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Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 1 of 144 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`
`FAR NORTH PATENTS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`INTERNATIONAL BUSINESS
`MACHINES CORPORATION,
`
`
`
`CIVIL ACTION NO. 4:19-cv-940
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`Defendant.
`
`
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Far North Patents, LLC (“Far North Patents” or “Plaintiff”) files this original
`
`complaint against Defendant International Business Machines Corporation (“IBM” or
`
`“Defendant”), 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 International Business Machines Corporation is a corporation
`
`organized and existing under the laws of New York. International Business Machines
`
`Corporation may be served through its registered agent, CT Corporation System, at 1999 Bryan
`
`Street, Suite 900, Dallas, TX 75201.
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`

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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 2 of 144 PageID #: 2
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`JURISDICTION AND VENUE
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`3.
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`This is an action for infringement of United States patents arising under 35 U.S.C.
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`§§ 271, 281, and 284–85, among others. This Court has subject matter jurisdiction of the action
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`under 28 U.S.C. § 1331 and § 1338(a).
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`4.
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`This Court has personal jurisdiction over IBM pursuant to due process and/or the
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`Texas Long Arm Statute because, inter alia, (i) IBM has done and continues to do business in
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`Texas; (ii) IBM has committed and continues to commit acts of patent infringement in the State
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`of Texas, including making, using, offering to sell, and/or selling accused products in Texas,
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`and/or importing accused products into Texas, including by Internet sales and sales via retail and
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`wholesale stores, inducing others to commit acts of patent infringement in Texas, and/or
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`committing a least a portion of any other infringements alleged herein, and (iii) IBM is registered
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`to do business in Texas.
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`5.
`
`Venue is proper in this district as to International Business Machines Corporation
`
`pursuant to 28 U.S.C. § 1400(b). Venue is further proper because IBM has committed and
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`continues 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
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`to commit acts of patent infringement in this district, and/or committing at least a portion of any
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`other infringements alleged herein in this district. IBM also has a regular and established place
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`of business in this district, including at 3010 Gaylord Pkwy, Suite 300, Frisco, TX 75034 (as
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`shown in the below screenshots from a search of the Collin CAD site).
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 3 of 144 PageID #: 3
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`BACKGROUND
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`6.
`
`The patents-in-suit generally pertain to communications networks and other
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`technology used in the provision of wireless services, Voice over Internet Protocol (“VoIP”)
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`phone systems, high speed networking, and other advanced communication services. The
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`technology disclosed by the patents was developed by personnel at MCI WorldCom
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`(“WorldCom”), Path1 Network Technologies Inc. (“Path1 Network Technologies”), and
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`Robelight LLC (“Robelight”).
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`7.
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`WorldCom was a leading telecommunications service provider in the late 1990s
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`and early 2000s. Verizon acquired WorldCom in 2005. The patents developed at WorldCom
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`(“the Hardy patents”) are related to Quality of Service (“QoS”) evaluation in telecommunications
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`systems.
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`8.
`
`The inventor of the Hardy patents, former principal analyst for quality
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`measurement and analyses at WorldCom Dr. William C. Hardy, was at the forefront of QoS in
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`telecommunications systems. Dr. Hardy developed, disclosed, and patented a solution for
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`efficiently and consistently evaluating QoS. In fact, Dr. Hardy literally wrote the book on QoS
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`in telecommunications systems. See Hardy, William C., QoS Measurement and Evaluation of
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`Telecommunications Quality of Service (Wiley 2001).
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`9.
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`Dr. Hardy has received considerable praise for his work in QoS. Luis Sousa
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`Cardoso, Quality of Service Development Group Chairman, left little doubt regarding the esteem
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`with which he holds Dr. Hardy: “William C. ‘Chris’ Hardy is unquestionably among the leading
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`lights in the field of QoS[.]” Dr. Hardy’s book was reviewed in IEEE Communications
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`Magazine, Vol. 40, No. 2, Feb. 2002, which stated that the book “provides a straightforward and
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`very accessible approach to measurement and evaluation of QoS in telecommunications
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 4 of 144 PageID #: 4
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`networks…strongly recommended for all people, either experiences professionals or graduates,
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`involved in the area of networking[.]” He is even an honorary member of the Russian Academy
`
`of Science.
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`10.
`
`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,
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`AT&T, Avaya, Cisco, Deutsche Telekom (T-Mobile), Dolby Laboratories Licensing
`
`Corporation, Empirix, Ericsson, Genband, General Electric, IBM, Juniper, Microsoft, Motorola,
`
`NEC, Oracle, Panasonic, Ringcentral, Sharp, Siemens, Sprint, USAA, and Verizon.
`
`11.
`
`Path1 Network Technologies is a provider of video over IP services and solutions.
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`The patents developed at Path1 Network Technologies (“the Fellman patents”) relate to
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`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
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`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
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`work was published in several IEEE Transactions journals, including IEEE Transactions on
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`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
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`Signal Processing. He was also a co-founder of Path1 Network Technologies and of Qvidium
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`Technologies. Dr. Cruz, a distinguished scholar in the field of communication networks, was
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`said to have established the field of Network Calculus. In Dr. Cruz’s election to be a Fellow of
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`the IEEE in 2003, he was “cited for his expertise in the area of Quality-of-Service guarantees in
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 5 of 144 PageID #: 5
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`packet-switched networks.”
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`http://jacobsschool.ucsd.edu/news/news_releases/release.sfe?id=1385.
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`12.
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`The Fellman patents (or the applications leading to them) have been cited during
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`patent prosecution hundreds of times, by numerous leading companies in the computer
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`networking and telecommunications industries, including ABB Research, AMD, Amazon,
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`AT&T, Atheros Communications, Avaya, Bose, Broadcom, Canon, Centurylink, Chi Mei
`
`Optoelectronics, Ciena, Cox Communications, Dell, F5 Networks, Fujitsu, Hitachi, Honeywell,
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`Intel, IBM, Lucent, Lutron, Microsoft, National Instruments, National Semiconductor, NEC,
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`Nortel Networks, Oceaneering, Phillips, Qualcomm, Robert Bosch, Samsung, Siemens, Sonos,
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`Sony, Symantec, Texas Instruments, Toshiba, Ubiquiti Networks, Verizon, and Viasat.
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`13.
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`The patents developed at Robelight (“the Light patents”) relate to obtaining
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`presence information over a network. Inventors Elliot D. Light and Jon L. Roberts are named
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`inventors on over 30 patents combined. The Light patents (or the applications leading to them)
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`have been cited during patent prosecution over a hundred times, by numerous leading companies
`
`in the computer networking and telecommunications industries, including Alcatel-Lucent, Apple,
`
`AT&T, Avaya, Google, LG Electronics, Nortel Networks, Qualcomm, Rockstar Consortium,
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`SAP, Shoretel, Vonage, and ZTE.
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`5
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 6 of 144 PageID #: 6
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`COUNT I
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`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,689,105
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`14.
`
`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
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`entitled “Real-Time Monitoring of Perceived Quality of Packet Voice Transmission.”
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`15.
`
`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.
`
`16.
`
`IBM made, had made, used, imported, provided, supplied, distributed, sold,
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`and/or offered for sale products and/or systems including, for example, its IBM Voice Gateway
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`family of products that include advanced quality monitoring capabilities (collectively, “accused
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`products”).
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`(Source : https://www.ibm.com/cloud/blog/announcing-voice-gateway-102-release)
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`6
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 7 of 144 PageID #: 7
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`(Source : https://www.ibm.com/support/knowledgecenter/SS4U29/rtcpnetworkmonitor.html)
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`(Source : https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-H.248.48-201202-I!!PDF-
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`E&type=items)
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`(Source : https://tools.ietf.org/html/rfc3611)
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`(Source : https://tools.ietf.org/html/rfc3611)
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`17.
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`By doing so, IBM has directly infringed (literally and/or under the doctrine of
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`equivalents) at least Claims 1 and 23 of the ‘105 Patent. IBM’s infringement in this regard is
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`ongoing.
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`18.
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`IBM has infringed the ‘105 Patent by using the accused products and thereby
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`practicing a method that includes obtaining, by a network device, a reference matrix based on
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`8
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 9 of 144 PageID #: 9
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`estimates of perceived audio quality of at least portions of one or more first packetized audio
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`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 IBM to implement the
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`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
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`Recommendation E-model. The E-model computes a transmission rating value R, which is a
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`combinational effect of all the transmission parameters in an audio conversation. The E-model
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`uses a reference table (“reference matrix”) based on the estimates of perceived audio
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`conversational/audio quality. The reference table includes modelling values like MOS-CQE
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`(Mean Opinion Score – Estimated Conversational Quality), each associated with a quality level.
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`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.1011-201506-S!!PDF-
`E&type=items)
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.1011-201506-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 12 of 144 PageID #: 12
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 13 of 144 PageID #: 13
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
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`19.
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`The methods practiced by IBM’s use of the accused products include receiving,
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`by the network device, one or more second packetized audio messages and evaluating, by the
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`network device, at least portions of one or more of the one or more second packetized audio
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`messages to obtain measurements associated with the plurality of characteristics. For example,
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`the accused products are used by IBM to implement the ITU-T G.107 Recommendation. The E-
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`model is applied to a real-time voice call (“second packetized audio messages”) for measuring its
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`voice quality by calculating the R value. The R value can be converted into a MOS value. The R
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`value represents the combinational effect of all transmission parameters in an audio
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`conversation. The E-Model estimates the MOS-CQE/audio quality of the speech signals.
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`13
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 14 of 144 PageID #: 14
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 15 of 144 PageID #: 15
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`20.
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`The methods practiced by IBM’s use of the accused products include creating, by
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`the network device, a test matrix using the obtained measurements and comparing, by the
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`network device, the test matrix and the reference matrix to predict a quality level associated with
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`the one or more second packetized audio messages. For example, the accused products are used
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`by IBM 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
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`G.107 E-Model for calculating the R and MOS values. The calculated R/MOS value (“test
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`matrix”) is then compared with the reference table (“reference matrix”) for determining the
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`perceived audio quality. For example, a comparison is performed between estimated MOS value
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`and existing reference values to determine the perceived audio quality of the test speech. For
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`instance, a MOS value of 4.5 and a R value of 95 is compared with each row of the reference
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`table and a perceived voice quality is determined accordingly, which is Best/Very satisfied in
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`this case.
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 16 of 144 PageID #: 16
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 17 of 144 PageID #: 17
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`(Source: https://www.itu.int/ITU-T/studygroups/com12/emodelv1/tut.htm)
`IBM has infringed the ‘105 Patent by making, having made, using, importing,
`21.
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`providing, supplying, distributing, selling or offering for sale products including the claimed
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`non-transitory computer-readable medium having instructions stored thereon configured to cause
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`a computing device to perform operations, and those operations including obtaining a reference
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`matrix based on estimates of perceived audio quality of at least portions of one or more first
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`packetized audio messages, the reference matrix modeling values of a plurality of characteristics
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`associated with a particular quality level. For example, the accused products are configured to
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`be used to implement the ITU-T G.107 Recommendation. The quality of audio in VoIP
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`networks (packet switched networks) is calculated using MOS (Mean Opinion score) values
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`according to ITU-T G.107 Recommendation E-model. The E-model computes a transmission
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`rating value R, which is a combinational effect of all the transmission parameters in an audio
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`conversation. The E-model uses a reference table (“reference matrix”) based on the estimates of
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`perceived audio conversational/audio quality. The reference table includes modelling values like
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`MOS-CQE (Mean Opinion Score – Estimated Conversational Quality), each associated with a
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`quality level.
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 18 of 144 PageID #: 18
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`22.
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`The operations performed by the accused products include creating a test matrix
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`using measurements of at least portions of one or more second packetized audio messages
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`associated with the plurality of characteristics and predicting a quality level associated with the
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`21
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`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 22 of 144 PageID #: 22
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`at least portions of one or more second packetized audio messages by comparing the test matrix
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`to the reference matrix. For example, the accused products are configured to be used to
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`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.
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`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
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`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
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`reference table and a perceived voice quality is determined accordingly, which is Best/Very
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`satisfied in this case.
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`22
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`(Source: https://www.itu.int/ITU-T/studygroups/com12/emodelv1/tut.htm)
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`23.
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`IBM has had knowledge of the ‘105 Patent at least as of its issuance on April 1,
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`2014. On June 25, 2012, U.S. Patent Application Publication No. 2009/0175188, the publication
`
`of the ‘105 Patent application, was cited by the examiner during the prosecution of U.S. Patent
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`No. 8,300,536, entitled “System and method for providing real time indicator of voice
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`transmission quality” and assigned to International Business Machines Corporation. IBM
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`employees Robert C. Hughes, Andrew L. Massey, and Frederic G. Surand, who are listed as
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`inventors on U.S. Patent No. 8,300,536, and others involved in the prosecution of the patent,
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`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 25 of 144 PageID #: 25
`
`including at least John Merecki, have had knowledge of the ‘105 Patent at least as of April 1,
`
`2014.
`
`24.
`
`IBM has had knowledge of the ‘105 Patent at least as of its issuance on April 1,
`
`2014. On May 25, 2010, U.S. Patent No. 7,653,002, the ‘105 Patent’s parent, was cited by the
`
`Examiner during the prosecution of U.S. Patent No. 7,903,579, entitled “Self-optimization and
`
`self-healing of voice quality problems utilizing service oriented architecture” and assigned to
`
`International Business Machines Corporation. The examiner rejected all pending claims, using
`
`U.S. Patent No. 7,653,002 as a primary reference in every rejection. In a September 20, 2010
`
`Response and Amendment, the applicant amended the claims and attempted to distinguish the
`
`‘105 Patent’s parent. IBM employees Robert C. Hughes, Andrew Liam Massey, and William H.
`
`Tworek, who are listed as inventors on U.S. Patent No. 7,903,579, and others involved in the
`
`prosecution of the patent, including James Syta, have had knowledge of the ‘105 Patent at least
`
`as of April 1, 2014.
`
`25.
`
`Far North Patents has been damaged as a result of the infringing conduct by IBM
`
`alleged above. Thus, IBM 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.
`
`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.
`
`
`
`25
`
`
`
`

`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 26 of 144 PageID #: 26
`
`COUNT II
`
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,068,437
`
`27.
`
`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.”
`
`28.
`
`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.
`
`29.
`
`IBM made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems including, for example, its IBM Voice Gateway
`
`family of products that include advanced quality monitoring capabilities (collectively, “accused
`
`products”).
`
`(Source : https://www.ibm.com/cloud/blog/announcing-voice-gateway-102-release)
`
`
`
`26
`
`
`
`
`
`

`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 27 of 144 PageID #: 27
`
`
`
`
`
`(Source : https://www.ibm.com/support/knowledgecenter/SS4U29/rtcpnetworkmonitor.html)
`
`(Source : https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-H.248.48-201202-I!!PDF-
`
`E&type=items)
`
`
`
`27
`
`
`
`

`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 28 of 144 PageID #: 28
`
`(Source : https://tools.ietf.org/html/rfc3611)
`
`
`
`
`
`(Source : https://tools.ietf.org/html/rfc3611)
`
`30.
`
`By doing so, IBM has directly infringed (literally and/or under the doctrine of
`
`equivalents) at least Claim 9 of the ‘437 Patent. IBM’s infringement in this regard is ongoing.
`
`31.
`
`IBM 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 the assumed
`
`
`
`28
`
`
`
`

`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 29 of 144 PageID #: 29
`
`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 IBM 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.
`
`
`
`29
`
`
`
`
`
`

`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 30 of 144 PageID #: 30
`
`(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)
`
`
`
`30
`
`
`
`

`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 31 of 144 PageID #: 31
`
`
`
`
`
`(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)
`
`
`
`31
`
`
`
`

`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 32 of 144 PageID #: 32
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.113-200711-I!!PDF-
`
`E&type=items)
`
`32.
`
`The methods practiced by IBM’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 IBM 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 as an input to the E-
`
`Model. They can be obtained from predefined values based on the implemented codec.
`
`
`
`32
`
`
`
`

`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 33 of 144 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-00940-SDJ Document 1 Filed 12/26/19 Page 34 of 144 PageID #: 34
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.113-200711-I!!PDF-
`
`E&type=items)
`
`33.
`
`The methods practiced by IBM’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 IBM 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.
`
`
`
`34
`
`
`
`

`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 35 of 144 PageID #: 35
`
`
`
`
`
`(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-00940-SDJ Document 1 Filed 12/26/19 Page 36 of 144 PageID #: 36
`
`
`
`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.113-200711-I!!PDF-
`
`E&type=items)
`
`34.
`
`The methods practiced by IBM’s use of the accused products include generating,
`
`by the processor, quality index values from the altered subjective ratings. For example, the
`
`accused products are used by IBM to implement the ITU-T G.107 Recommendation. The
`
`MOSCQE values are calculated using the R values. The R value is calculated using various
`
`parameters which includes the effective equipment impairment factor Ie-eff (“altered subjective
`
`rating”).
`
`
`
`36
`
`
`
`

`

`Case 4:19-cv-00940-SDJ Document 1 Filed 12/26/19 Page 37 of 144 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)
`
`35.
`
`The methods practiced by IBM’s use of the accused products include comparing,
`
`by the processor, the generated quality index values to quality index values of a first
`
`communication service and determining, by the processor, whether the quality of the second
`
`communication service is comparable to a quality of the first communication service based on
`
`the comparison. For example, the accused products are used by IBM to implement the ITU-T
`
`G.107 Recommendation. The E-model is based on modeling the results from multiple subjective
`
`
`
`37

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