Case 2:20-cv-00322-JRG Document 1 Filed 10/01/20 Page 1 of 32 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`IPCOM, GMBH & CO. KG
`
`Plaintiff,
`
`Civil Case No.: 2:20-cv-322
`
`v.
`
`AT&T INC., AT&T CORP., AT&T
`COMMUNICATIONS LLC, AT&T MOBILITY,
`AT&T MOBILITY II LLC, and AT&T
`SERVICES INC.
`Defendants.
`
`JURY TRIAL DEMANDED
`
`COMPLAINT
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`Plaintiff IPCom Gmbh & Co. KG hereby files this Complaint against AT&T Inc., AT&T
`
`Corp., AT&T Communications LLC, AT&T Mobility LLC, AT&T Mobility II LLC, AT&T
`
`Services Inc. (collectively, “AT&T” or “Defendants”), and alleges as follows:
`
`THE PARTIES
`
`1.
`
`IPCom Gmbh & Co. KG (“IPCom”) is a limited partnership organized under the
`
`laws of Germany with its principal place of business at Zugspitzstraße 15, 82049 Pullach,
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`Germany.
`
`2.
`
`AT&T Inc. is a corporation organized and existing under the laws of the State of
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`Delaware, with a principal place of business at 208 South Akard Street, Dallas, Texas 75202-
`
`4206.
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`3.
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`AT&T Corp. is a corporation organized and existing under the laws of the State of
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`New York, with a principal place of business at One AT&T Way, Bedminster, New Jersey,
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`07921-0752.
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`4.
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`AT&T Communications, LLC, is a limited liability company organized and
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`existing under the laws of the State of Delaware, with a principal place of business at 295 North
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`Maple Ave Basking Ridge, NJ 07920.
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`5.
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`AT&T Mobility, LLC, is a limited liability company organized and existing under
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`the laws of the State of Delaware, with a principal place of business at 1025 Lenox Park
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`Boulevard NE, Atlanta, Georgia 30319.
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`6.
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`AT&T Mobility II, LLC, is a corporation established under the laws of the State
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`of Delaware, with its principal place of business at 1025 Lenox Park Blvd Ne Rm A325,
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`Brookhaven, Georgia 30319.
`
`7.
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`AT&T Services, Inc. is a corporation organized and existing under the laws of the
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`State of Delaware, with a principal place of business at 175 East Houston Street, San Antonio,
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`Texas 78205.
`
`8.
`
`The Defendants operate one or more wireless telecommunications networks to
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`provide wireless telecommunications services in the United States under brand names including
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`but not limited to “AT&T.” These telecommunications networks have also been used to provide
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`wireless telecommunications services for the Cricket Wireless brand.
`
`NATURE OF ACTION
`
`9.
`
`This is a civil action for infringement of U.S. Patent Nos. 7,333,822 (the “’822
`
`Patent”), 10,382,909 (the “’909 Patent”); 6,813,261 (the “’261 Patent); 7,006,463 (the “’463
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`2
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`Patent”); 6,983,147 (the “’147 Patent”), and 7,778,310 (the “’310 Patent”) (collectively the
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`“Patents-in-Suit”), arising under the patent laws of the United States, 35 U.S.C. § 1 et seq.
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`JURISDICTION AND VENUE
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`10.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a) because it arises under the patent laws of the United States.
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`11.
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`This Court has personal jurisdiction over Defendants, which have committed acts
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`of infringement in Texas and in this judicial district in violation of 35 U.S.C. § 271. For
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`instance, Defendants have performed infringing methods, and made and used infringing systems
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`that provide wireless telecommunications services. The Defendants have derived and continue
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`to derive substantial revenue from the sale and use of infringing products and services in this
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`district. In addition, AT&T Inc., AT&T Corp., AT&T Mobility LLC, AT&T Mobility II LLC,
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`and AT&T Services, Inc. are registered to do business in Texas, and the Defendants own and/or
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`maintain numerous stores and office locations within Texas. In view of the foregoing, this Court
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`possesses both general and specific jurisdiction over the Defendants.
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`12.
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`AT&T maintains a significant physical presence in this judicial district. For
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`example, there are numerous AT&T retail stores within this judicial district, including in Allen,
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`Athens, Beaumont, Canton, Denton, Frisco, Kilgore, Lindale, Longview, Marshall,
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`Nacogdoches, Sulphur Springs, Texarkana, and Tyler, Texas. AT&T uses these stores to sell
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`telecommunications services that infringe the Patents-in-Suit (discussed below). These stores are
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`physical places within the district, are regular and established places of business, and are
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`AT&T’s places.
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`13.
`
`AT&T further maintains a foundry within this judicial district in Plano, Texas,
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`“encompassing all aspects of an industry environment – from manufacturing to distribution to
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`retail” and enabling AT&T’s customers “to test potential 5G solutions.”1 AT&T uses this
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`foundry to design, test, use, and sell telecommunications services that infringe the Patents-in-
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`Suit. This foundry is a physical place within the district, is a regular and established place of
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`business, and is AT&T’s place.
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`14.
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`For at least these reasons, venue is proper in this judicial district. AT&T resides
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`in this judicial district within the meaning of 28 U.S.C. § 1400(b). AT&T has committed
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`infringement acts within this district and has regular and established places of business here.
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`THE PATENTS-IN-SUIT
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`U.S. Patent No. 7,333,822
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`15.
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`On February 19, 2008, the United States Patent and Trademark Office (“USPTO”
`
`or “PTO”) issued U.S. Patent No. 7,333,822, entitled “Method for Transmitting Messages in a
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`Telecommunication Network.” A true and correct copy of U.S. Patent No. 7,333,822 is attached
`
`hereto as Exhibit A and incorporated herein by this reference.
`
`16.
`
`On July 16, 2008, a third party requester, HTC Corp. filed a request for Inter
`
`Partes Reexamination of U.S. Patent No. 7,333,822, and the PTO instituted reexamination
`
`pursuant to Inter Partes Reexamination Control No. 95/001,211. During this reexamination, the
`
`patent owner amended some of the claims, canceled other claims, and added new claims. The
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`PTO Examiner subsequently determined that claims 1, 17, 22 and 27-48 are patentable over all
`
`of the prior art cited during the original examination and reexamination. The third-party
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`requester then filed an appeal to the Patent Trial and Appeal Board (“PTAB”). On May 30,
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`2013, the PTAB issued a Decision on Appeal affirming the Examiner’s determination that these
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`1 https://about.att.com/story/2018/plano_foundry.html.
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`claims are patentable. On September 13, 2013, the PTO issued Inter Partes Reexamination
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`Certificate Number 7,333,822 C1, which is now part of the ‘822 patent.
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`17.
`
`IPCom is the assignee and owner of all right, title, and interest in and to the ’822
`
`Patent, including the right to assert all causes of action arising under said patent and the right to
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`any and all remedies for infringement, including past damages.
`
`18.
`
`The invention of the ’822 Patent pertains to methods for transmitting messages in
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`a mobile telecommunications network that can utilize two kinds of message services, such as: a
`
`short message service (“SMS”) and a multimedia messaging service (“MMS”). See ’822 Patent,
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`4:23-29. Such networks may comprise telecommunications equipment including Multimedia
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`Messaging Service Centers (“MMSCs”), Short Message Service Centers (“SMSCs”), wireless
`
`base stations, and mobile phones. Id., 2:27-30, 2:66-3:31. The invention of the ’822 Patent is
`
`designed, inter alia, to solve certain technical problems affecting message transmission. Id. For
`
`example, in order to transmit messages, telecommunications equipment needs to set up a
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`“connection” (or “session”). Id., 4:25-29. However, setting up these connections requires
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`certain “overhead” defined by the use of network resources, including “bandwidth” and
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`“signaling” resources. Id., 4:25-29, 4:64-5:6. Among other things, the invention of the ’822
`
`Patent reduces the amount of overhead needed to transmit messages within the network. Id.
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`This improves efficiency and capacity.
`
`19.
`
`The ’822 Patent claims are directed to patent-eligible, non-abstract ideas in that
`
`they provide technical solutions to at least the technical problems described above. The claims
`
`relate to the sending of a dedicated MMS message using a short message of the SMS service,
`
`wherein the short message may include: a header portion, a data portion having an identification
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`of a type of the dedicated MMS message, and also an identifier for indicating a presence of the
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`dedicated MMS message in the data portion of the short message. Id., 5:50-8:34. In one
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`embodiment, the short message carries a dedicated MMS notification message, which may
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`indicate the presence of another type of MMS message on an MMS server in the
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`telecommunications network. Id., 6:55-7:60. By using the short message to send the dedicated
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`MMS notification message, the telecommunications network is able to dispense with the
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`“overhead” associated with “setting up a connection/session.” Id., 4:25-29, 4:67-5:6. The ’822
`
`Patent further explains that by employing the claimed methods, no “additional signaling for
`
`transmitting notifications” is required, and therefore network bandwidth and signaling resources
`
`are conserved. Id., 4:67-5:6. Thus, the claimed inventions are directed to patent-eligible, non-
`
`abstract ideas because they improve the overall functioning of a telecommunications system.
`
`Further, the methods claimed in the ’822 Patent cannot be performed as mental steps by a
`
`human, nor do they represent the application of a generic computer to any well-known method of
`
`organizing human behavior.
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`U.S. Patent No. 10,382,909
`
`20.
`
`On August 13, 2019, the PTO issued United States Patent No. 10,382,909,
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`entitled “Method for Transmitting Messages in a Telecommunications Network.” A true and
`
`correct copy of the ’909 Patent is attached hereto as Exhibit B and incorporated herein by this
`
`reference.
`
`21.
`
`The ’909 Patent is a Division of application No. 11/975,428, which is a
`
`continuation of the ’822 Patent. See ’909 Patent, cover page. The ’909 Patent and the ’822
`
`Patent share the same figures and written description. During examination of the ’909 Patent,
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`the Examiner reviewed the art cited during prosecution of the ’822 Patent, the art cited in the
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`Inter Partes Reexamination of the ’822 Patent, Control No. 95/001,211, and the PTAB’s
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`Decision on Appeal in the reexamination of the ’822 Patent. The Examiner subsequently
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`determined the claims of the ’909 Patent to be patentable.
`
`22.
`
`IPCom is the assignee and owner of all right, title, and interest in and to the ’909
`
`Patent, including the right to assert all causes of action arising under said patent and the right to
`
`any and all remedies for infringement, including past damages.
`
`23.
`
`The ’909 Patent describes, inter alia, methods and apparatus for use in
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`transmitting messages in a mobile telecommunications network that provides SMS and MMS
`
`services using MMSCs, SMSCs, wireless base stations, and mobile phones. See ’909 Patent,
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`3:3-34, 7:39-52, 8:12-9:26. The invention of the ’909 Patent solves technical problems involving
`
`the transmission of messages. Id. In order to transmit the messages, the telecommunications
`
`equipment needs to set up a “connection” (or “session”), but setting up these connections
`
`requires certain “overhead” defined by use of network resources, including “bandwidth”
`
`resources. Id., 4:11-63. The invention of the ’909 Patent reduces the amount of overhead
`
`needed to send messages. Id. This improves the efficiency and capacity of the network.
`
`24.
`
`The ’909 Patent claims are directed to patent-eligible, non-abstract ideas because
`
`they provide technical solutions to the technical problems described above. The claims relate to
`
`sending a dedicated MMS message using a short message of the SMS service. Id., 4:11-5:13. In
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`one embodiment, the short message carries a dedicated MMS notification message, which may
`
`indicate the presence of another type of MMS message on an MMS server in the
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`telecommunications network. See id.; see also id., 6:30-7:29. By using the short message to
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`send the dedicated MMS notification message, the telecommunications network is able to
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`dispense with the “overhead” associated with “setting up a connection/session.” Id., 4:11-63.
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`The ’909 Patent further explains that by employing the claimed methods, no “additional
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`signaling for transmitting notifications” is required, and therefore the network bandwidth and
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`signaling resources are conserved. Id. Thus, the claimed inventions are also directed to patent-
`
`eligible, non-abstract ideas because they improve the overall functioning of a
`
`telecommunications system. Further, the methods claimed in the ’909 Patent cannot be
`
`performed as mental steps by a human, nor do they represent the application of a generic
`
`computer to any well-known method of organizing human behavior.
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`U.S. Patent No. 6,813,261
`
`25.
`
`On November 2, 2004, the PTO issued United States Patent Number 6,813,261,
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`entitled “Method of Mobile Communication and Apparatus Therefor.” IPCom is the assignee
`
`and owner of all right, title, and interest in and to the ’261 Patent, including the right to assert all
`
`causes of action arising under said patent and the right to any and all remedies for infringement,
`
`including past damages. A true and correct copy of the ’261 Patent is attached hereto as Exhibit
`
`C and incorporated herein by this reference.
`
`26.
`
`In general, the ’261 Patent describes methods and apparatuses for initiating and
`
`establishing “efficient communication of data between a base station and a plurality of mobile
`
`terminals” in a cellular network. See, e.g., ’261 Patent at Abstract. The invention includes, for
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`example, a base station that “receiv[es] an alert signal from a mobile terminal,” “evaluat[es] the
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`alert signal for the presence of a particular code by comparing the alert signal with a plurality of
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`codes,” and “if the particular code is present, transmit[s] an alert response to the mobile terminal,
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`the alert response containing data corresponding to the particular code.” Id. at 19:9-20:3.
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`27.
`
`The ’261 Patent claims relate to technical solutions to technical problems that
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`arise in the design and implementation of traditional cellular networks. More particularly, the
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`patent identifies several technical drawbacks of prior art systems, including, for example:
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`
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`
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`“In the above-mentioned conventional mobile communication system…a plurality
`of reservation packets collide in the base station when the reservation packets are
`transmitted from a plurality of mobile terminals to the base station, and the contents
`of the reservation packets cannot be correctly read out in the base station. Therefore,
`the mobile terminals must transmit reservation packets again. In order to transmit
`the reservation package again as described above, waiting times are set in random
`fashion so that the reservation packages will not collide again. When the reservation
`packets collide, the transmission efficiency of data greatly decreases.” Id., 1:58-
`2:2.
`
`“Furthermore, in the above-mentioned conventional mobile communications
`system…data for making a reservation are transmitted and received in addition to
`the data that are to be transmitted. Therefore, a ratio for the data that are desired to
`be transmitted decreases in the whole data that are transmitted and received
`between the base station and the mobile terminals. When the consecutive data are
`to be transmitted being divided into a plurality of data packages…, in particular, a
`reservation packet is transmitted for the transmission of each data packet, and the
`packets occupy a large ratio in the whole data transmitted and received between the
`base station and the mobile terminal.” Id., 2:3-16. As a result, “the ratio for the
`data that are desired to be transmitted becomes low with respect to the entire
`amount of data” and “the communication capacity of data decreases by an amount
`corresponding to the electric power of transmitting the reservation packets.” Id., 2:
`48-50, 2:62-67.
`
`28.
`
`The ’261 Patent claims are directed to a patent-eligible, non-abstract idea as they
`
`relate to technical solutions to overcome at least the above described problems. For example, the
`
`patent identifies numerous advantages that the claimed techniques provide compared to
`
`traditional cellular networks. See, e.g., ’261 Patent, 3:1-7:15 (describing “representative
`
`examples of methods and apparatuses” which provide technology capable of (1) “efficiently
`
`transmitting and receiving data between the base station and a plurality of mobile terminals”; (2)
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`“detecting the individual alert signals even when a plurality of alert signals are transmitted from
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`a plurality of mobile terminals to the base station”; and (3) “maintaining, at a low level, the value
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`of the alert signals transmitted from the mobile terminals”). The claimed techniques enhance the
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`process for initiating and establishing data transfer between multiple mobile terminals and a base
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`station, and therefore, improve the function of a computer and computer communication systems
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`within cellular networks. The methods claimed in the ’261 Patent cannot be performed as mental
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`steps by a human, nor do they represent the application of a generic computer to any well-known
`
`method of organizing human behavior.
`
`29.
`
`The ’261 Patent claims inventive concepts that are significantly more than any
`
`patent-ineligible, abstract idea. In particular, the claimed technology, including individual
`
`limitations as well as ordered combinations of limitations, were not well-understood, routine, or
`
`conventional, and cover multiple advantages, and combinations of advantages, that were not
`
`well-understood, routine, or conventional. See, e.g., id. at 1:30-7:10.
`
`U.S. Patent No. 7,006,463
`
`30.
`
`On February 28, 2006, the PTO issued United States Patent Number 7,006,463,
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`entitled, “CDMA Communication System and Its Transmission Power Control Method.” IPCom
`
`is the assignee and owner of all right, title, and interest in and to the ’463 Patent, including the
`
`right to assert any and all causes of action arising under said patent and the right to any remedies
`
`for infringement, including past damages. A true and correct copy of the ’463 Patent is attached
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`hereto as Exhibit D and incorporated herein by this reference.
`
`31.
`
`In general, the ’463 Patent pertains to methods and apparatuses for providing
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`“uplink channel transmission power control” in a CDMA telecommunications network. See,
`
`e.g., ’463 Patent at Abstract. Since “mobile terminals share the same frequency band to
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`communicate with a single base station” uplink power control is important to limit unwanted
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`interference in the communication channel. Id. at 1:19-31. The invention of the ’463 Patent
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`provides for improved uplink power control involving, for example, transmitting power control
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`signals to multiple “mobile terminals by using [a] common channel shared by the mobile
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`terminals.” See, e.g., ’463 Patent at Abstract.
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`32.
`
`The invention of the ’463 Patent provides technical solutions to technical
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`problems in conventional power control methods. Traditional transmission power control
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`methods (e.g., for voice-only) operate under the assumption that there exists a pair of uplink and
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`downlink traffic channels. Id. at 2:40-47. As the patent explains: “[i]f a paired downlink
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`channel is provided only for the transmission power control of the uplink traffic channel, one
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`downlink traffic channel is occupied by the transmission power control of only the uplink traffic
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`channel. The use efficiency of traffic channels is lowered.” Id. at 2:48-52.
`
`33.
`
`The ’463 Patent claims are directed to a patent-eligible, non-abstract idea. To
`
`solve the above described technical problem in the prior art, the patent describes “a single
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`downlink traffic channel common for all mobile stations,” which allows a base station to control
`
`the transmission power of a plurality of mobile stations without consuming capacity on
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`individual downlink traffic channels, thereby increasing network efficiency. Id. at 2:53-57; see
`
`also id. at 10:10-25, 10:59-11:10. The ’463 Patent’s claimed techniques improve the
`
`performance and function of communication systems and cannot be performed as mental steps
`
`by a human, nor do they represent the application of a generic computer to any well-known
`
`method of organizing human behavior.
`
`34.
`
`The ’463 Patent claims inventive concepts that are significantly more than any
`
`patent-ineligible, abstract idea. In particular, the claimed technology, including individual
`
`limitations as well as ordered combinations of limitations, were not well-understood, routine, or
`
`conventional, and cover multiple advantages, and combinations of advantages, that were not
`
`well-understood, routine, or conventional. See, e.g., id. at 2:40-57.
`
`U.S. Patent No. 6,983,147
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`35.
`
`On January 3, 2006, the PTO issued United States Patent Number 6,983,147,
`
`entitled “Method of transmitting signaling information, a master station, a mobile station and
`
`message elements.” IPCom is the assignee and owner of all right, title, and interest in and to the
`
`’147 Patent, including the right to assert all causes of action arising under said patent and the
`
`right to any and all remedies for infringement, including past damages. A true and correct copy
`
`of the ’147 Patent is attached hereto as Exhibit E and incorporated herein by this reference
`
`36.
`
`In general, the ’147 Patent describes methods and apparatuses for “transmitting
`
`signaling information between a master station and a slave station.” See ’147 Patent at Abstract.
`
`For example, “a message, which contains information regarding whether data to be sent is
`
`processed in the master station to increase the reception quality of this data at the slave station, is
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`transmitted with the signaling information from the master station to the slave station” in a
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`cellular network. See id. The invention may include, for example, a “transmitting station” that
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`“transmit[s] information” “regarding whether data to be sent is processed by an additional
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`transmitting station,” which is “successively assigned to the receiving station to increase a
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`reception quality at the receiving station in accordance with measures relating to a transmission
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`channel between the receiving station and as least one of the transmitting station and the
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`additional transmitting station.” Id., 22:65-23:6.
`
`37.
`
`The ’147 Patent claims technical solutions to technical problems in the design and
`
`implementation of cellular networks, such as when initiating data transfers between multiple
`
`transmitters and a single mobile receiver. The ’147 Patent specification identifies technical
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`drawbacks of traditional cellular networks, including at least, for example “that it is not known in
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`the mobile station whether or not the base station is transmitting the data predistorted over the at
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`least one specially allocated transmission channel. Therefore, the mobile station cannot decide
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`whether or not it must eliminate distortion from the data received by the base station over the
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`specially set-up transmission channel.” Id., 1:31-37.
`
`38.
`
`The ’147 Patent claims are directed to a patent-eligible, non-abstract idea. They
`
`cover technical solutions to improve computer and electronic communications between cellular
`
`transmitters and receivers. For example, the patent identifies numerous specific advantages that
`
`the claimed techniques provide compared to traditional cellular networks. See, e.g., id. at 1:41-
`
`64 (describing “example method[s] according to the present invention” which provide
`
`technology capable of at least (1) “[S]etting up a transmission channel from the master station to
`
`the slave station, the slave station is able to decide how it may detect the data to be sent by the
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`master station or the data to be sent by the other master station downstream from and assigned to
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`the slave station in order to be able to guarantee optimum data reception”; (2) “If the slave
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`station determines that the data to be sent by the corresponding master station has already been
`
`processed in the corresponding master station, then it may omit a complicated distortion
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`elimination because the data will arrive at the slave station with a suitably increased reception
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`quality”; and (3) “Power consumption at the slave station may be minimized in this manner,
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`which may be advantageous when configuring the slave station as a mobile station with battery
`
`operation”). Further, the claimed technologies cannot be performed as mental steps by a human,
`
`nor do they represent the application of a generic computer to any well-known method of
`
`organizing human behavior.
`
`39.
`
`The ’147 Patent claims inventive concepts that are significantly more than any
`
`patent-ineligible, abstract idea. In particular, the claimed technology, including individual
`
`limitations as well as ordered combinations of limitations, were not well-understood, routine, or
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`conventional, and cover multiple advantages, and combinations of advantages, that were not
`
`well-understood, routine, or conventional. See, e.g., id. at 22:62-23:16.
`
`U.S. Patent No. 7,778,310
`
`40.
`
`On August 17, 2010, the PTO issued United States Patent Number 7,778,310,
`
`entitled “Code division Multiple Access Mobile Communication System.” IPCom is the
`
`assignee and owner of all right, title, and interest in and to the ’310 Patent, including the right to
`
`assert all causes of action arising under said patent and the right to any remedies for infringement
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`of it, including past damages. A true and correct copy of U.S. Patent No. 7,778,310 is attached
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`hereto as Exhibit F and incorporated herein by this reference.
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`41.
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`In general, the ’310 Patent describes methods where “[i]n a mobile
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`communication system using a code division multiple access (CDMA) method, spreading code
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`detection and frame/slot timing synchronization (cell search) is conducted by using a long code
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`masked symbol.” See ’310 Patent at Abstract; see also, e.g., 2:63-67 (“In order to conduct the
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`cell search at high speed while suppressing the gate size and the power consumption, the
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`spreading factor of the long code masked symbol is made smaller than spreading factors of other
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`portions of the perch channels.”). For example, “[t]he spreading factor of the long code masked
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`symbol is set to a value lower than spreading factors of other ordinary symbols,” in a cellular
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`network. See id. The invention includes, for example, “transmitting, from a base station, control
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`signals via first and second perch channels” where “perch channels being formed such that a
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`long period code assigned to said base station and a first short period code are mapped in a first
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`section of one slot of said first perch channel,” and also “transmitting, from said base station, a
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`predetermined short period code mapped in a second section of said one slot of said second perch
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`channel” where “said predetermined short period code for use by a mobile terminal for
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`performing cell search by calculating a correlation value for said second section of said one slot,”
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`and “wherein said predetermined short period code is transmitted plural times within said second
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`section of said one slot,” and finally “wherein said second section of said one slot of the first
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`perch channel further includes a common short code, and spreading factors of said common short
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`code and of said predetermined short period code are smaller than a spreading factor of said first
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`short period code.” Id., 6:26-46.
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`42.
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`The ’310 Patent describes and claims technical solutions to technical problems in
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`the design and implementation of wireless networks, and in particular, when performing
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`synchronization and/or slot timing between a transmitter and mobile receiver. The ’310 Patent
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`specification identifies technical drawbacks of traditional cellular networks, including at least,
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`for example “[i]n the conventional system which conducts spreading process in the long code
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`masked symbol section at the same symbol rate as in the data symbol section, it took the longest
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`time in a first stage (slot timing synchronization) of the cell search” and “[i]f the MF with 64 taps
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`is used, coefficient mode switchover becomes necessary in order to derive correlation values at
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`all timing instants. This results in a problem that the time required for timing synchronization, in
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`turn the time required for cell search becomes longer. On the other hand, if a MF with 256 taps
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`is used, then the received signal can be despread with coefficients corresponding to one symbol
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`set in the MF intact. Since the coefficient mode switchover thus becomes unnecessary,
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`correlation at all timing instants can be derived at high speed. However, both the gate size and
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`power consumption of the MF become very large.” Id. at 2:25-30 and 2:49-59.
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`43.
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`The ’310 Patent claims are directed to a patent-eligible, non-abstract idea. They
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`provide specific technical solutions in order to improve computer and electronic communications
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`between cellular transmitters and receivers. For example, the patent identifies numerous specific
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`advantages that IPCom’s claimed techniques provide compared to traditional cellular
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`networks. See, e.g., id. at Abstract (describing a benefit of the invention that “it becomes
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`possible to reduce the circuit scale and power dissipation of the mobile terminal and raise the
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`speed of cell search”) and 3:10-11 (“without increasing the gate size and power consumption,
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`fast cell search thus becomes possible”). Further, the claimed technologies cannot be performed
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`as mental steps by a human, nor do they represent the application of a generic computer to any
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`well-known method of organizing human behavior.
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`44.
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`The ’310 Patent claims inventive concepts that are significantly more than any
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`patent-ineligible, abstract idea. In particular, the claimed technology, including individual
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`limitations as well as ordered combinations of limitations, were not well-understood, routine, or
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`conventional, and cover multiple advantages, and combinations of advantages, that were not
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`well-understood, routine, or conventional. See, e.g., id. at 6:26-53.
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`FACTUAL BACKGROUND
`
`IPCom
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`45.
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`IPCom is an intellectual property licensing and research & development
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`company. Since its founding in 2007, IPCom has been committed to innovation in the wireless
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`communications market. IPCom creates inventions and files patent applications for those
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`inventions, collaborates with others to develop and patent inventions, and acquires and licenses
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`patents from individual inventors and other institutions. IPCom’s current patent portfolio
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`encompasses over 200 patent families in the field of mobile communications, with more than
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`1,000 patents registered in Europe, the US and Asia.
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`46.
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`Research and development are core to IPCom’s philosophy and approach.
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`IPCom’s research and development (“R&D”) team is made up of pioneering scientists and
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`Case 2:20