`
`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-323
`
`JURY TRIAL DEMANDED
`
`v.
`
`VERIZON COMMUNICATIONS INC.,
`CELLCO PARTNERSHIP D/B/A VERIZON
`WIRELESS, VERIZON BUSINESS NETWORK
`SERVICES, INC., VERIZON SERVICES
`CORP., VERIZON ENTERPRISE SOLUTIONS
`LLC, VERIZON BUSINESS GLOBAL LLC,
`VERISON BUSINESS SERVICES LLC,
`VERIZON CORPORATE SERVICES GROUP
`INC., VERIZON DATA SERVICES LLC, and
`VERIZON ONLINE LLC,
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff IPCom Gmbh & Co. KG hereby files this Complaint against Verizon
`
`Communications Inc., Cellco Partnership d/b/a/ Verizon Wireless, Verizon Business Networks
`
`Services, Inc., Verizon Services, Inc., Verizon Enterprise Solutions LLC, Verizon Business
`
`Global LLC, Verizon Business Services LLC, Verizon Corporate Services Group Inc., Verizon
`
`Data Services LLC, and Verizon Online (collectively, “Verizon” or “Defendants”), and alleges
`
`as follows:
`
`THE PARTIES
`
`1
`
`
`
`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 2 of 28 PageID #: 2
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`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.
`
`Verizon Communications Inc. (“Verizon Communications”) is a Delaware
`
`corporation with a principal place of business at 1095 Avenue of the Americas, New York, New
`
`York 10036.
`
`3.
`
`Cellco Partnership d/b/a/ Verizon Wireless (“Cellco Partnership”) is a Delaware
`
`partnership with its principal place of business at One Verizon Way, Basking Ridge, New Jersey
`
`07920.
`
`4.
`
`Verizon Business Network Services Inc. (“Verizon Business”), is a Delaware
`
`corporation with a regular and established place of business in this District at 222 Rotary, San
`
`Antonio, TX 78202.
`
`5.
`
`Verizon Services Corp. (“Verizon Services”) is a Delaware corporation with a
`
`principal place of business at 1717 Arch Street, 21st Floor, Philadelphia, PA 19103.
`
`6.
`
`Verizon Enterprise Solutions, LLC (“Verizon Enterprise”) is a limited liability
`
`company organized and existing under the laws of the State of Delaware, with a principal place
`
`of business at One Verizon Way Basking Ridge, New Jersey 07920.
`
`7.
`
`Verizon Business Global, LLC (“Verizon Business Global”) is a limited liability
`
`company organized and existing under the laws of the State of Delaware, with a principal place
`
`of business at One Verizon Way Basking Ridge, New Jersey 07920.
`
`8.
`
`Verizon Business Network Services LLC (“Verizon Business Network”) is a
`
`limited liability company organized and existing under the laws of the State of Delaware, with a
`
`principal place of business at 22001 Loudoun County Parkway, Ashburn, Virginia 20147.
`
`2
`
`
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 3 of 28 PageID #: 3
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`9.
`
`Verizon Corporate Services Group Inc. (“Verizon Corporate Services”) is a
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`corporation organized and existing under the laws of the State of New York, with a principal
`
`place of business at One Verizon Way, Basking Ridge, New Jersey 07920.
`
`10.
`
`Verizon Data Services LLC (“Verizon Data Services”) is a limited liability
`
`company organized and existing under the laws of the State of Delaware, with a principal place
`
`of business at One East Telecom Parkway, B3E, Temple Terrace, Florida 33637.
`
`11.
`
`Verizon Online LLC (“Verizon Online”) is a limited liability company organized
`
`and existing under the laws of the State of Delaware, with a principal place of business at 22001
`
`Loudoun County Parkway, Ashburn, Virginia 20147.
`
`NATURE OF ACTION
`
`12.
`
`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
`
`Patent”); and 6,983,147 (the “’147 Patent”) (collectively the “Patents-in-Suit”), arising under the
`
`patent laws of the United States, 35 U.S.C. § 1 et seq.
`
`JURISDICTION AND VENUE
`
`13.
`
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a) because it arises under the patent laws of the United States.
`
`14.
`
`This Court has personal jurisdiction over Defendants, which have committed acts
`
`of infringement in Texas and in this judicial district in violation of 35 U.S.C. § 271. For
`
`instance, Defendants have performed infringing methods, and made and used infringing systems
`
`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, Cellco Partnership d/b/a/ Verizon Wireless, Verizon Services Corp.,
`
`3
`
`
`
`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 4 of 28 PageID #: 4
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`Verizon Enterprise Solutions, LLC, Verizon Business Global, LLC, Verizon Business Network
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`Services LLC, Verizon Corporate Services Group Inc., Verizon Data Services LLC, and Verizon
`
`Online LLC are registered to do business in Texas, and the Defendants own and/or maintain
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`numerous stores and office locations within Texas. In view of the foregoing, this Court
`
`possesses both general and specific jurisdiction over the Defendants.
`
`15.
`
`Verizon maintains a significant physical presence in this judicial district. For
`
`example, there are numerous Verizon retail stores within this judicial district, including in Allen,
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`Beaumont, Denton, Euless, Frisco, Lufkin, McKinney, Nacogdoches, Plano, Sulphur Springs,
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`Texarkana, and Tyler, Texas. These stores are branded with Verizon signage and trademarks for
`
`the benefit of the shopping public. Verizon uses these stores to sell telecommunications services
`
`that infringe the Patents-in-Suit. These stores are physical places within the district, are regular
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`and established places of business, and are Verizon’s places.
`
`16.
`
`For at least these reasons, venue is proper in this judicial district. Verizon resides
`
`in this judicial district within the meaning of 28 U.S.C. § 1400(b). Verizon has committed
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`infringement acts within this district and has regular and established places of business here.
`
`THE PATENTS-IN-SUIT
`
`U.S. Patent No. 7,333,822
`
`17.
`
`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
`
`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.
`
`18.
`
`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
`
`4
`
`
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 5 of 28 PageID #: 5
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`pursuant to Inter Partes Reexamination Control No. 95/001,211. During this reexamination, the
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`patent owner amended some of the claims, canceled other claims, and added new claims. The
`
`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
`
`requester then filed an appeal to the Patent Trial and Appeal Board (“PTAB”). On May 30,
`
`2013, the PTAB issued a Decision on Appeal affirming the Examiner’s determination that these
`
`claims are patentable. On September 13, 2013, the PTO issued Inter Partes Reexamination
`
`Certificate Number 7,333,822 C1, which is now part of the ’822 patent.
`
`19.
`
`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
`
`any and all remedies for infringement, including past damages.
`
`20.
`
`The invention of the ’822 Patent pertains to methods for transmitting messages in
`
`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,
`
`4:23-29. Such networks may comprise telecommunications equipment including Multimedia
`
`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
`
`“connection” (or “session”). Id., 4:25-29. However, setting up these connections requires
`
`certain “overhead” defined by the use of network resources, including “bandwidth” and
`
`“signaling” resources. Id., 4:25-29, 4:64-5:6. Among other things, the invention of the ’822
`
`5
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`
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 6 of 28 PageID #: 6
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`Patent reduces the amount of overhead needed to transmit messages within the network. Id.
`
`This improves efficiency and capacity.
`
`21.
`
`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
`
`of a type of the dedicated MMS message, and also an identifier for indicating a presence of the
`
`dedicated MMS message in the data portion of the short message. Id., 5:50-8:34. In 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
`
`telecommunications network. Id., 6:55-7:60. By using the short message to send the dedicated
`
`MMS notification message, the telecommunications network is able to dispense with the
`
`“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.
`
`U.S. Patent No. 10,382,909
`
`22.
`
`On August 13, 2019, the PTO issued United States Patent No. 10,382,909,
`
`entitled “Method for Transmitting Messages in a Telecommunications Network.” A true and
`
`6
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`
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 7 of 28 PageID #: 7
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`correct copy of the ’909 Patent is attached hereto as Exhibit B and incorporated herein by this
`
`reference.
`
`23.
`
`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,
`
`the Examiner reviewed the art cited during prosecution of the ’822 Patent, the art cited in the
`
`Inter Partes Reexamination of the ’822 Patent, Control No. 95/001,211, and the PTAB’s
`
`Decision on Appeal in the reexamination of the ’822 Patent. The Examiner subsequently
`
`determined the claims of the ’909 Patent to be patentable.
`
`24.
`
`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.
`
`25.
`
`The ’909 Patent describes, inter alia, methods and apparatus for use in
`
`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,
`
`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.
`
`26.
`
`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
`
`7
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`
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 8 of 28 PageID #: 8
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`sending a dedicated MMS message using a short message of the SMS service. Id., 4:11-5:13. In
`
`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
`
`telecommunications network. See id.; see also id., 6:30-7:29. By using the short message to
`
`send the dedicated MMS notification message, the telecommunications network is able to
`
`dispense with the “overhead” associated with “setting up a connection/session.” Id., 4:11-63.
`
`The ’909 Patent further explains that by employing the claimed methods, no “additional
`
`signaling for transmitting notifications” is required, and therefore the network bandwidth and
`
`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.
`
`U.S. Patent No. 6,813,261
`
`27.
`
`On November 2, 2004, the PTO issued United States Patent Number 6,813,261,
`
`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.
`
`28.
`
`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
`
`8
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`
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 9 of 28 PageID #: 9
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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
`
`codes,” and “if the particular code is present, transmit[s] an alert response to the mobile terminal,
`
`the alert response containing data corresponding to the particular code.” Id. at 19:9-20:3.
`
`29.
`
`The ’261 Patent claims relate to technical solutions to technical problems that
`
`arise in the design and implementation of traditional cellular networks. More particularly, the
`
`patent identifies several technical drawbacks of prior art systems, including, for example:
`
`
`
`
`
`“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.
`
`30.
`
`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
`
`9
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`
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 10 of 28 PageID #: 10
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`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)
`
`“detecting the individual alert signals even when a plurality of alert signals are transmitted from
`
`a plurality of mobile terminals to the base station”; and (3) “maintaining, at a low level, the value
`
`of the alert signals transmitted from the mobile terminals”). The claimed techniques enhance the
`
`process for initiating and establishing data transfer between multiple mobile terminals and a base
`
`station, and therefore, improve the function of a computer and computer communication systems
`
`within cellular networks. The methods claimed in the ’261 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.
`
`31.
`
`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
`
`32.
`
`On February 28, 2006, the PTO issued United States Patent Number 7,006,463,
`
`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
`
`hereto as Exhibit D and incorporated herein by this reference.
`
`10
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 11 of 28 PageID #: 11
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`33.
`
`In general, the ’463 Patent pertains to methods and apparatuses for providing
`
`“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
`
`communicate with a single base station” uplink power control is important to limit unwanted
`
`interference in the communication channel. Id. at 1:19-31. The invention of the ’463 Patent
`
`provides for improved uplink power control involving, for example, transmitting power control
`
`signals to multiple “mobile terminals by using [a] common channel shared by the mobile
`
`terminals.” See, e.g., ’463 Patent at Abstract.
`
`34.
`
`The invention of the ’463 Patent provides technical solutions to technical
`
`problems in conventional power control methods. Traditional transmission power control
`
`methods (e.g., for voice-only) operate under the assumption that there exists a pair of uplink and
`
`downlink traffic channels. Id. at 2:40-47. As the patent explains: “[i]f a paired downlink
`
`channel is provided only for the transmission power control of the uplink traffic channel, one
`
`downlink traffic channel is occupied by the transmission power control of only the uplink traffic
`
`channel. The use efficiency of traffic channels is lowered.” Id. at 2:48-52.
`
`35.
`
`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
`
`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
`
`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
`
`11
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`
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 12 of 28 PageID #: 12
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`by a human, nor do they represent the application of a generic computer to any well-known
`
`method of organizing human behavior.
`
`36.
`
`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
`
`37.
`
`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
`
`38.
`
`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
`
`transmitted with the signaling information from the master station to the slave station” in a
`
`cellular network. See id. The invention may include, for example, a “transmitting station” that
`
`“transmit[s] information” “regarding whether data to be sent is processed by an additional
`
`transmitting station,” which is “successively assigned to the receiving station to increase a
`
`reception quality at the receiving station in accordance with measures relating to a transmission
`
`12
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`
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 13 of 28 PageID #: 13
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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.
`
`39.
`
`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
`
`drawbacks of traditional cellular networks, including at least, for example “that it is not known in
`
`the mobile station whether or not the base station is transmitting the data predistorted over the at
`
`least one specially allocated transmission channel. Therefore, the mobile station cannot decide
`
`whether or not it must eliminate distortion from the data received by the base station over the
`
`specially set-up transmission channel.” Id., 1:31-37.
`
`40.
`
`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
`
`master station or the data to be sent by the other master station downstream from and assigned to
`
`the slave station in order to be able to guarantee optimum data reception”; (2) “If the slave
`
`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
`
`elimination because the data will arrive at the slave station with a suitably increased reception
`
`quality”; and (3) “Power consumption at the slave station may be minimized in this manner,
`
`13
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 14 of 28 PageID #: 14
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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.
`
`41.
`
`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
`
`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.
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`FACTUAL BACKGROUND
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`IPCom
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`42.
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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.
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`43.
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`IPCom’s current patent portfolio encompasses over 200 patent families in the
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`field of mobile communications, with more than 1,000 patents registered in Europe, the US and
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`Asia.
`
`44.
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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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`engineers and is continuously looking for ways to develop and enhance mobile technologies. In
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`14
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 15 of 28 PageID #: 15
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`the past, IPCom’s R&D has contributed to the evolution of UMTS to LTE and further to LTE-A.
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`Currently, IPCom plays an active role in evolving 5G cellular technology.
`
`45.
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`IPCom also offers IP consulting services (“Consulting Services”) to assist
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`companies in the development of ideas and new innovations. IPCom’s Consulting Services
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`helps inventors transform ideas into successful inventions with real world applications and a
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`tangible market value. IPCom works closely with inventors to safeguard their ideas and
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`maximize the value of their innovation.
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`46.
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`IPCom is dedicated to maintaining industry standards and continues to collaborate
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`with industry standards setting organizations and third parties to make key contributions to
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`industry bodies including 3GPP, OMA, ETSI, OMTP, Bluetooth SIG, and TCG.
`
`The Verizon Network
`
`47.
`
`Verizon is in the business of providing wireless telephony and data services to
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`customers throughout the United States, including in the State of Texas. These wireless services
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`are provided by a wireless network comprising, in part, a network of base transceiver stations for
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`communication with mobile wireless devices (e.g., customer handsets) over radio frequencies in
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`compliance with certain industry standards.
`
`48.
`
`Since no later than 2006, Verizon has deployed, owned, maintained, operated, and
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`used 3G mobile telecommunication networks in conformance with certain 3rd Generation
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`Partnership Project 2 (“3GPP2”) standards including at least CDMA2000 1xRTT and
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`CDMA2000 1xEV-DO (Evolution-Data Optimized), hereinafter the “Verizon CDMA Network.”
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`Much of the equipment installed in the accused Verizon CDMA Network, including base
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`transceiver stations, was acquired, and installed and configured with assistance from Verizon’s
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`15
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 16 of 28 PageID #: 16
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`longtime business partners, Ericsson and Nokia, who designed, manufactured, and sold such 3G
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`telecommunications equipment.
`
`49.
`
`Since no later than 2010, Verizon has deployed, owned, maintained, operated, and
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`used an LTE network that has operated in conformance with various Third Generation
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`Partnership Project (“3GPP”) LTE standards, hereinafter the “Verizon LTE Network.” Much of
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`the equipment installed in the accused Verizon LTE Network, including base transceiver stations
`
`(a.k.a. eNodeBs) was acquired, and installed and configured with assistance from Verizon’s
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`longtime business partners Ericsson and Nokia/Alcatel, who designed, manufactured, and sold
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`such 4G telecommunications equipment.
`
`50.
`
`Since no later than 2018, Verizon has deployed, owned, maintained, operated, and
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`used a 5G network that has operated in conformance with certain 3GPP standards, hereinafter the
`
`“Verizon 5G Network.” Upon information and belief, much of the equipment installed in the
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`accused Verizon 5G Network, including base transceiver stations was acquired, and installed and
`
`configured with assistance from Verizon’s longtime business partners Ericsson and
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`Nokia/Alcatel, who designed, manufactured, and sold such 5G telecommunications equipment.
`
`51.
`
`Verizon also provides SMS and MMS services in the Verizon Network. To
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`support these services, Verizon owns and operates Multimedia Messaging Service Centers
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`(MMSCs) that conform to standards developed by the 3GPP, 3GPP2 and the Open Mobile
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`Alliance (“OMA”). Mavenir supplies MMSCs and/or other telecommunications equipment and
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`services to Verizon in order to support the processing and transmission of SMS and MMS
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`messages in the Verizon network.
`
`52.
`
`The Verizon Network was accessible by an average of between 90 and 120
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`million customers from 2012-2019, and currently services 119.9 million customers during Q2
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`16
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`Case 2:20-cv-00323-JRG Document 1 Filed 10/01/20 Page 17 of 28 PageID #: 17
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`2020. The Verizon Defendants had a net operating revenue for fiscal year 2019 of nearly $131.9
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`billion. The Verizon CDMA Network, Verizon LTE Network, and Verizon 5G Network
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`continue to operate as of the filing of this Complaint.
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`Verizon’s Third-Party Vendors and Partners
`
`53.
`
`As discussed above, much of the equipment in Verizon’s CDMA, LTE and 5G
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`Networks was acquired from Verizon’s longtime business partners, Erics