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Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 1 of 111 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`OPTIS WIRELESS TECHNOLOGY, LLC,
`OPTIS CELLULAR TECHNOLOGY, LLC,
`UNWIRED PLANET, LLC,
`UNWIRED PLANET INTERNATIONAL
`LIMITED, AND
`PANOPTIS PATENT MANAGEMENT, LLC
`
`Civil Action No. 2:19-cv-66
`
`JURY TRIAL REQUESTED
`
`Plaintiffs,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`ORIGINAL COMPLAINT
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 2 of 111 PageID #: 2
`
`Plaintiffs Optis Wireless Technology, LLC, Optis Cellular Technology, LLC, Unwired
`
`Planet, LLC, Unwired Planet International Limited, and PanOptis Patent Management, LLC
`
`(collectively and/or individually referred to as the “Plaintiff(s)” herein) file this Complaint
`
`against Apple Inc. (“Apple”), and allege as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`The Plaintiffs have repeatedly negotiated with Apple to reach an agreement for a
`
`global FRAND license to the Plaintiffs’ patent portfolios which Apple is infringing. For
`
`example, Apple has infringed and continues to infringe, contribute to the infringement of, and/or
`
`actively induce others to infringe U.S. Patent Nos. 8,005,154 (“the ’154 patent”), 8,019,332 (“the
`
`’332 patent”), 8,385,284 (“the ’284 patent”), 8,411,557 (“the ’557 patent”), 9,001,774 (“the ’774
`
`patent”), 8,102,833 (“the ’833 patent”), and 8,989,290 (“the ’290 patent”) (collectively, “the
`
`Asserted Patents” or “the Patents-in-Suit”).
`
`2.
`
`The negotiations have been unsuccessful because Apple refuses to pay a FRAND
`
`royalty for a license to the Plaintiffs’ patents. Therefore, the Plaintiffs file this Complaint
`
`seeking a judgment of and relief for patent infringement by Apple.
`
`PARTIES
`
`3.
`
`Plaintiff Optis Wireless Technology, LLC (“Optis Wireless”) is a limited liability
`
`company organized and existing under the laws of the State of Delaware, and maintains its
`
`principal place of business at 7160 Dallas Parkway, Suite 250, Plano, TX 75024.
`
`4.
`
`Plaintiff Optis Cellular Technology, LLC (“Optis Cellular”) is a limited liability
`
`company organized and existing under the laws of the State of Delaware, and maintains its
`
`principal place of business at 7160 Dallas Parkway, Suite 250, Plano, TX 75024.
`
`1
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 3 of 111 PageID #: 3
`
`5.
`
`Plaintiff PanOptis Patent Management, LLC (“PPM”) is a limited liability
`
`company organized and existing under the laws of the State of Delaware, and maintains its
`
`principal place of business at 7160 Dallas Parkway, Suite 250, Plano, TX 75024.
`
`6.
`
`Plaintiff Unwired Planet, LLC (“Unwired Planet”) is a limited liability company
`
`organized and existing under the laws of Nevada, and is located at 7160 Dallas Pkwy., Ste. 250,
`
`Plano, TX 75024.
`
`7.
`
`Plaintiff Unwired Planet International Limited (“Unwired Planet International”) is
`
`a company organized under the laws of Ireland, and is located at Unit 32, Hyde Bldg., The Park,
`
`Carrickmines, Dublin 18, Ireland.
`
`8.
`
`Defendant Apple Inc. is a California corporation with its principal place of
`
`business at 1 Infinite Loop, Cupertino, California 95014. Apple designs, manufactures, uses,
`
`imports into the United States, sells, and/or offers for sale in the United States smartphones,
`
`tablets, smartwatches, and other mobile computing devices that operate over the 4G (LTE)
`
`cellular standard. Apple’s devices are marketed, offered for sale, and/or sold throughout the
`
`United States, including within this District.
`
`JURISDICTION AND VENUE
`
`9.
`
`Within the United States, this Court has subject matter jurisdiction over this case
`
`under 28 U.S.C. §§ 1331, 1332, 1338, and 1367.
`
`10.
`
`11.
`
`12.
`
`The amount in controversy exceeds $75,000.
`
`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`This Court has personal jurisdiction over Apple. Apple has continuous and
`
`systematic business contacts with the State of Texas. Apple, directly or through subsidiaries or
`
`intermediaries (including distributors, retailers, and others), conducts its business extensively
`
`2
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 4 of 111 PageID #: 4
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`throughout Texas, by shipping, distributing, offering for sale, selling, and advertising (including
`
`the provision of interactive web pages) its products and services in the State of Texas and the
`
`Eastern District of Texas. Apple, directly and through subsidiaries or intermediaries (including
`
`distributors, retailers, and others), has purposefully and voluntarily placed its infringing products
`
`and services into this District and into the stream of commerce with the intention and expectation
`
`that they will be purchased and used by consumers in this District. Apple has offered and sold
`
`and continues to offer and sell these infringing products and services in this District, including at
`
`physical Apple stores located within this District. Apple has also directed communications in
`
`connection with negotiations with the Plaintiffs into the Eastern District of Texas. Apple has
`
`committed acts of infringement in this judicial district and has a regular and established place of
`
`business in this judicial district.
`
`THE ASSERTED PATENTS
`
`13.
`
`On August 23, 2011, the ’154 patent was duly and legally issued for an invention
`
`titled, “Method and Apparatus for Transmitting and Receiving Shared Control Channel Message
`
`in a Wireless Communication System Using Orthogonal Frequency Division Multiple Access.”
`
`The Plaintiffs own all rights to the ’154 patent necessary to bring this action.
`
`14.
`
`On September 13, 2011, the ’332 patent was duly and legally issued for an
`
`invention titled, “Method for Transmitting and Receiving Control Information through PDCCH.”
`
`The Plaintiffs own all rights to the ’332 patent necessary to bring this action.
`
`15.
`
`On February 26, 2013, the ’284 patent was duly and legally issued for an
`
`invention titled, “Control Channel Signaling Using a Common Signaling Field for Transport
`
`Format and Redundancy Version.” The Plaintiffs own all rights to the ’284 patent necessary to
`
`bring this action.
`
`3
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 5 of 111 PageID #: 5
`
`16.
`
`On April 2, 2013, the ’557 patent was duly and legally issued for an invention
`
`titled, “Mobile Station Apparatus and Random Access Method.” The Plaintiffs own all rights to
`
`the ’557 patent necessary to bring this action.
`
`17.
`
`On April 7, 2015, the ’774 patent was duly and legally issued for an invention
`
`titled, “System and Method for Channel Estimation
`
`in a Delay Diversity Wireless
`
`Communication System.” The Plaintiffs own all rights to the ’744 patent necessary to bring this
`
`action.
`
`18.
`
`On January 24, 2012, the ’833 patent was duly and legally issued for an invention
`
`titled, “Method for Transmitting Uplink Signals.” The Plaintiffs own all rights to the ’833 patent
`
`necessary to bring this action.
`
`19.
`
`On March 24, 2015, the ’290 patent was duly and legally issued for an invention
`
`titled, “Mode switching between SU-MIMO and MU-MIMO.” The Plaintiffs own all rights to
`
`the ’290 patent necessary to bring this action.
`
`20.
`
`The Plaintiffs exclusively own all rights, title, and interest in the Patents-in-Suit
`
`necessary to bring this action, including the right to recover past and future damages. Apple is
`
`not currently licensed to practice the Patents-in-Suit.
`
`21.
`
`The Patents-in-Suit are valid and enforceable.
`
`COMPLIANCE WITH FRAND
`
`22.
`
`In the telecommunications industry, global standards are fundamental to
`
`ubiquitous connectivity and enable any company—even a company like Apple with no history in
`
`the wireless communication development—to enter the market and sell smartphones.
`
`23.
`
`The European Telecommunications Standards Institute (ETSI) is an independent,
`
`non-profit standard setting organization (SSO) that produces globally-accepted standards in the
`
`4
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 6 of 111 PageID #: 6
`
`telecommunications industry. In addition to its own activities, ETSI is also one of several SSOs
`
`that are organization partners of the Third Generation Partnership Project (3GPP), which
`
`maintains and develops globally applicable technical specifications, including for 4G (LTE)
`
`mobile systems. Together, ETSI and its members have developed open standards that ensure
`
`worldwide interoperability between networks, devices and network operators.
`
`24.
`
`ETSI has developed and promulgated an IPR Policy, which is intended to strike a
`
`balance between the need for open standards on the one hand, and the rights of IPR owners on
`
`the other hand. Clause 15.6 of the ETSI IPR Policy defines the term “ESSENTIAL” to mean
`
`that “it is not possible on technical (but not commercial) grounds, taking into account normal
`
`technical practice and the state of the art generally available at the time of standardization, to
`
`make, sell, lease, otherwise dispose of, repair, use or operate EQUIPMENT or METHODS
`
`which comply with a STANDARD without infringing that IPR.”
`
`25.
`
`Optis Wireless is the assignee of numerous patents, many originally assigned to
`
`Panasonic Corporation (“Panasonic”), that are, and remain, essential (as that term is defined by
`
`ETSI) to practicing the LTE Standard.
`
`26.
`
`Optis Cellular is the assignee of numerous patents, many originally assigned to
`
`LG Electronics Inc. (“LG”), that are, and remain, essential (as that term is defined by ETSI) to
`
`practicing the LTE Standard.
`
`27.
`
`Unwired Planet International is the assignee of numerous patents, many originally
`
`assigned to Samsung Electronics Co., Ltd. (“Samsung”), that are, and remain, essential (as that
`
`term is defined by ETSI) to practicing the LTE Standard.
`
`5
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 7 of 111 PageID #: 7
`
`28.
`
`Unwired Planet is the assignee of numerous patents, many originally assigned to
`
`Telefonaktiebolaget L M Ericsson (“Ericsson”), that are, and remain, essential (as that term is
`
`defined by ETSI) to practicing the LTE Standard.
`
`29.
`
`Each of the Patents-in-Suit has been declared to ETSI, by its original assignee, as
`
`essential to practicing the LTE Standard.
`
`30.
`
`The Plaintiffs, in conformance with ETSI’s IPR Policy, have informed Apple that
`
`they are prepared to grant Apple an irrevocable license to their standard essential patents,
`
`including the Patents-in-Suit, on terms that are Fair, Reasonable, and Non-Discriminatory
`
`(“FRAND”).
`
`31.
`
`Apple requires a license to one or more essential patents owned by Optis Cellular,
`
`Optis Wireless, Unwired Planet International, and Unwired Planet.
`
`32.
`
`Not later than January 6, 2017, the Plaintiffs sent Apple correspondence initiating
`
`Plaintiffs’ good faith efforts to license their essential patents to Apple on FRAND terms.
`
`33.
`
`Over the following months, the Plaintiffs’ representatives routinely corresponded
`
`with and met in-person with Apple representatives on several occasions. During those meetings,
`
`the Plaintiffs’ representatives presented, in good faith, material concerning their LTE essential
`
`patents and technical details evidencing the essentiality of the Plaintiffs’ LTE essential patents.
`
`The Plaintiffs’ representatives also provided Apple with multiple license offers made on FRAND
`
`terms.
`
`34.
`
`To date, Apple has not reciprocated the Plaintiffs’ good faith efforts. Apple has
`
`failed to negotiate in good faith. Apple has instead declined to take a license to the Plaintiffs’
`
`valuable intellectual property, including the Patents-in-Suit.
`
`6
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 8 of 111 PageID #: 8
`
`35.
`
`Apple has been operating and continues to operate without a license to the
`
`Plaintiffs’ essential patents. Given Apple’s unwillingness to license the Plaintiffs’ essential
`
`patents, or to cease its infringement, the Plaintiffs have filed this lawsuit for the purpose of
`
`protecting their patent rights in the United States.
`
`36.
`
`The parties’ licensing negotiations have been unsuccessful for the simple reason
`
`that Apple refuses to pay FRAND royalties for the Plaintiffs’ valuable patent portfolios. Apple
`
`is failing to honor that FRAND licensing is a two-way street, requiring not only that the licensor
`
`is fair and reasonable in providing licensing terms, but also that the licensee is fair and
`
`reasonable in accepting them when they are offered.
`
`GENERAL PATENT INFRINGEMENT ALLEGATIONS
`
`37.
`
`Apple has imported/exported into/from the United States, manufactured, used,
`
`marketed, offered for sale, and/or sold in the United States, smartphones, smartwatches and
`
`tablets that infringe the Patents-in-Suit. Apple’s accused devices (“the Apple Accused
`
`Products”) which infringe one or more claims of the Patents-in-Suit, are all Apple products
`
`capable of implementing the LTE standard, including, but not necessarily limited to, all LTE-
`
`capable models in Apple’s iPhone, iPad and Watch lines of products.
`
`38.
`
`For example, as shown below, Apple advertises that each of its iPhone models
`
`beginning with the iPhone 5 supports the LTE standard.
`
`iPhone XS:
`
`7
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 9 of 111 PageID #: 9
`
`Source: https://www.apple.com/iphone-xs/specs/
`
`iPhone XR:
`
`Source: https://www.apple.com/iphone-xr/specs/
`
`iPhone X:
`
`8
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 10 of 111 PageID #: 10
`
`Source: https://support.apple.com/kb/SP770?locale=en_US
`
`iPhone 8:
`
`Source: https://www.apple.com/iphone-8/specs/
`
`9
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 11 of 111 PageID #: 11
`
`iPhone 7:
`
`Source: https://www.apple.com/iphone-7/specs/
`
`iPhone 6s:
`
`Source: https://support.apple.com/kb/SP726?locale=en_US
`
`iPhone SE:
`
`10
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 12 of 111 PageID #: 12
`
`Source: https://support.apple.com/kb/SP738?locale=en_US
`
`iPhone 6:
`
`Source: https://support.apple.com/kb/SP705?locale=en_US
`
`iPhone 5s:
`
`11
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 13 of 111 PageID #: 13
`
`Source: https://support.apple.com/kb/SP685?locale=en_US
`
`iPhone 5:
`
`Source: https://support.apple.com/kb/SP655?locale=en_US
`
`39.
`
`Similarly, Apple advertises that each of its current cellular-capable iPad models
`
`supports the LTE Standard.
`
`iPad Pro:
`
`12
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 14 of 111 PageID #: 14
`
`Source: https://www.apple.com/ipad-pro/specs/
`
`Source: https://support.apple.com/kb/SP762?viewlocale=en_US&locale=en_US
`
`Source: https://support.apple.com/kb/SP739?locale=en_US
`
`iPad (Fifth Generation):
`
`Source: https://www.apple.com/ipad-9.7/specs/
`
`iPad Mini 4:
`
`13
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 15 of 111 PageID #: 15
`
`Source: https://www.apple.com/ipad-mini-4/specs/
`
`40.
`
`The Plaintiffs understand that each cellular-capable iPad model released during or
`
`after 2012 also supported the LTE standard, including at least iPad model numbers A1454,
`
`A1455, A1459, A1460, A1475, A1476, A1490, A1491, A1550, A1567, A1600, A1652, A1671,
`
`A1674, A1675, A1709, and A1823.1
`
`41.
`
`Further, as shown below, Apple advertises that each of its cellular-capable Apple
`
`Watch models supports the LTE standard.
`
`1 https://support.apple.com/en-us/HT201471
`
`14
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 16 of 111 PageID #: 16
`
`Source: https://www.apple.com/watch/cellular/
`
`Source: https://www.apple.com/watch/cellular/
`
`42.
`
`In accordance with 35 U.S.C. § 287, Apple has had actual notice and knowledge
`
`of all of the Patents-in-Suit no later than the filing of this Complaint and/or the date this
`
`Complaint was served upon Apple. On information and belief, Apple continues without license
`
`to make, use, import/export into/from, market, offer for sale, and/or sell in the United States
`
`products that infringe the Patents-in-Suit.
`
`43.
`
`Apple has directly and indirectly infringed and continues to directly and indirectly
`
`infringe each of the Patents-in-Suit by engaging in acts constituting infringement under 35
`
`U.S.C. § 271(a), (b), and/or (c), including but not necessarily limited to one or more of making,
`
`using, selling and offering to sell, in this District and elsewhere in the United States, and
`
`importing into and exporting from the United States, the Apple Accused Products or components
`
`thereof.
`
`15
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 17 of 111 PageID #: 17
`
`44.
`
`Apple provides instruction manuals that instruct the users of the Accused
`
`Products to use the Accused Products in a manner that infringes the Patents-in-Suit. For example,
`
`Apple advertises the compatibility of the iPhone, iPad, and Apple Watch models identified above
`
`with LTE.
`
`45.
`
`Further, Apple tests each of the LTE Accused Products in the United States and
`
`thereby directly performs the claimed method and/or uses the claimed apparatus, thus infringing
`
`the Patents-in-Suit.
`
`46.
`
`Apple’s acts of infringement have caused damage to the Plaintiffs. The Plaintiffs
`
`are entitled to recover from Apple the damages sustained by the Plaintiffs as a result of Apple’s
`
`wrongful acts in an amount subject to proof at trial.
`
`47.
`
`Apple’s infringement of the Patents-in-Suit is willful. Apple continues to commit
`
`acts of infringement despite a high likelihood that its actions constitute infringement, and Apple
`
`knew or should have known that its actions constituted an unjustifiably high risk of infringement.
`
`48.
`
`In the interest of providing detailed averments of infringement, the Plaintiffs have
`
`identified below at least one claim per patent to demonstrate infringement. However, the
`
`selection of claims should not be considered limiting, and additional claims of the Patents-in-Suit
`
`that are infringed by Apple will be disclosed in compliance with the Court’s rules related to
`
`infringement contentions.
`
`COUNT I: PATENT INFRINGEMENT OF THE ’154 PATENT
`
`49.
`
`Plaintiffs incorporate by reference the preceding paragraphs as though fully set
`
`forth herein.
`
`50.
`
`Apple infringes, contributes to the infringement of, and/or induces infringement
`
`of the ’154 Patent by making, using, selling, offering for sale, exporting from, and/or importing
`
`16
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 18 of 111 PageID #: 18
`
`into the United States products and/or methods covered by one or more claims of the ’154 Patent
`
`including, but not limited to, at least the Apple Accused Products.
`
`51.
`
`For example and as shown below, the Apple Accused Products infringe at least
`
`claim 37 of the ’154 patent by virtue of their compatibility with and practice of the LTE
`
`Standard. For example, and to the extent the preamble is limiting, each of the Apple Accused
`
`Products comprises an apparatus for receiving a downlink shared channel in Orthogonal
`
`Frequency Division Multiple Access (OFDMA) wireless communication systems. As shown
`
`below, this functionality is described in the LTE Standard, including but not limited to in 3GPP
`
`TS 36.201 section 4 and 3GPP TS 36.211 section 6.
`
`52.
`
`The accused products further comprise a reception unit for receiving a downlink
`
`control channel comprising transmission scheme information for downlink shared channel data
`
`and downlink shared channel data from a base station. As shown below, this functionality is
`
`described in the LTE standard, including but not limited to 3GPP TS 36.212 sections 4.2 and 5.3.
`
`17
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 19 of 111 PageID #: 19
`Case 2:19-cv-00066—JRG Document 1 Filed 02/25/19 Page 19 of 111 PagelD #: 19
`
`Table 4.2-1
`
`DL—SCH
`
`BCH
`
`Physical Channel
`PDSCH
`
`PEICH
`
`
`
`PDSCH
`F'CH
`
`MCH
`PMCH
`
`PDCCH
`
`Control information
`CFI
`
`DCI
`
`Table 4.2-2
`
`Physical Channel
`PCFICH
`
`PHICH
`
`5.3.2
`
`Downlink shared channel, Paging channel and Multicast channel
`
`Figure 5.3.2-1 shows the processing structure for the DL-SCH. PCH and MCH transport channels. Data arrives to the
`coding unit in the form of a maximum of one transport block every transmission time interval (TII). The following
`coding steps can be identified:
`
`5.3.3
`
`Downlink control information
`
`A DCI transports downlinjk or uplink scheduling information. or uplink power control commands for one RNTI. The
`RNTI is implicitly encoded in the CRC.
`
`5.3.3.1.3
`
`Format 1A
`
`DCI format 1A is used for the compact scheduling of one PDSC'H codeword and random access procedure initiated by a
`PDCTC‘H order.
`
`The following information is transmitted by means of the DC‘I format 1A:
`
`- Flag for formath’formatlA differentiation — 1 bit. where value 0 indicates format 0 and value 1 indicates format 1A
`
`Format 1A is used for random access procedure initiated by a PDC'CH order only if fmmat 1A (RC is scrambled
`with C-RNTI and all the remaining fields are set as follows:
`
`- Localizedeistributed V'RB assignment flag — 1 bit is set to '0‘
`
`- Resource block assiginnent — i—log3{N%{'N% +1);’2)_‘ hits. where all bits shall be set to 1
`
`18
`18
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 20 of 111 PageID #: 20
`
`53.
`
`The accused products further comprise a control information extractor for
`
`configuring transmission information for the downlink control channel via higher layer signaling.
`
`As shown below, this functionality is described in the LTE standard, including but not limited to
`
`3GPP TS 36.331 sections 4.4 and 5.4 and 3GPP TS 36.213 section 7.1.
`
`19
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 21 of 111 PageID #: 21
`
`54.
`
`The accused products further comprise a demodulator for demodulating the
`
`downlink shared channel data. As shown below, the downlink shared channel data in LTE is
`
`modulated and must be demodulated by the UE. This functionality is described in the LTE
`
`standard, including but not limited to 3GPP TS 36.211 sections 6.3 and 6.4 and 3GPP TS 36.212
`
`section 5.3.3.
`
`20
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 22 of 111 PageID #: 22
`Case 2:19-cv-00066—JRG Document 1 Filed 02/25/19 Page 22 of 111 PagelD #: 22
`
`6.3
`
`General structure for downlink physical channels
`
`This section describes a general structure. applicable to more than one physical channel.
`
`The baseband signal representing a don‘nlink physical channel is defined in terms of the following steps:
`
`-
`
`scrambling of coded bits in each of the code words to be transmitted on a physical channel
`
`- modulation of scrambled bits to generate complex-valued modulation symbols
`
`- mapping of the complex-valued modulation symbols onto one or several transmission layers
`
`-
`
`preceding of the complex-valued modulation symbols on each layer for transmission on the antenna ports
`
`- mapping of complex-valued modulation symbols for each antenna port to resource elements
`
`-
`
`generation of complex-valued time-domain OPDM signal for each antenna port
`
`code words
`layers
`antenna ports
`.
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`
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`I
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`
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`
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`
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`
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`‘
`
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`
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`
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`
`scramblmb
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`
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`
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`tmppar
`
`
`
`mapper
`
`Layer
`
`
`
`E
`
`i
`
`I
`
`I
`
`V
`
`
`
`Preceding
`
`E
`
`i
`
`
`
`Ruwur‘cc ckmcnl
`OFDM signal
`
`manner
`E
`generation
`
`
`Raw-“Ia.“
`minim
`
`i
`
`OFDM signal
`generation
`
`
`
`Figure 6.3-1: Overview of physical channel processing.
`
`6.3.2
`
`Modulation
`
`For each code word :1 . the block of scrambled bits 5 (“{0}..... l; (9') {M1:? — 1) shall be modulated as described in
`Section ?.1 using one of the modulation schemes in Table 6.3 .2-1. resulting in a block of complex-valued modulation
`symbols (1“?)(0)..... d‘q3{M% —1).
`
`Table 6.3.2-1: Modulation schemes
`
`Physical channel
`PDSCH
`PMCH
`
`Modulation schemes
`QPSK, 1BQAM, 6:10AM
`QPSK, 1SQAM, 64QAM
`
`21
`21
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 23 of 111 PageID #: 23
`
`55.
`
`The accused products further comprise a controller for controlling the
`
`aforementioned reception unit to receive the downlink control channel with a format
`
`22
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 24 of 111 PageID #: 24
`
`corresponding to the transmission information and the demodulator to demodulate the downlink
`
`shared channel data according to the transmission scheme information included in the format.
`
`This functionality is described in the LTE standard, including but not limited to 3GPP TS 36.213
`
`section 7.1 and 3GPP TS 36.212 section 5.3.3.
`
`23
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 25 of 111 PageID #: 25
`
`56.
`
`In the accused products, the transmission scheme information referenced above
`
`indicates that a transmit diversity or open loop spatial multiplexing is used for transmitting the
`
`downlink shared channel data. This functionality is described in the LTE standard, including but
`
`not limited to 3GPP TS 36.213 section 7.1 and 3GPP TS 36.212 section 5.3.3.
`
`24
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 26 of 111 PageID #: 26
`Case 2:19-cv-00066—JRG Document 1 Filed 02/25/19 Page 26 of 111 PagelD #: 26
`
`7.1
`
`UE procedure for receiving the physical downlink shared
`channel
`
`A UE shall upon detection of a PDCC‘H with DCI format 1. 1A. 1B. 1C. 1D. 2 or 2A intended for the UE in a suhfi‘ame.
`decode the corresponding PDSC‘H in the same snbframe with the restriction of the number of transport blocks defined
`in the higher layers.
`
`If a HE is configured by higher layers to decode PDCCH with CRC scrambled by the C-RNTI. the UE shall decode the
`PDCCH and any corresponding PDSCH according to the respective combinations defined in table 7.1-5. The
`scrambling initialization of PDSCH corresponding to these PDCCHs is by C-RNTI.
`
`Table 7.1-5: PDCCH and PDSCH configured by C-RNTI
`
`Transmission
`DCI format
`Search Space
`Transmission scheme of PDSCH
`
`mode
`corresponding to PDCCH
`Mode 1
`Single—antenna port, port I] {see subclause
`Common and
`UE specific by C—RNTI
`7.1. 1)
`
`
`DCI format 'EA
`
`DCI format 1
`UE specific by C—RNTI
`Single—antenna port, port 0 {see subclause
`
`7.1.1}
`DCI format 'IA
`Common and
`"ranst diversity (see subclause 7.1.2)
`
`UE specific by C—RN"I
`
`DCI format 1
`UE specific by C—RNTI
`"ransmit diversity (see subclause 7.1.2)
`DCI format 'IA
`Common and
`"ransmit diversity (see subclause 7.1.2)
`
`UE specific by C—RN"I
`UE specific by C—RN"]
`
`Mode 2
`
`Mode 3
`
`DCI format 2A
`
`Mode 4
`
`DCI format 'IA
`
`DCI format 2
`
`Common and
`UE specific by C—RN"I
`UE specific by C—RN"I
`
`
`
`
`
`
`Large delay CDD (see subclause 7.1.3) or
`"ranst diversity (see subclause 7.1.2}
`"ranst diversity (see subclause 7.1.2}
`
`Multi—user MIMO {see suhclause 7.1.5)
`"ransmit diversity (see subclause 7.1.2)
`
`
`
`
`
`
`
`Closed—loop spatial multiplexing (see
`subclause 7.1 .4)or Transmit diversity (see
`
`subclause 7.1.2)
`DCI format 1A
`Common and
`"ransmit diversity (see subclause 7.1.2)
`
`UE specific by C—RN"I
`UE specific by C—R NTI
`Common and
`UE specific by C—RN"I
`UE specific by C—RN"I
`
`
`
`
`Closed—loop spatial multiplexing (see
`subclause 7.1.4) using a single
`transmission layer
`If the number of PBCH antenna ports is
`one, Single—antenna port, port D is used
`(see subclause 7.1.1). otherwise Transmit
`diversity (see subclause 7.1.2)
`Single—antenna port; port 5 (see subclause
`UE specific by C—RNTI
`DCI format ’I
`
`7.1.1)
`
`Mode 5
`
`Mode 6
`
`DCI format 'ID
`DCI format 1A
`
`DCI format 18
`
`Mode 7
`
`DCI format 1A
`
`Common and
`UE specific by C—RNTI
`
`25
`25
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 27 of 111 PageID #: 27
`
`57.
`
`Thus, as just illustrated above, the Apple Accused Products directly infringe one
`
`or more claims of the ’154 Patent. Apple makes, uses, sells, offers for sale, exports, and/or
`
`imports, in this District and/or elsewhere in the United States, these devices and thus directly
`
`infringes the ’154 Patent.
`
`58.
`
`Apple has had knowledge and notice of the ’154 Patent at least as of the filing of
`
`the Complaint.
`
`59.
`
`Apple indirectly infringes the ’154 patent, as provided in 35 U.S.C. § 271(b), by
`
`inducing infringement by others, such as Apple’s customers and end-users, in this District and
`
`elsewhere in the United States. For example, Apple’s customers and end-users directly infringe
`
`through their use of the inventions claimed in the ’154 patent. Apple induces this direct
`
`26
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 28 of 111 PageID #: 28
`
`infringement through its affirmative acts of manufacturing, selling, distributing, and/or otherwise
`
`making available the Apple Accused Products, and providing instructions, documentation, and
`
`other information to customers and end-users suggesting they use the Apple Accused Products in
`
`an infringing manner, including in-store technical support, online technical support, marketing,
`
`product manuals, advertisements, and online documentation. As a result of Apple’s inducement,
`
`Apple’s customers and end-users use the Apple Accused Products in the way Apple intends and
`
`directly infringe the ’154 Patent. Apple performs these affirmative acts with knowledge of the
`
`’154 Patent and with the intent, or willful blindness, that the induced acts directly infringe the
`
`’154 Patent.
`
`60.
`
`Apple also indirectly infringes the ’154 Patent, as provided by 35 U.S.C.
`
`§ 271(c), by contributing to direct infringement committed by others, such as customers and end-
`
`users, in this District and elsewhere in the United States. Apple’s affirmative acts of selling and
`
`offering to sell, in this District and elsewhere in the United States, the Apple Accused Products
`
`and causing the Apple Accused Products to be manufactured, used, sold, and offered for sale
`
`contribute to Apple’s customers and end-users use of the Apple Accused Products, such that the
`
`’154 Patent is directly infringed. The accused components within the Apple Accused Products
`
`are material to the invention of the ’154 Patent, are not staple articles or commodities of
`
`commerce, have no substantial non-infringing uses, and are known by Apple to be especially
`
`made or adapted for use in the infringement of the ’154 Patent. Apple performs these affirmative
`
`acts with knowledge of the ’154 Patent and with intent, or willful blindness, that they cause the
`
`direct infringement of the ’154 Patent.
`
`61.
`
`Apple’s infringement of the ’154 Patent has damaged and will continue to
`
`damage the Plaintiffs.
`
`27
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 29 of 111 PageID #: 29
`
`COUNT II: PATENT INFRINGEMENT OF THE ’332 PATENT
`
`62.
`
`Plaintiffs incorporate by reference the preceding paragraphs as though fully set
`
`forth herein.
`
`63.
`
`Apple infringes, contributes to the infringement of, and/or induces infringement
`
`of the ’332 Patent by making, using, selling, offering for sale, exporting from, and/or importing
`
`into the United States products and/or methods covered by one or more claims of the ’332 Patent
`
`including, but not limited to, at least the Apple Accused Products.
`
`64.
`
`For example and as shown below, the LTE Accused Products infringe claim 6 of
`
`the ’332 patent by virtue of their compatibility with and practice of the LTE Standard. For
`
`example, and to the extent the preamble is limiting, the Accused Products comprise user
`
`equipment (UE) for decoding control information. As shown below, this functionality is
`
`described in the LTE Standard, including but not limited to in 3GPP TS 36.201 sections 1 and 4.
`
`65.
`
`The Accused Products further comprise a receiver for receiving Physical
`
`Downlink Control Channel (PDCCH) from a base station at subframe k. As shown below, this
`
`28
`
`

`

`Case 2:19-cv-00066-JRG Document 1 Filed 02/25/19 Page 30 of 111 PageID #: 30
`
`functionality is described in the LTE Standard, including but not limited to in 3GPP TS 36.213
`
`section 9.1.1.
`
`66.
`
`The Accused Products further comprise a decoder for decoding a set of PDCCH
`
`candidates within a search space of the PDCCH at the subframe k. As shown below, this
`
`functionality is described in the LTE Standard, including but not limited to in 3GPP TS 36.213
`
`section 9.1.1.
`
`67.
`
`The Accused Products further comprise a decoder wherein each of the set of
`
`PDCCH candidates comprises ‘L’ control channel elements (CCEs), wherein the ‘L’ CCEs
`
`corresponding to a specific PDCCH candidate among the set of PDCCH candidates of the search
`
`space at the sub frame k are contiguously located from a position given by using a variable of Yk
`
`29
`
`

`

`Case 2:19-c

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