President of shopping and travel products at Google.3 As President of Jawbone, Inc., Mr.
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`Samat was “in charge of product and engineering, including product development, product
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`management and business development, software engineering, design and product experience and
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`the CTO org.”4
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`25.
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`As President of Jawbone, Inc., Mr. Samat had knowledge of and was responsible
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`for Jawbone, Inc.’s intellectual property holdings and strategy, including Jawbone Inc.’s patents.
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`26.
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`In January of 2016, Mr. Samat left Jawbone, Inc. and returned to Google as Vice
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`President, Product Management. On information and belief, Google became aware of at least the
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`’091, ’072, ’691, ’543, ’058, and ’611 Patents at that time.
`
`27.
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`On information and belief, the co-inventor of the ’091 Patent, Eric Breitfeller, is a
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`current Google employee.5 On information and belief, Google learned of at least the ’091 Patent
`
`
`2 https://www.worldipreview.com/news/apple-google-and-fitbit-touted-to-acquire-jawbone-
`patents-14322
`3 https://www.vox.com/2015/5/11/11562528/jawbone-hires-google-commerce-head-sameer-
`samat-as-president
`4 Id.
`5 https://www.researchgate.net/profile/Eric-Breitfeller
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`6
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`when Mr. Breitfeller began working at Google. On information and belief, Google, as a
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`sophisticated technical company, investigated other patents invented by the co-inventor of the ’091
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`Patent, and discovered the other Patents-in-Suit at that time.
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`The ’357 Patent is a continuation of the ’691 Patent.
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`The ’080 Patent claims priority to the same provisional applications as the ’691
`
`28.
`
`29.
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`Patent.
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`30.
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`On information and belief, Google, as a sophisticated technology company, upon
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`becoming aware of the ’691 Patent, monitored Jawbone’s related patent filings and became aware
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`of the ’080 and ’357 Patents when they issued on September 15, 2020 and September 14, 2021,
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`respectively.
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`31.
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`On information and belief, Google, as a sophisticated technology company,
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`analyzed each of the Patents-in-Suit when it became aware of the patent and determined how its
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`products infringed at that time.
`
`32.
`
`Google has further been aware of the ’091, ’072, ’543, ’058, ’611, ’080, and ’357
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`Patents at least as early as the filing of the original Complaint in this case on September 23, 2021.
`
`33.
`
`Google has further had notice of how it infringes the ’091, ’072, ’543, ’058, ’611,
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`’080, and ’357 Patents at least as early as the filing of the original Complaint in this case on
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`September 23, 2021.
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`INFRINGEMENT ALLEGATIONS
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`34.
`
`The ’091 and ’058 Patents generally describe acoustic noise suppression with a
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`voice activity detector that senses vibration in human tissue associated with voicing activity. The
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`technology of the ’091 was developed by Dr. Gregory C. Burnett and Eric F. Breitfeller. The
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`technology of the ’058 Patent was developed by Dr. Gregory C. Burnett. The ’091 and ’058 Patents
`
`7
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`also describe techniques for generating transfer functions and cross correlations representative of
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`acoustic signals when voicing activity is absent, providing improved noise suppression. Some
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`embodiments of the invention include a microphone array with one microphone which primarily
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`captures sound (e.g., speech) and one which primarily captures unwanted noise, both of which
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`provide signals to a noise removal algorithm.
`
`35.
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`The noise removal algorithm may also receive physiological information from a
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`voice activity detector (e.g., an accelerometer) to detect when a user is speaking. Such a voice
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`activity detection signal may be assumed to be perfectly accurate, yielding substantial
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`improvements when applied to the noise removal algorithm. For example, the noise removal
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`algorithm may remove noise by calculating one transfer function when the system is certain that
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`only noise is being received, and another transfer function when the system is certain that speech
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`is being produced. The noise removal algorithm may further improve noise suppression in
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`situations with multiple noise sources by combining such transfer functions into additional transfer
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`functions representative of a ratio of energies received at different microphones. By taking
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`advantage of perfect voice activity detection and transfer functions representative of a ratio of
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`energies received at different microphones, the noise removal algorithm may effectively remove
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`noise from a signal no matter how many noise sources are present. The invention thereby provides
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`significant advantages for noise suppression systems, particularly in detecting, transmitting, or
`
`recording speech.
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`36.
`
`Google has manufactured, used, marketed, distributed, sold, offered for sale,
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`exported from, and imported into the United States, products that infringe the ’091 and ’058
`
`Patents. For example, noise suppression techniques are incorporated into Google products with
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`voice activity detection devices including, but not limited to, Google ear buds and smartphones.
`
`8
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`For example, this functionality is included and utilized in the Google Pixel Buds. The Pixel Buds
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`include “uniquely placed beamforming mics and voice accelerometer [to] deliver crystal-clear
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`calls even in noisy environments.”6 Upon information and belief, the “voice accelerometer” of the
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`Pixel Buds comprises at least a “motion-detecting accelerometer and gyroscope” which detect
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`vibration in human tissue.7 Upon information and belief, the beamforming microphone array of
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`the Pixel Buds generate transfer functions representative of a ratio of energy of the acoustic signals
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`received at each microphone.
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`8
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`
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`37.
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`The ’072 Patent generally describes acoustic noise suppression with an array of
`
`physical microphones which forms an array of virtual microphones. The technology was
`
`developed by Dr. Gregory C. Burnett. The ’072 Patent also describes noise suppression with
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`physical omnidirectional microphones, and virtual directional microphones. In some embodiments
`
`of the invention, a greater number of physical microphones may be used to form a smaller number
`
`
`6 https://support.google.com/googlepixelbuds/answer/7545575?hl=en
`7 https://store.google.com/us/product/pixel_buds_specs
`8 https://store.google.com/us/product/pixel_buds
`
`9
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`of virtual microphones, which are combined into an output signal with less acoustic noise than the
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`received acoustic signals. The resulting virtual microphones may further be combined by applying
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`transfer functions representative of a ratio of energies between physical microphones, outputting
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`a signal with greatly reduced noise. The invention provides significant advantages for noise
`
`suppression systems, particularly in detecting, transmitting, or recording speech.
`
`38.
`
`Google has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’072 Patent. For
`
`example, this functionality is included and utilized in Google products with omnidirectional
`
`physical MEMs microphones which form virtual beamformed microphones including, but not
`
`limited to, Google ear buds, smart phones, tablets, wearables, and smart home devices. For
`
`example, upon information and belief, the Google Pixel Buds earbuds comprise arrays of at least
`
`four physical microphones and two beamformed microphones, the outputs of which are combined
`
`to reduce the noise of a signal. Google states that the Pixel Buds use “uniquely placed beamforming
`
`mics and voice accelerometer [to] deliver crystal-clear calls even in noisy environments.”9
`
`
`9 https://support.google.com/googlepixelbuds/answer/7545575?hl=en
`
`10
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`10
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`39.
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`The ’611 and ’213 Patents generally describe acoustic voice activity detection
`
`based on a ratio of energies between virtual microphones formed by an array of physical
`
`microphones. The technology of the ’611 and ’213 Patents was developed by Dr. Gregory C.
`
`Burnett, Nicholas Petit, and Zhinian Jing. In some embodiments of the invention, a first virtual
`
`
`10 https://store.google.com/us/product/pixel_buds
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`11
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`microphone may be generated by summing the outputs of a first physical microphone processed
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`with a delay filter, and a second physical microphone processed with a calibration filter and an
`
`adaptive filter, while a second virtual microphone may be generated by summing the outputs of a
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`first physical microphone processed with an adaptive filter and a delay filter, and a second physical
`
`microphone processed with a calibration filter. Accordingly, the invention provides virtual
`
`microphones with similar noise response magnitudes, but very dissimilar speech response
`
`magnitudes. A ratio of energies between the virtual microphones may further be compared to a
`
`threshold to detect when voicing activity is occurring. The invention of the ’611 and ’213 Patents
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`provides significant improvements in noise suppression, including by enabling accurate voice
`
`activity detection with a microphone array.
`
`40.
`
`Google has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’213 and ’611
`
`Patents. For example, this functionality is included and utilized in Google products which use
`
`virtual microphones formed by physical microphones to detect a wake word including, but not
`
`limited to, Google ear buds, smart phones, tablets, wearables, and smart home devices. For
`
`example, upon information and belief, the Google Nest forms an array of virtual microphones,
`
`such as by implementing a form of filter-and-sum beamforming. Upon information and belief, the
`
`Google Nest detects user speech, such as a “Hey Google” wake word, by comparing a ratio of
`
`energies (e.g., amplitudes), of the beamformed microphones to a threshold.
`
`12
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`11
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`41.
`
`The ’080 Patent generally describes noise suppression with an array of
`
`omnidirectional microphones that form virtual microphones with a similar noise response and a
`
`dissimilar speech response. The technology of the ’080 Patent was developed by Dr. Gregory C.
`
`Burnett. The ’080 Patent also describes a dual omnidirectional microphone array that forms two
`
`distinct virtual microphones that can be paired with an adaptive filter and/or VAD algorithm to
`
`significantly reduce noise without distorting speech, thereby improving the signal-to-noise ratio of
`
`the desired speech. In some embodiments, output of each physical microphone can be delayed,
`
`multiplied by a gain, and summed with the other in order to form at least one virtual microphone,
`
`which may be paired with an adaptive filter and/or VAD algorithm to suppress noise. The invention
`
`of the ’080 Patent provides substantial advantages for noise suppression systems, particularly in
`
`detecting, transmitting, or recording speech.
`
`
`11 Li et al., Neural Network Adaptive Beamforming for Robust Multichannel Speech
`Recognition,
`https://static.googleusercontent.com/media/research.google.com/en//pubs/archive/45399.pdf
`
`13
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`42.
`
`Google has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’080 Patent. For
`
`example, this functionality is included and utilized in Google products with omnidirectional
`
`physical MEMS microphones which form virtual beamformed microphones including, but not
`
`limited to, Google ear buds, smart phones, tablets, wearables, and smart home devices. For
`
`example, upon information and belief, each Google Pixel Buds earbud comprises two physical
`
`omnidirectional microphones, and a processing component coupled to the microphone array
`
`generating two beamformed virtual microphones. On information and belief, the processing
`
`component generates beamformed microphones with different first and second combinations of
`
`output signals from the physical microphone array, wherein the virtual microphones have a similar
`
`noise response and a dissimilar speech response.
`
`43.
`
`The ’357 and ’691 Patents generally describe acoustic noise suppression with an
`
`array of physical microphones which forms an array of virtual microphones. The technology was
`
`developed by Dr. Gregory C. Burnett. The ’357 and ’691 Patents also describe noise suppression
`
`with physical omnidirectional microphones and virtual directional microphones. The physical
`
`and/or virtual microphone signals may be combined by filtering and summing in the time domain
`
`to apply a varying linear transfer function, suppressing noise in the output signal. The invention
`
`provides significant advantages for noise suppression systems, particularly in detecting,
`
`transmitting, or recording speech.
`
`44.
`
`Google has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’357 and ’691
`
`Patents. For example, this functionality is included and utilized in Google products with physical
`
`MEMS microphones which form virtual beamformed microphones including, but not limited to,
`
`14
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`Google ear buds, smart phones, tablets, wearables, and smart home devices. For example, upon
`
`information and belief, the Google Pixel Buds earbuds comprise arrays of physical microphones,
`
`the outputs of which are combined into beamformed microphones to reduce the noise of a signal.
`
`On information and belief, the Pixel Buds combine the outputs the signals generated by the
`
`beamforming microphone array of each earbud to further reduce noise.
`
`45.
`
`The ’543 Patent generally describes communications systems comprising a voice
`
`detection subsystem and a denoising subsystem. The technology of the ’543 Patent was developed
`
`by Dr. Gregory C. Burnett, Nicholas Petit, Alexander M. Asseily, and Andrew E. Einaudi. The
`
`’543 Patent also describes microphone configurations wherein a first microphone is oriented
`
`toward a talker’s mouth, and a second microphone is oriented away from a talker’s mouth, such
`
`that the denoising subsystem may subtract noise associated with noise from an acoustic signal that
`
`includes speech and noise. In some embodiments of the invention, the denoising system selects a
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`denoising method appropriate to data of at least one frequency subband of acoustic signals,
`
`generates noise waveform estimate, and subtracts the noise waveform estimate from signals
`
`including speech and noise when the voice detection subsystem indicates voicing activity is
`
`occurring. The invention provides significant advantages for noise suppression systems,
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`particularly in detecting, transmitting, or recording speech.
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`46.
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`Google has manufactured, used, marketed, distributed, sold, offered for sale,
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`exported from, and imported into the United States, products that infringe the ’543 Patent. For
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`example, noise suppression techniques are incorporated into Google products with voice activity
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`detection devices including, but not limited to, Google ear buds and smartphones. For example,
`
`this functionality is included and utilized in the Google Pixel Buds. The Pixel Buds include
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`“uniquely placed beamforming mics and voice accelerometer [to] deliver crystal-clear calls even
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`in noisy environments.”12 Upon information and belief, the “voice accelerometer” of the Pixel
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`Buds comprises at least a “motion-detecting accelerometer and gyroscope” which detects vibration
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`in human tissue.13 At least one microphone of the Google Pixel Buds Pro (e.g. the lower
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`microphone) is oriented towards a user’s mouth, while at least one microphone is oriented away
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`from a user’s mouth. Similarly, the Google Pixel 5 comprises multiple beamforming microphones
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`and an accelerometer which, upon information and belief, is utilized for speech detection. At least
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`one microphone of the Google Pixel 5 is oriented towards the user’s mouth, while at least one
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`microphone is oriented away from the user’s mouth. On information and belief, the accelerometers
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`of the Accused Products detect vibration in human tissue and work together to attenuate
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`background noise and while detecting speech.
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`47.
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`Google has infringed and is continuing to infringe the Patents-in-Suit by making,
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`using, selling, offering to sell, and/or importing, and by actively inducing others to make, use, sell,
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`offer to sell, and/or import, Accused Products that comprise and utilize infringing microphone
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`and/or wireless proximity sensing functionality. The Accused Products include, but are not limited
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`to, all versions and variants of Google smartphones (e.g., Pixel, Nexus, Android One, Play Edition
`
`series products) tablets and/or notebooks (e.g., Pixel Slate and Pixelbook series products), earbuds
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`(e.g., Pixel Buds series products), smart home devices (e.g., Google Home and Nexus series
`
`products), and other Android Devices with Google Assistant functionality.
`
`48.
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`Jawbone has at all times complied with the marking provisions of 35 U.S.C. § 287
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`with respect to the Patents-in-Suit. On information and belief, prior assignees and licensees have
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`also complied with the marking provisions of 35 U.S.C. § 287.
`
`
`12 https://support.google.com/googlepixelbuds/answer/7545575?hl=en
`13 https://store.google.com/us/product/pixel_buds_specs
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`COUNT I
`(Infringement of the ’091 Patent)
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`49.
`
`50.
`
`Paragraphs 1 through 48 are incorporated by reference as if fully set forth herein.
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`Jawbone has not licensed or otherwise authorized Google to make, use, offer for
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`sale, sell, or import any products that embody the inventions of the ’091 Patent.
`
`51.
`
`Defendant has and continues to directly infringe the ’091 Patent, either literally or
`
`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, offering to sell, selling, and/or importing into the United States products that satisfy each
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`and every limitation of one or more claims of the ’091 Patent. Upon information and belief, these
`
`products include at least the Accused Products, such as those which comprise a microphone array
`
`and a voice activity detector. The Accused Products include, but are not limited to, all versions
`
`and variants of Google smartphones (e.g., Pixel, Nexus, Android One, Play Edition series
`
`products) and earbuds (e.g., Pixel Buds series products).
`
`52.
`
`For example, Defendant has and continues to directly infringe at least claim 11 of
`
`the ’091 Patent by making, using, offering to sell, selling, and/or importing into the United States
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`products that comprise a system for removing acoustic noise from the acoustic signals, comprising:
`
`a receiver that receives at least two acoustic signals via at least two acoustic microphones
`
`positioned in a plurality of locations; at least one sensor that receives human tissue vibration
`
`information associated with human voicing activity of a user; a processor coupled among the
`
`receiver and the at least one sensor that generates a plurality of transfer functions, wherein the
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`plurality of transfer functions includes a first transfer function representative of a ratio of energy
`
`of acoustic signals received using at least two different acoustic microphones of the at least two
`
`acoustic microphones, wherein the first transfer function is generated in response to a
`
`determination that voicing activity is absent from the acoustic signals for a period of time, wherein
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`the plurality of transfer functions includes a second transfer function representative of the acoustic
`
`signals, wherein the second transfer function is generated in response to a determination that
`
`voicing activity is present in the acoustic signals for the period of time, wherein acoustic noise is
`
`removed from the acoustic signals using the first transfer function and at least one combination of
`
`the first transfer function and the second transfer function to produce the denoised acoustic data
`
`stream.
`
`53.
`
`The Accused Products comprise a system for removing acoustic noise from
`
`acoustic signals. For example, the Google Pixel Buds use “uniquely placed beamforming mics and
`
`[a] voice accelerometer [to] deliver crystal-clear calls even in noisy environments.”
`
`54.
`
`The Accused Products further comprise a receiver that receives at least two acoustic
`
`signals via at least two acoustic microphones positioned in a plurality of locations. For example,
`
`upon information and belief, the Pixel Buds comprise a receiver that receives signals via a dual
`
`microphone array, with at least two microphones positioned in a plurality of locations.14
`
`
`
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`14 https://store.google.com/us/product/pixel_buds
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`15
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`55.
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`The Accused Products further comprise at least one sensor that receives human
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`tissue vibration info