Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 1 of 124 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`
`FAR NORTH PATENTS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`BROADCOM PTE. LTD., BROADCOM
`CORP., and CA INC. d/b/a CA
`TECHNOLOGIES,
`
`
`
`CIVIL ACTION NO. 4:19-cv-939
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`Defendants.
`
`
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Far North Patents, LLC (“Far North Patents” or “Plaintiff”) files this original
`
`complaint against Defendants Broadcom Pte. Ltd., Broadcom Corp., and CA Inc. d/b/a CA
`
`Technologies (“Broadcom” or “Defendants”), alleging, based on its own knowledge as to itself
`
`and its own actions and based on information and belief as to all other matters, as follows:
`
`PARTIES
`
`1.
`
`Far North Patents is a limited liability company formed under the laws of the
`
`State of Texas, with its principal place of business at 18383 Preston Rd Suite 250, Dallas, Texas,
`
`75252.
`
`2.
`
`Defendant Broadcom Pte. Ltd. is a corporation organized and existing under the
`
`laws of Singapore, with a place of business at 1 Yishun Avenue 7, Singapore 768923.
`
`3.
`
`Defendant Broadcom Corp. is a corporation organized and existing under the laws
`
`of California. Broadcom Corp. may be served through its registered agent, Corporation Service
`
`Company d/b/a CSC-Lawyers Incorporated Service Company, at 211 E. 7th Street, Suite 620,
`
`Austin, Texas 78701.
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 2 of 124 PageID #: 2
`
`4.
`
`Defendant CA Inc. d/b/a CA Technologies is a corporation organized and existing
`
`under the laws of Delaware. CA Inc. d/b/a CA Technologies may be served through its
`
`registered agent, the Corporation Trust Company, at Corporation Trust Center 1209 Orange St.,
`
`Wilmington, DE 19801.
`
`5.
`
`The Defendants identified in paragraphs 2-4 above (collectively, “Broadcom”) are
`
`companies which together comprise one of the world’s largest entities specializing in
`
`communications technologies and integrated circuits.
`
`6.
`
`The Broadcom defendants named above are part of the same corporate structure
`
`and distribution chain for the making, importing, offering to sell, selling, and/or using of the
`
`accused devices in the United States, including in the State of Texas generally and this judicial
`
`district in particular.
`
`7.
`
`The Broadcom defendants named above share the same management, common
`
`ownership, advertising platforms, facilities, distribution chains and platforms, and accused
`
`product lines and products involving related technologies.
`
`8.
`
`Thus, the Broadcom defendants named above operate as a unitary business
`
`venture and are jointly and severally liable for the acts of patent infringement alleged herein.
`
`JURISDICTION AND VENUE
`
`9.
`
`This is an action for infringement of United States patents arising under 35 U.S.C.
`
`§§ 271, 281, and 284–85, among others. This Court has subject matter jurisdiction of the action
`
`under 28 U.S.C. § 1331 and § 1338(a).
`
`10.
`
`This Court has personal jurisdiction over Broadcom pursuant to due process
`
`and/or the Texas Long Arm Statute because, inter alia, (i) Broadcom has done and continues to
`
`do business in Texas; and (ii) Broadcom has committed and continues to commit acts of patent
`
`
`
`2
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 3 of 124 PageID #: 3
`
`infringement in the State of Texas, including making, using, offering to sell, and/or selling
`
`accused products in Texas, and/or importing accused products into Texas, including by Internet
`
`sales and sales via retail and wholesale stores, inducing others to commit acts of patent
`
`infringement in Texas, and/or committing a least a portion of any other infringements alleged
`
`herein. In addition, or in the alternative, this Court has personal jurisdiction over Broadcom Pte.
`
`Ltd. pursuant to Fed. R. Civ. P. 4(k)(2).
`
`11.
`
`Venue is proper as to Defendant Broadcom Pte. Ltd., which is organized under
`
`the laws of Singapore. 28 U.S.C. § 1391(c)(3) provides that “a defendant not resident in the
`
`United States may be sued in any judicial district, and the joinder of such a defendant shall be
`
`disregarded in determining where the action may be brought with respect to other defendants.”
`
`12.
`
`Venue as to Broadcom Corp. and CA Inc. d/b/a CA Technologies pursuant to 28
`
`U.S.C. § 1400(b). Venue is further proper because Broadcom Corp. and CA Inc. d/b/a CA
`
`Technologies have committed and continue to commit acts of patent infringement in this district,
`
`including making, using, offering to sell, and/or selling accused products in this district, and/or
`
`importing accused products into this district, including by Internet sales and sales via retail and
`
`wholesale stores, inducing others to commit acts of patent infringement in this district, and/or
`
`committing at least a portion of any other infringements alleged herein in this district. Broadcom
`
`Corp. and CA Inc. d/b/a CA Technologies also have a regular and established place of business
`
`in this district, including at 5465 Legacy Dr., Suite 700, Plano, TX 75024 (as shown in the below
`
`screenshots from Broadcom’s website and from Google Maps Street View).
`
`
`
`3
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 4 of 124 PageID #: 4
`
`
`
`
`
`BACKGROUND
`
`13.
`
`The patents-in-suit generally pertain to communications networks and other
`
`technology used in the provision of wireless services, Voice over Internet Protocol (“VoIP”)
`
`phone systems, high speed networking, and other advanced communication services. The
`
`technology disclosed by the patents was developed by personnel at MCI WorldCom
`
`(“WorldCom”) and Path1 Network Technologies Inc. (“Path1 Network Technologies”).
`
`
`
`4
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 5 of 124 PageID #: 5
`
`14. WorldCom was a leading telecommunications service provider in the late 1990s
`
`and early 2000s. Verizon acquired WorldCom in 2005. The patents developed at WorldCom
`
`(“the Hardy patents”) are related to Quality of Service (“QoS”) evaluation in telecommunications
`
`systems.
`
`15.
`
`The inventor of the Hardy patents, former principal analyst for quality
`
`measurement and analyses at WorldCom Dr. William C. Hardy, was at the forefront of QoS in
`
`telecommunications systems. Dr. Hardy developed, disclosed, and patented a solution for
`
`efficiently and consistently evaluating QoS. In fact, Dr. Hardy literally wrote the book on QoS
`
`in telecommunications systems. See Hardy, William C., QoS Measurement and Evaluation of
`
`Telecommunications Quality of Service (Wiley 2001).
`
`16.
`
`Dr. Hardy has received considerable praise for his work in QoS. Luis Sousa
`
`Cardoso, Quality of Service Development Group Chairman, left little doubt regarding the esteem
`
`with which he holds Dr. Hardy: “William C. ‘Chris’ Hardy is unquestionably among the leading
`
`lights in the field of QoS[.]” Dr. Hardy’s book was reviewed in IEEE Communications
`
`Magazine, Vol. 40, No. 2, Feb. 2002, which stated that the book “provides a straightforward and
`
`very accessible approach to measurement and evaluation of QoS in telecommunications
`
`networks…strongly recommended for all people, either experiences professionals or graduates,
`
`involved in the area of networking[.]” He is even an honorary member of the Russian Academy
`
`of Science.
`
`17.
`
`The Hardy patents (or the applications leading to them) have been cited during
`
`patent prosecution hundreds of times, by numerous leading companies in the computer
`
`networking and telecommunications industries industry, including Adtran, Alcatel-Lucent, Arris,
`
`AT&T, Avaya, Cisco, Deutsche Telekom (T-Mobile), Dolby Laboratories Licensing
`
`
`
`5
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 6 of 124 PageID #: 6
`
`Corporation, Empirix, Ericsson, Genband, General Electric, IBM, Juniper, Microsoft, Motorola,
`
`NEC, Oracle, Panasonic, Ringcentral, Sharp, Siemens, Sprint, USAA, and Verizon.
`
`18.
`
`Path1 Network Technologies is a provider of video over IP services and solutions.
`
`The patents developed at Path1 Network Technologies (“the Fellman patents”) relate to
`
`providing service guarantees for time sensitive signals in computer networks. The inventors of
`
`these patents include Dr. Ronald D. Fellman and Dr. Rene L. Cruz. Drs. Fellman and Cruz, both
`
`former professors of electrical and computer engineering at the University of California at San
`
`Diego, were pioneers in network technology. Dr. Fellman was an IEEE Senior Member, and his
`
`work was published in several IEEE Transactions journals, including IEEE Transactions on
`
`Networking, IEEE Transactions on Parallel and Distributed Systems, IEEE Transactions on
`
`Systems, Man, and Cybernetics, IEEE Transactions on Signal Processing, IEEE Transactions on
`
`Very Large Scale Integration (VLSI) Systems, IEEE Transactions on Acoustics, Speech and
`
`Signal Processing. He was also a co-founder of Path1 Network Technologies and of Qvidium
`
`Technologies. Dr. Cruz, a distinguished scholar in the field of communication networks, was
`
`said to have established the field of Network Calculus. In Dr. Cruz’s election to be a Fellow of
`
`the IEEE in 2003, he was “cited for his expertise in the area of Quality-of-Service guarantees in
`
`packet-switched networks.”
`
`http://jacobsschool.ucsd.edu/news/news_releases/release.sfe?id=1385.
`
`19.
`
`The Fellman patents (or the applications leading to them) have been cited during
`
`patent prosecution hundreds of times, by numerous leading companies in the computer
`
`networking and telecommunications industries, including ABB Research, AMD, Amazon,
`
`AT&T, Atheros Communications, Avaya, Bose, Broadcom, Canon, Centurylink, Chi Mei
`
`Optoelectronics, Ciena, Cox Communications, Dell, F5 Networks, Fujitsu, Hitachi, Honeywell,
`
`
`
`6
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 7 of 124 PageID #: 7
`
`Intel, IBM, Lucent, Lutron, Microsoft, National Instruments, National Semiconductor, NEC,
`
`Nortel Networks, Oceaneering, Phillips, Qualcomm, Robert Bosch, Samsung, Siemens, Sonos,
`
`Sony, Symantec, Texas Instruments, Toshiba, Ubiquiti Networks, Verizon, and Viasat.
`
`COUNT I
`
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,689,105
`
`20.
`
`On April 1, 2014, United States Patent No. 8,689,105 (“the ‘105 Patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention
`
`entitled “Real-Time Monitoring of Perceived Quality of Packet Voice Transmission.”
`
`21.
`
`Far North Patents is the owner of the ‘105 Patent, with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action and enforce the
`
`‘105 Patent against infringers, and to collect damages for all relevant times.
`
`22.
`
`Broadcom made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems including, for example, its Broadcom CA Unified
`
`Communications Monitor and Broadcom CA NetQoS NetVoyant 7.1 families of products that
`
`include advanced quality monitoring capabilities (collectively, “accused products”).
`
`(Source : https://techdocs.broadcom.com/us/licensing/ca-unified-communications-monitor.html)
`
`
`
`
`
`7
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 8 of 124 PageID #: 8
`
`(Source:
`
`https://ftpdocs.broadcom.com/cadocs/0/CA%20Unified%20Communications%20Monitor%203
`
`%203-ENU/Bookshelf_Files/PDF/UCM_ReportingGuide_ENU.pdf)
`
`
`
`
`
`8
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 9 of 124 PageID #: 9
`
`(Source:
`
`https://ftpdocs.broadcom.com/cadocs/0/CA%20Unified%20Communications%20Monitor%203
`
`%203-ENU/Bookshelf_Files/PDF/UCM_ReportingGuide_ENU.pdf)
`
`
`
`
`
`
`
`9
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 10 of 124 PageID #: 10
`
`(Source : https://techdocs.broadcom.com/us/licensing/ca-netqos-netvoyant.html)
`
`
`
`(Source : https://techdocs.broadcom.com/content/broadcom/techdocs/us/en/ca-enterprise-
`
`software/it-operations-management/netqos-netvoyant/7-1/reference/built-in-ca-netvoyant-
`
`views/ip-sla-views/mean-opinion-
`
`score.html#toccontentbroadcomtechdocsusencaenterprisesoftwareitoperationsmanagementnetqos
`
`netvoyant71referencehtmlReference)
`
`23.
`
`By doing so, Broadcom has directly infringed (literally and/or under the doctrine
`
`of equivalents) at least Claims 1 and 23 of the ‘105 Patent. Broadcom’s infringement in this
`
`regard is ongoing.
`
`24.
`
`Broadcom has infringed the ‘105 Patent by using the accused products and
`
`thereby practicing a method that includes obtaining, by a network device, a reference matrix
`
`based on estimates of perceived audio quality of at least portions of one or more first packetized
`
`
`
`10
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 11 of 124 PageID #: 11
`
`audio messages, the reference matrix modeling values of a plurality of characteristics associated
`
`with a particular quality level. For example, the accused products are used by Broadcom to
`
`implement the ITU-T G.107 Recommendation. The quality of audio in VoIP networks (packet
`
`switched networks) are calculated using MOS (Mean Opinion score) values according to ITU-T
`
`G.107 Recommendation E-model. The E-model computes a transmission rating value R, which
`
`is a combinational effect of all the transmission parameters in an audio conversation. The E-
`
`model uses a reference table (“reference matrix”) based on the estimates of perceived audio
`
`conversational/audio quality. The reference table includes modelling values like MOS-CQE
`
`(Mean Opinion Score – Estimated Conversational Quality), each associated with a quality level.
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.1011-201506-S!!PDF-
`E&type=items)
`
`
`
`11
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 12 of 124 PageID #: 12
`
`
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.1011-201506-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`12
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 13 of 124 PageID #: 13
`
`
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`13
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 14 of 124 PageID #: 14
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`
`
`
`
`14
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 15 of 124 PageID #: 15
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
`
`E&type=items)
`
`25.
`
`The methods practiced by Broadcom’s use of the accused products include
`
`receiving, by the network device, one or more second packetized audio messages and evaluating,
`
`by the network device, at least portions of one or more of the one or more second packetized
`
`audio messages to obtain measurements associated with the plurality of characteristics. For
`
`example, the accused products are used by Broadcom to implement the ITU-T G.107
`
`Recommendation. The E-model is applied to a real-time voice call (“second packetized audio
`
`messages”) for measuring its voice quality by calculating the R value. The R value can be
`
`converted into a MOS value. The R value represents the combinational effect of all transmission
`
`
`
`15
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 16 of 124 PageID #: 16
`
`parameters in an audio conversation. The E-Model estimates the MOS-CQE/audio quality of the
`
`speech signals.
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`
`
`16
`
`
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 17 of 124 PageID #: 17
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
`
`E&type=items)
`
`26.
`
`The methods practiced by Broadcom’s use of the accused products include
`
`creating, by the network device, a test matrix using the obtained measurements and comparing,
`
`by the network device, the test matrix and the reference matrix to predict a quality level
`
`associated with the one or more second packetized audio messages. For example, the accused
`
`products are used by Broadcom to implement the ITU-T G.107 Recommendation. ITU-T G.107
`
`E-Model estimates MOS-CQE/audio quality of the speech signals. The test speech signal
`
`parameters are input to the G.107 E-Model for calculating the R and MOS values. The calculated
`
`R/MOS value (“test matrix”) is then compared with the reference table (“reference matrix”) for
`
`determining the perceived audio quality. For example, a comparison is performed between
`
`estimated MOS value and existing reference values to determine the perceived audio quality of
`
`the test speech. For instance, a MOS value of 4.5 and a R value of 95 is compared with each row
`
`of the reference table and a perceived voice quality is determined accordingly, which is
`
`Best/Very satisfied in this case.
`
`
`
`17
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 18 of 124 PageID #: 18
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
`E&type=items)
`
`
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`
`
`18
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 19 of 124 PageID #: 19
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items )
`
`
`
`(Source: https://www.itu.int/ITU-T/studygroups/com12/emodelv1/tut.htm)
`Broadcom has infringed the ‘105 Patent by making, having made, using,
`27.
`
`importing, providing, supplying, distributing, selling or offering for sale products including the
`
`claimed non-transitory computer-readable medium having instructions stored thereon configured
`
`to cause a computing device to perform operations, and those operations including obtaining a
`
`reference matrix based on estimates of perceived audio quality of at least portions of one or more
`
`first packetized audio messages, the reference matrix modeling values of a plurality of
`
`characteristics associated with a particular quality level. For example, the accused products are
`
`configured to be used to implement the ITU-T G.107 Recommendation. The quality of audio in
`
`VoIP networks (packet switched networks) is calculated using MOS (Mean Opinion score)
`
`
`
`19
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 20 of 124 PageID #: 20
`
`values according to ITU-T G.107 Recommendation E-model. The E-model computes a
`
`transmission rating value R, which is a combinational effect of all the transmission parameters in
`
`an audio conversation. The E-model uses a reference table (“reference matrix”) based on the
`
`estimates of perceived audio conversational/audio quality. The reference table includes
`
`modelling values like MOS-CQE (Mean Opinion Score – Estimated Conversational Quality),
`
`each associated with a quality level.
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.1011-201506-S!!PDF-
`E&type=items)
`
`
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.1011-201506-S!!PDF-
`E&type=items)
`
`
`
`20
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 21 of 124 PageID #: 21
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`
`
`
`
`21
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 22 of 124 PageID #: 22
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`22
`
`
`
`
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 23 of 124 PageID #: 23
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
`
`E&type=items)
`
`28.
`
`The operations performed by the accused products include creating a test matrix
`
`using measurements of at least portions of one or more second packetized audio messages
`
`associated with the plurality of characteristics and predicting a quality level associated with the
`
`
`
`23
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 24 of 124 PageID #: 24
`
`at least portions of one or more second packetized audio messages by comparing the test matrix
`
`to the reference matrix. For example, the accused products are configured to be used to
`
`implement the ITU-T G.107 Recommendation. The E-model is applied to a real-time voice call
`
`(“second packetized audio messages”) for measuring its voice quality by calculating the R value.
`
`The R value can be converted into a MOS value. The R value represents the combinational effect
`
`of all transmission parameters in an audio conversation. ITU-T G.107 E-Model estimates MOS-
`
`CQE/audio quality of the speech signals. The test speech signal parameters are input to the
`
`G.107 E model for calculating the R and MOS values. The calculated R/MOS value (“test
`
`matrix”) is then compared with the reference table (“reference matrix”) for determining the
`
`perceived audio quality. For example, a comparison is performed between estimated MOS value
`
`and existing reference values to determine the perceived audio quality of the test speech. For
`
`instance, a MOS value of 4.5 and a R value of 95 would be compared with each row of the
`
`reference table and a perceived voice quality is determined accordingly, which is Best/Very
`
`satisfied in this case.
`
`
`
`24
`
`
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 25 of 124 PageID #: 25
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
`E&type=items)
`
`
`
`
`
`25
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 26 of 124 PageID #: 26
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`
`
`(Source: https://www.itu.int/ITU-T/studygroups/com12/emodelv1/tut.htm)
`
`29.
`
`Broadcom has had knowledge of the ‘105 Patent at least as of the date when it
`
`was notified of the filing of this action.
`
`30.
`
`Far North Patents has been damaged as a result of the infringing conduct by
`
`Broadcom alleged above. Thus, Broadcom is liable to Far North Patents in an amount that
`
`adequately compensates it for such infringements, which, by law, cannot be less than a
`
`reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`
`
`26
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 27 of 124 PageID #: 27
`
`31.
`
`Far North Patents and/or its predecessors-in-interest have satisfied all statutory
`
`obligations required to collect pre-filing damages for the full period allowed by law for
`
`infringement of the ‘105 Patent.
`
`COUNT II
`
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,068,437
`
`32.
`
`On November 29, 2011, United States Patent No. 8,068,437 (“the ‘437 Patent”)
`
`was duly and legally issued by the United States Patent and Trademark Office for an invention
`
`entitled “Determining the Effects of New Types of Impairments on Perceived Quality of a Voice
`
`Service.”
`
`33.
`
`Far North Patents is the owner of the ‘437 Patent, with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action and enforce the
`
`‘437 Patent against infringers, and to collect damages for all relevant times.
`
`34.
`
`Broadcom made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems including, for example, its Broadcom CA Unified
`
`Communications Monitor and Broadcom CA NetQoS NetVoyant 7.1 families of products that
`
`include advanced quality monitoring capabilities (collectively, “accused products”).
`
`(Source : https://techdocs.broadcom.com/us/licensing/ca-unified-communications-monitor.html)
`
`
`
`
`
`27
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 28 of 124 PageID #: 28
`
`(Source:
`
`https://ftpdocs.broadcom.com/cadocs/0/CA%20Unified%20Communications%20Monitor%203
`
`%203-ENU/Bookshelf_Files/PDF/UCM_ReportingGuide_ENU.pdf)
`
`
`
`
`
`28
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 29 of 124 PageID #: 29
`
`(Source:
`
`https://ftpdocs.broadcom.com/cadocs/0/CA%20Unified%20Communications%20Monitor%203
`
`%203-ENU/Bookshelf_Files/PDF/UCM_ReportingGuide_ENU.pdf)
`
`
`
`
`
`
`
`29
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 30 of 124 PageID #: 30
`
`(Source : https://techdocs.broadcom.com/us/licensing/ca-netqos-netvoyant.html)
`
`
`
`(Source : https://techdocs.broadcom.com/content/broadcom/techdocs/us/en/ca-enterprise-
`
`software/it-operations-management/netqos-netvoyant/7-1/reference/built-in-ca-netvoyant-
`
`views/ip-sla-views/mean-opinion-
`
`score.html#toccontentbroadcomtechdocsusencaenterprisesoftwareitoperationsmanagementnetqos
`
`netvoyant71referencehtmlReference)
`
`35.
`
`By doing so, Broadcom has directly infringed (literally and/or under the doctrine
`
`of equivalents) at least Claim 9 of the ‘437 Patent. Broadcom’s infringement in this regard is
`
`ongoing.
`
`36.
`
`Broadcom has infringed the ‘437 Patent by using the accused products and
`
`thereby practicing a method performed by a computer system that includes generating, by a
`
`processor of the computer system, an assumed model for a second communication service, where
`
`
`
`30
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 31 of 124 PageID #: 31
`
`the assumed model is used to transform data regarding a first performance characteristic in the
`
`second communication service to reflect effects from a second performance characteristic in the
`
`second communication service. For example, the accused products are used by Broadcom to
`
`implement the ITU-T G.107 Recommendation. The ITU-T G.107 Recommendation includes an
`
`E-model for calculating voice quality as perceived by a typical telephone user. The E-model
`
`outputs a transmission rating factor i.e., R, which can be transformed into Mean Opinion Score
`
`i.e., MOS value that represents the voice quality. The R value combines the effects of all relevant
`
`transmission parameters, and comprises of an effective Equipment impairment factor, Ie-eff. The
`
`E-model is applied to a real-time voice call (“second communication service”) for measuring its
`
`voice quality. The effective Equipment impairment factor is calculated using a mathematical
`
`algorithm (“assumed model”). The mathematical algorithm includes an addition of two values.
`
`The first value is an equipment impairment factor (“first performance characteristic”) at zero
`
`packet loss, or Ie. The Ie values are based on subjective MOS test results and are predefined for
`
`different codecs in ITU-T G.113 recommendation. The second value is a computation of
`
`different packet-loss-based parameters (“second performance characteristic”) namely, a packet
`
`loss robustness factor (Bpl), packet loss probability (Ppl) and a burst ratio. Thus, the computed
`
`Ie-eff value reflects the effects of packet loss in the voice quality.
`
`
`
`31
`
`
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 32 of 124 PageID #: 32
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`32
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 33 of 124 PageID #: 33
`
`
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`33
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 34 of 124 PageID #: 34
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.113-200711-I!!PDF-
`
`E&type=items)
`
`37.
`
`The methods practiced by Broadcom’s use of the accused products include
`
`establishing, by the processor, a communication session via the second communication service
`
`and obtaining, by the processor, subjective ratings of the first performance characteristic in the
`
`second communication service using the established communication session. For example, the
`
`accused products are used by Broadcom to implement the ITU-T G.107 Recommendation. The
`
`E-model is applied to a real-time voice call session over a system including the accused products
`
`(“second communication service”) for measuring the call’s voice quality by calculating the R
`
`value. The R value comprises of an effective Equipment impairment factor, Ie-eff which is
`
`calculated using various parameters like an equipment impairment factor at zero packet loss Ie
`
`(“first performance characteristic”), and other packet loss based parameters. The Ie values
`
`(“subjective ratings”) are derived from the results of subjective listening-only tests and are used
`
`
`
`34
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 35 of 124 PageID #: 35
`
`as an input to the E-Model. They can be obtained from predefined values based on the
`
`implemented codec.
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`35
`
`
`
`
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 36 of 124 PageID #: 36
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.113-200711-I!!PDF-
`
`E&type=items)
`
`38.
`
`The methods practiced by Broadcom’s use of the accused products include
`
`generating, by the processor, altered subjective ratings using the assumed model to reflect effects
`
`of the second performance characteristic on the subjective ratings. For example, the accused
`
`products are used by Broadcom to implement the ITU-T G.107 Recommendation. The effective
`
`equipment impairment factor Ie-eff is calculated using a mathematical algorithm (“assumed
`
`model”). The mathematical algorithm includes an addition of two values. The first value is an
`
`equipment impairment factor (“first performance characteristic”) at zero packet loss i.e., Ie. The
`
`Ie values are based on subjective MOS test results and are predefined for different codecs in ITU-
`
`T G.113 recommendation. The second value is a computation of different packet loss (“second
`
`performance characteristic”) based parameters namely, a packet loss robustness factor (Bpl),
`
`packet loss probability (Ppl) and a burst ratio. Thus, the computed Ie-eff value reflects the effects
`
`of packet loss on the equipment impairment factor at zero packet loss.
`
`
`
`36
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 37 of 124 PageID #: 37
`
`
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`37
`
`
`
`

`

`Case 4:19-cv-00939-SDJ Document 1 Filed 12/26/19 Page 38 of 124 PageID #: 38
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.113-200711-I!!PDF-
`
`E&type=items)
`
`39.
`
`The methods practiced by Broadcom’s use of the accused products include
`
`generating, by the processor, quality index values from the altered subjective ratings.