Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 1 of 81 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`
`FAR NORTH PATENTS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`MARVELL INTERNATIONAL, LTD. and
`MARVELL TECHNOLOGY GROUP
`LTD.,
`
`
`
`CIVIL ACTION NO. 4:19-cv-941
`
`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
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`complaint against Defendants Marvell International, Ltd. and Marvell Technology Group Ltd.
`
`(“Marvell” 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,
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`75252.
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`2.
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`Defendant Marvell International, Ltd. is a company organized under the laws of
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`Bermuda. Marvell has an office at Canon’s Court, 22 Victoria Street, Hamilton, HM 12,
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`Bermuda.
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`3.
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`Marvell Technology Group Ltd. is a company organized under the laws of
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`Bermuda. Marvell has its corporate headquarters at Canon’s Court, 22 Victoria Street, Hamilton,
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`HM 12, Bermuda.
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`

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`4.
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`The Defendants identified in paragraphs 2-3 above (collectively, “Marvell”) are
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`companies which together comprise one of the world’s largest manufacturers of integrated
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`circuits.
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`5.
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`The Marvell defendants named above are part of the same corporate structure and
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`distribution chain for the making, importing, offering to sell, selling, and/or using of the accused
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`devices in the United States, including in the State of Texas generally and this judicial district in
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`particular.
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`6.
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`The Marvell defendants named above share the same management, common
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`ownership, advertising platforms, facilities, distribution chains and platforms, and accused
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`product lines and products involving related technologies.
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`7.
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`Thus, the Marvell defendants named above operate as a unitary business venture
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`and are jointly and severally liable for the acts of patent infringement alleged herein.
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`JURISDICTION AND VENUE
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`8.
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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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`9.
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`According to a complaint that it filed in the United States International Trade
`
`Commission (“ITC”), Marvell International, Ltd. “conducts significant domestic industry
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`activities in the United States” including “MIL’s significant investment in plant and equipment”
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`and “significant employment of labor and capital.” Specifically, the complaint alleged that “MIL
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`has contracted with MSI [a domestic Marvell affiliate] to conduct research and development,”
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`“MIL has significantly invested in U.S.-based plant and equipment used in research and
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`development,” “MIL, through MSI, has employed and continues to employ a significant number
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`of employees in U.S. facilities that devote substantial man-hours toward research and
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`development,” and “MIL has also invested and continues to invest significantly in U.S.-based
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`research and development and engineering.”
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`10.
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`In that case before the ITC, Marvell International, Ltd. moved for, and was
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`granted, summary determination that Marvell International, Ltd. “satisfied the economic prong of
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`the domestic industry requirement.”
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`11.
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`According to its website, “Marvell Technology Group Ltd. has operations
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`worldwide and more than 7,000 employees,” “has international design centers located in China,
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`Europe, Hong Kong, India, Israel, Japan, Malaysia, Singapore, Taiwan and the U.S.,” and “ships
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`over one billion chips a year.”
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`12.
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`According to its press releases, Marvell Technology Group, Ltd. has worldwide
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`control over the existence of Marvell R&D programs and their level of funding, as well as over
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`the existence and operation of Marvell R&D facilities.
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`13.
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`During the six years preceding the filing of the original complaint in this case,
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`Marvell Technology Group, Ltd. and Marvell International, Ltd. operated and/or funded a design
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`center in Austin that supported their efforts to create, test, and market the accused products.
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`14.
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`This Court has personal jurisdiction over Marvell pursuant to due process and/or
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`the Texas Long Arm Statute because, inter alia, (i) Marvell has done and continues to do
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`business in Texas; and (ii) Marvell has committed and continues to commit acts of patent
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`infringement in the State of Texas, including making, using, offering to sell, and/or selling
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`accused products in Texas, and/or importing accused products into Texas, including by Internet
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`sales and sales via retail and wholesale stores, inducing others to commit acts of patent
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`infringement in Texas, and/or committing a least a portion of any other infringements alleged
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 4 of 81 PageID #: 4
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`herein. In addition, or in the alternative, this Court has personal jurisdiction over Marvell
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`pursuant to Fed. R. Civ. P. 4(k)(2).
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`15.
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`Venue is proper as to Defendants Marvell International, Ltd. and Marvell
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`Technology Group Ltd., which are organized under the laws of Bermuda. 28 U.S.C. § 1391(c)(3)
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`provides that “a defendant not resident in the United States may be sued in any judicial district,
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`and the joinder of such a defendant shall be disregarded in determining where the action may be
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`brought with respect to other defendants.”
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`BACKGROUND
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`16.
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`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 Path1 Network Technologies
`
`Inc. (“Path1 Network Technologies”).
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`17.
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`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
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`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
`
`Networking, IEEE Transactions on Parallel and Distributed Systems, IEEE Transactions on
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`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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`4
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 5 of 81 PageID #: 5
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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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`packet-switched networks.”
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`http://jacobsschool.ucsd.edu/news/news_releases/release.sfe?id=1385.
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`18.
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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
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`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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`COUNT I
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`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,306,053
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`19.
`
`On November 6, 2012, United States Patent No. 8,306,053 (“the ‘053 Patent”)
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`was duly and legally issued by the United States Patent and Trademark Office for an invention
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`entitled “Methods and Apparatus for Providing Quality-of-Service Guarantees in Computer
`
`Networks.”
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`20.
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`Far North Patents is the owner of the ‘053 Patent, with all substantive rights in
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`and to that patent, including the sole and exclusive right to prosecute this action and enforce the
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`‘053 Patent against infringers, and to collect damages for all relevant times.
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`21. Marvell 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 Marvell Link Street
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`88E6341, Marvell Automotive Ethernet Switch 88EA6321, and Marvell 88E6393X Switch IC
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`families of products that include advanced quality of service capabilities (collectively, “accused
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`products”).
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`(Source : https://origin-
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`www.marvell.com/switching/assets/LinkStreet_88E6341_Product_Brief.pdf)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 7 of 81 PageID #: 7
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`(Source : https://origin-
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`www.marvell.com/switching/assets/LinkStreet_88E6341_Product_Brief.pdf)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 8 of 81 PageID #: 8
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`(Source : https://www.marvell.com/documents/xlt1kjv25lhhmhngwqlc/)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 9 of 81 PageID #: 9
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`(Source : https://www.marvell.com/documents/xlt1kjv25lhhmhngwqlc/)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 10 of 81 PageID #: 10
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`
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`(Source : https://blogs.marvell.com/2018/06/versatile-new-ethernet-switch-simultaneously-
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`addresses-multiple-industry-sectors/)
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`22.
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`By doing so, Marvell has directly infringed (literally and/or under the doctrine of
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`equivalents) at least Claims 1 and 14 of the ‘053 Patent. Marvell’s infringement in this regard is
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`ongoing.
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`23. Marvell has infringed the ‘053 Patent by making, having made, using, importing,
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`providing, supplying, distributing, selling or offering for sale products including a device adapter
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`comprising a transmission unit configured to transmit data from a real time device via a network
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`according to a time frame, wherein the time frame is substantially synchronized in the device
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`adapter and at least one other device adapter, the time frame repeating periodically and including
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 11 of 81 PageID #: 11
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`a plurality of assigned time phases and a free access phase. For example, the accused products
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`are configured to be used to implement the IEEE 802.1Q standard. IEEE standard 802.1Q
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`implements a method in which a time aware bridged LAN transmits data from one end point i.e,
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`Precision Time Protocol (“PTP”) instance to another. The endpoints transmit data that is a mix
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`of time-critical traffic and other traffic, (i.e, real time data and non-real time data) via PTP
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`instances such as bridges (device adapters). The end point can be either a real time device or a
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`non-real time device. The bridged network uses 802.1AS base time to synchronize all the clocks
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`of ports associated with bridges (device adapters). Using the Best Master Clock Algorithm, the
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`synchronization time signal is transmitted from a grandmaster to other ports. IEEE Std.
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`802.1AS™-2011 is normative and essential to implement an IEEE Std. 802.1Q Compliant
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`System. IEEE Std. 802.1Q-2018 defines parameters, such as AdminBaseTime and
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`OpenBaseTime, which are used to synchronize the clocks across the network. The bridges
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`containing ports schedule the transmission of traffic based on the synchronized time. Each port
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`associated with a specific set of transmission queues includes a plurality of transmission gates. A
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`transmission gate can be in a closed state or open state. The functionality of assigned time phases
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`is achieved using open gates transmitting data packets during transmission time. The
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`functionality of a free access phase is achieved when the gates are opened for transmission
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`during any time. IEEE Std. 802.1Q-2018 supports cyclic queuing and forwarding structures to
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`create synchronized frames and gates which repeat periodically (Annex T).
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 12 of 81 PageID #: 12
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`(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification-
`1114.pdf)
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 13 of 81 PageID #: 13
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 14 of 81 PageID #: 14
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`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 15 of 81 PageID #: 15
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`(Source: https://avnu.org/wp-content/uploads/2014/05/as-kbstanton-8021AS-tutorial-0714-
`v01.pdf)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 16 of 81 PageID #: 16
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 17 of 81 PageID #: 17
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 18 of 81 PageID #: 18
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`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 19 of 81 PageID #: 19
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`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
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`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015)).
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`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 20 of 81 PageID #: 20
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
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`Networks- IEEE Std 802.1Q™-2018)
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`24.
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`The accused products include a device adapter that is configured to transmit data
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`during at least one of an assigned time phase associated with the device adapter prior to
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`transmission of data from the real-time device by the device adapter, and included in the plurality
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`of assigned time phases, or the free access phase, to refrain from transmitting data during time
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`phases of the plurality of assigned time phases that are not associated with the device adapter,
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`and to be able to determine whether to defer transmission of data during the assigned time phase
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`associated with the device adapter and the free access phase to allow a non-real time device to
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`transmit data. For example, the accused products are configured to be used to implement the
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`IEEE 802.1Q standard. IEEE standard 802.1Q shows that scheduling of ports’ transmission
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`gates (configured) for transmission of data starts prior to the transmission of real-time data. The
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`functionality of assigned time phases is achieved using open gates transmitting data packets
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`during scheduled transmission time. Per Clause 8.6.8 of the IEEE Std. 802.1Q, each time phase
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`is assigned to a specific device adapter prior to transmission of real-time data by the specific
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`device adapter. Furthermore, IEEE 802.1Q performs traffic shaping through Per-Stream
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`Filtering and Policing (PSTP). IEEE standard 802.1Q implements a method in which open gates
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`transmit data packets during transmission time and closed gates refrain data packets from
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`transmission. The functionality of assigned time phases is achieved using open gates transmitting
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`data packets during transmission time. The functionality of free access phase is achieved by the
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`gates that are opened for transmission during any time. IEEE Std. 802.1Q supports Forwarding
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`and Queuing Enhancements for Time Sensitive Streams. Thus, one of the plurality of device
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`adaptors is configured to transmit data during at least one of a respective assigned time phase or
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 21 of 81 PageID #: 21
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`free access phase, to refrain from transmitting data during time phases not assigned to the
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`respective one of the plurality of device adapters. IEEE Std. 802.1Q provides traffic shaping for
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`various classes of data transmission and determining whether to defer transmission of data
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`during at least one of the assigned time phase or the free access phase to allow a non-real time
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`device to transmit data.
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`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
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`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
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`(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification-
`1114.pdf)
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 22 of 81 PageID #: 22
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 23 of 81 PageID #: 23
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`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
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`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 24 of 81 PageID #: 24
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`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
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`Networks- IEEE Std 802.1Q™-2018)
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`25. Marvell has infringed the ‘053 Patent by using the accused products and thereby
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`practicing a method that includes transmitting a synchronization signal at regular intervals to
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`synchronize local clocks of each of a plurality of device adapters. For example, the accused
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`products are used by Marvell to implement the IEEE 802.1Q standard. IEEE standard 802.1Q
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`implements a method in which a time aware bridged LAN use 802.1AS base time to synchronize
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`all the clocks of ports associated with bridges (device adapters) by periodically (regular
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`intervals) sending the Announce messages. Using Best Master Clock Algorithm, the
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`synchronization time signal is transmitted from a grandmaster to other ports via periodic
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`Announce messages. IEEE Std. 802.1AS™-2011 is normative and essential to implement an
`
`IEEE Std. 802.1Q Compliant System. IEEE Std. 802.1Q-2018 defines parameters, such as
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`AdminBaseTime and OpenBaseTime, which are used to synchronize the clocks across the
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`network.
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`(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification-
`1114.pdf)
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 25 of 81 PageID #: 25
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
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`(Source: https://avnu.org/wp-content/uploads/2014/05/as-kbstanton-8021AS-tutorial-0714-
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`27
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 28 of 81 PageID #: 28
`
`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
`
`
`
`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
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`28
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 29 of 81 PageID #: 29
`
`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
`
`
`
`
`
`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`
`Networks- IEEE Std 802.1Q™-2018)
`
`26.
`
`The methods practiced by Marvell’s use of the accused products include
`
`maintaining a substantially synchronized time frame among the plurality of device adapters
`
`interconnected by a network, the time frame repeating periodically and including a plurality of
`
`
`
`29
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`

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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 30 of 81 PageID #: 30
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`assigned time phases and a free access phase. For example, the accused products are used by
`
`Marvell to implement the IEEE 802.1Q standard. The time aware bridged LAN uses 802.1AS
`
`base time to maintain synchronized time for all the ports in the bridges (device adapters). The
`
`bridges containing ports schedule the transmission of traffic based on the synchronized time.
`
`Each port associated with a specific set of transmission queues includes a plurality of
`
`transmission gates. A transmission gate can be in a closed state or open state. The functionality
`
`of assigned time phases is achieved using open gates transmitting data packets during
`
`transmission time. The functionality of free access phase is achieved when the gates are opened
`
`for transmission during any time. IEEE Std. 802.1Q-2018 supports cyclic queuing and
`
`forwarding structures to create synchronized frames and gates which repeat periodically (Annex
`
`T).
`
`(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification-
`1114.pdf)
`
`
`
`
`
`30
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`
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`

`

`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 31 of 81 PageID #: 31
`
`
`
`
`
`(Source: https://avnu.org/wp-content/uploads/2014/05/as-kbstanton-8021AS-tutorial-0714-
`v01.pdf)
`
`(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)
`
`
`
`31
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`

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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 32 of 81 PageID #: 32
`
`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
`
`
`
`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
`
`
`
`32
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`

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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 33 of 81 PageID #: 33
`
`
`
`
`
`
`
`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
`
`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
`
`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
`
`
`
`33
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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 34 of 81 PageID #: 34
`
`
`
`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`
`Networks- IEEE Std 802.1Q™-2018)
`
`27.
`
`The methods practiced by Marvell’s use of the accused products include assigning
`
`each time phase to a specific device adapter prior to transmission of real-time data by the specific
`
`device adapter. For example, the accused products are used by Marvell to implement the IEEE
`
`802.1Q standard. IEEE standard 802.1Q shows that scheduling (assigning) of transmission gates
`
`starts prior to the transmission of real-time data. Per clause 8.6.8 of the IEEE Std. 802.1Q, each
`
`time phase is assigned to a specific device adapter prior to transmission of real-time data by the
`
`specific device adapter. IEEE 802.1Q performs traffic shaping through Per-Stream Filtering and
`
`Policing (PSTP).
`
`
`
`34
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`

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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 35 of 81 PageID #: 35
`
`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
`
`
`
`
`
`
`
`(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification-
`1114.pdf)
`
`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
`
`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
`
`
`
`35
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`

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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 36 of 81 PageID #: 36
`
`
`
`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`
`Networks- IEEE Std 802.1Q™-2018)
`
`28.
`
`The plurality of device adaptors recited above in connection with Marvell’s use of
`
`the accused products includes a respective one of the plurality of device adapters that is
`
`configured to transmit data during at least one of a respective assigned time phase or the free
`
`access phase, to refrain from transmitting data during time phases not assigned to the respective
`
`one of the plurality of device adapters, and to determine whether to defer transmission of data
`
`during at least one of the assigned time phase or the free access phase to allow a non-real time
`
`device to transmit data. For example, the accused products are used by Marvell to implement the
`
`IEEE 802.1Q standard. IEEE standard 802.1Q implements a method in which open gates
`
`transmit data packets during transmission time and closed gates refrain data packets from
`
`transmission. The functionality of assigned time phases is achieved using open gates transmitting
`
`data packets during transmission time. The functionality of free access phase is achieved by the
`
`gates that are opened for transmission during any time. IEEE Std. 802.1Q supports Forwarding
`
`and Queuing Enhancements for Time Sensitive Streams. Thus, one of the plurality of device
`
`adaptors is configured to transmit data during at least one of a respective assigned time phase or
`
`
`
`36
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`

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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 37 of 81 PageID #: 37
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`free access phase, to refrain from transmitting data during time phases not assigned to the
`
`respective one of the plurality of device adapters. IEEE Std. 802.1Q provides traffic shaping for
`
`various classes of data transmission and determining whether to defer transmission of data
`
`during at least one of the assigned time phase or the free access phase to allow a non-real time
`
`device to transmit data.
`
`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
`
`(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged
`Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))
`
`
`
`
`
`
`
`37
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`

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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 38 of 81 PageID #: 38
`
`
`
`
`
`
`
`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`Networks- IEEE Std 802.1Q™-2018)
`
`
`
`
`
`(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged
`
`Networks- IEEE Std 802.1Q™-2018)
`
`29. Marvell has had knowledge of the ‘053 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
`
`Marvell alleged above. Thus, Marvell 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.
`
`
`
`38
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`

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`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 39 of 81 PageID #: 39
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`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 ‘053 Patent.
`
`COUNT II
`
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 6,246,702
`
`32.
`
`On June 12, 2001, United States Patent No. 6,246,702 (“the ‘702 Patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention
`
`entitled “Methods and Apparatus for Providing Quality-of-Service Guarantees in Computer
`
`Networks.”
`
`33.
`
`Far North Patents is the owner of the ‘702 Patent, with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action and enforce the
`
`‘702 Patent against infringers, and to collect damages for all relevant times.
`
`34. Marvell made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems including, for example, its Marvell Link Street
`
`88E6341, Marvell Automotive Ethernet Switch 88EA6321, and Marvell 88E6393X Switch IC
`
`families of products that include advanced quality of service capabilities (collectively, “accused
`
`products”).
`
`
`
`39
`
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`
`

`

`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 40 of 81 PageID #: 40
`
`(Source : https://origin-
`
`www.marvell.com/switching/assets/LinkStreet_88E6341_Product_Brief.pdf)
`
`
`
`
`
`40
`
`
`
`

`

`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 41 of 81 PageID #: 41
`
`(Source : https://origin-
`
`www.marvell.com/switching/assets/LinkStreet_88E6341_Product_Brief.pdf)
`
`
`
`
`
`41
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`
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`

`

`Case 4:19-cv-00941-SDJ Document 1 Filed 12/26/19 Page 42 of 81 PageID #: 42
`
`(Source : https://www.marvell.com/documents/xlt1kjv25lhhmhngwqlc/)
`
`
`
`
`
`42
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`

`

`Case 4:19-cv-0094