Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 1 of 209 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`
`FAR NORTH PATENTS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`MITEL NETWORKS CORPORATION,
`and MITEL NETWORKS, INC.,
`
`
`
`CIVIL ACTION NO. 4:19-cv-942
`
`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 Mitel Networks Corporation and Mitel Networks, Inc.,
`
`(collectively “Mitel” 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 Mitel Networks Corporation is a corporation organized and existing
`
`under the laws of Canada, with a place of business at 350 Legget Dr., Kanata, ON K2K 2W7.
`
`3.
`
`Defendant Mitel Networks, Inc. is a corporation organized and existing under the
`
`laws of Delaware. Mitel maintains a regional office in the Eastern District of Texas located at
`
`either or both of 5360 Legacy Drive, Suite 300, Plano, TX 75024-3130 or 5850 Granite Pkwy,
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`
`FAR NORTH PATENTS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`MITEL NETWORKS CORPORATION,
`and MITEL NETWORKS, INC.,
`
`
`
`CIVIL ACTION NO. 4:19-cv-942
`
`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 Mitel Networks Corporation and Mitel Networks, Inc.,
`
`(collectively “Mitel” 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 Mitel Networks Corporation is a corporation organized and existing
`
`under the laws of Canada, with a place of business at 350 Legget Dr., Kanata, ON K2K 2W7.
`
`3.
`
`Defendant Mitel Networks, Inc. is a corporation organized and existing under the
`
`laws of Delaware. Mitel maintains a regional office in the Eastern District of Texas located at
`
`either or both of 5360 Legacy Drive, Suite 300, Plano, TX 75024-3130 or 5850 Granite Pkwy,
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 2 of 209 PageID #: 2
`
`Suite 600, Plano, TX 75024. Mitel Networks, Inc. may be served through its registered agent,
`
`CT Corporation System, at 1999 Bryan Street, Suite 900, Dallas, TX 75201.
`
`4.
`
`The Defendants identified in paragraphs 2-3 above (collectively, “Mitel”) are
`
`companies which together comprise one of the world’s largest entities specializing in
`
`communications technologies.
`
`5.
`
`The Mitel 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.
`
`6.
`
`The Mitel 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.
`
`7.
`
`Thus, the Mitel 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
`
`8.
`
`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).
`
`9.
`
`This Court has personal jurisdiction over Mitel pursuant to due process and/or the
`
`Texas Long Arm Statute because, inter alia, (i) Mitel has done and continues to do business in
`
`Texas; (ii) Mitel has committed and continues to commit acts of patent 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
`
`
`
`2
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 3 of 209 PageID #: 3
`
`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, and (iii) Mitel Networks,
`
`Inc. is registered to do business in Texas. In addition, or in the alternative, this Court has
`
`personal jurisdiction over Mitel Networks Corporation pursuant to Fed. R. Civ. P. 4(k)(2).
`
`10.
`
`Venue is proper as to Defendant Mitel Networks Corporation, which is organized
`
`under the laws of Canada. 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.”
`
`11.
`
`Venue is proper in this district as to Mitel Networks, Inc. pursuant to 28 U.S.C. §
`
`1400(b). Venue is further proper because Mitel has committed and 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 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. Mitel also has regular and established places of
`
`business in this district, including at either or both of 5360 Legacy Drive, Suite 300, Plano, TX
`
`75024-3130 or 5850 Granite Pkwy, Suite 600, Plano, TX 75024 (as shown in the below
`
`screenshots from Mitel’s website, https://www.mitel.com/contact/locations/texas-plano and from
`
`a search of the Collin CAD site).
`
`
`
`3
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 4 of 209 PageID #: 4
`
`
`
`
`
`BACKGROUND
`
`12.
`
`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”), Path1 Network Technologies Inc. (“Path1 Network Technologies”), Robelight
`
`LLC (“Robelight”), and BellSouth Corporation (“BellSouth”).
`
`13. 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.
`
`
`
`4
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 5 of 209 PageID #: 5
`
`14.
`
`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).
`
`15.
`
`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.
`
`16.
`
`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
`
`Corporation, Empirix, Ericsson, Genband, General Electric, IBM, Juniper, Microsoft, Motorola,
`
`NEC, Oracle, Panasonic, Ringcentral, Sharp, Siemens, Sprint, USAA, and Verizon.
`
`17.
`
`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
`
`
`
`5
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 6 of 209 PageID #: 6
`
`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.
`
`18.
`
`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,
`
`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.
`
`
`
`6
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 7 of 209 PageID #: 7
`
`19.
`
`The patents developed at Robelight (“the Light patents”) relate to obtaining
`
`presence information over a network. Inventors Elliot D. Light and Jon L. Roberts are named
`
`inventors on over 30 patents combined. The Light patents (or the applications leading to them)
`
`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,
`
`SAP, Shoretel, Vonage, and ZTE.
`
`20.
`
`BellSouth, founded in 1983 as one of the seven original Regional Bell Operating
`
`Companies after the breakup of AT&T, was a giant in the telecommunications industry.
`
`BellSouth was active in both broadband and wireless, operating in the southern United States as
`
`well as in Argentina, Australia, Chile, Colombia, Ecuador, Guatemala, New Zealand, Nicaragua,
`
`Panama, Peru, Uruguay, and Venezuela. BellSouth was acquired by AT&T in 2006 for
`
`approximately $86 billion.
`
`21.
`
`The patents developed at BellSouth (“the Easley patents”) relate to providing a
`
`calling name service for mobile phones. Larry Scott Easley, the inventor of the Easley patents,
`
`was a prolific inventor for BellSouth—he was a named inventor on ten United States Patents.
`
`The Easley patents (or the applications leading to them) have been cited during patent
`
`prosecution over a hundred times, by numerous leading companies in the computer networking
`
`and telecommunications industries, including Alcatel-Lucent, AT&T, Ericsson, Genesys, Lucent,
`
`Nortel Networks, Siemens, Sprint, and Sybase 365.
`
`
`
`7
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 8 of 209 PageID #: 8
`
`COUNT I
`
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,689,105
`
`22.
`
`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.”
`
`23.
`
`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.
`
`24. Mitel made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems including, for example, its Mitel Performance
`
`Analytics, Mitel Enterprise Manager, and Mitel Connect families of products that include
`
`advanced quality monitoring capabilities (collectively, “accused products”).
`
`
`
`8
`
`
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 9 of 209 PageID #: 9
`
`(Source : https://www.mitel.com/-
`
`/media/mitel/pdf/brochures/brochure_mpa_3_0.pdf?modified=20191016161501)
`
`(Source: https://martellotech.com/wp-content/uploads/2018/07/MPA_2.1_System_Guide.pdf)
`
`
`
`
`
`9
`
`
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 10 of 209 PageID #: 10
`
`(Source: https://martellotech.com/wp-content/uploads/2018/07/MPA_2.1_System_Guide.pdf)
`
`(Source :
`
`https://www.cacommunications.com/productcatalog/mitel/pdf/MitelEnterpriseManager-
`
`Brochure.pdf)
`
`
`
`
`
`10
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 11 of 209 PageID #: 11
`
`(Source :
`
`http://www.ashtelecom.co.uk/imgpdf/92_378_Voice_Quality_Performance_Management.pdf)
`
`
`
`
`
`11
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 12 of 209 PageID #: 12
`
`(Source :
`
`http://www.ashtelecom.co.uk/imgpdf/92_378_Voice_Quality_Performance_Management.pdf)
`
`
`
`
`
`12
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 13 of 209 PageID #: 13
`
`(Source :
`
`https://oneview.mitel.com/servlet/fileField?entityId=ka40h000000GtldAAC&field=Attachment_
`
`1__Body__s)
`
`
`
`
`
`
`
`13
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 14 of 209 PageID #: 14
`
`(Source :
`
`https://oneview.mitel.com/servlet/fileField?entityId=ka40h000000GtldAAC&field=Attachment_
`
`1__Body__s)
`
`
`
`(Source :
`
`https://oneview.mitel.com/servlet/fileField?entityId=ka40h000000GtldAAC&field=Attachment_
`
`1__Body__s)
`
`25.
`
`By doing so, Mitel has directly infringed (literally and/or under the doctrine of
`
`equivalents) at least Claims 1 and 23 of the ‘105 Patent. Mitel’s infringement in this regard is
`
`ongoing.
`
`26. Mitel 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 audio
`
`
`
`14
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 15 of 209 PageID #: 15
`
`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 Mitel 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)
`
`
`
`15
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 16 of 209 PageID #: 16
`
`
`
`
`
`(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)
`
`
`
`16
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 17 of 209 PageID #: 17
`
`
`
`
`
`(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)
`
`
`
`17
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 18 of 209 PageID #: 18
`
`(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)
`
`
`
`
`
`
`
`18
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 19 of 209 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/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
`
`E&type=items)
`
`27.
`
`The methods practiced by Mitel’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 Mitel 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. The E-Model estimates the MOS-CQE/audio quality of the speech signals.
`
`
`
`19
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 20 of 209 PageID #: 20
`
`(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)
`
`
`
`20
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 21 of 209 PageID #: 21
`
`28.
`
`The methods practiced by Mitel’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 Mitel 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.
`
`
`
`21
`
`
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 22 of 209 PageID #: 22
`
`(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)
`
`
`
`
`(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-00942-SDJ Document 1 Filed 12/26/19 Page 23 of 209 PageID #: 23
`
`
`
`(Source: https://www.itu.int/ITU-T/studygroups/com12/emodelv1/tut.htm)
`29. Mitel has infringed the ‘105 Patent by making, having made, using, 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) 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.
`
`
`
`23
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 24 of 209 PageID #: 24
`
`(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)
`
`
`
`
`
`
`
`24
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 25 of 209 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)
`
`
`
`
`
`
`
`25
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 26 of 209 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/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
`
`
`
`26
`
`
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 27 of 209 PageID #: 27
`
`(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)
`
`30.
`
`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
`
`
`
`27
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 28 of 209 PageID #: 28
`
`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.
`
`
`
`28
`
`
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 29 of 209 PageID #: 29
`
`(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)
`
`
`
`
`
`29
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 30 of 209 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/ITU-T/studygroups/com12/emodelv1/tut.htm)
`
`31. Mitel has had knowledge of the ‘105 Patent at least as of the date when it was
`
`notified of the filing of this action.
`
`32.
`
`Far North Patents has been damaged as a result of the infringing conduct by Mitel
`
`alleged above. Thus, Mitel 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.
`
`
`
`30
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 31 of 209 PageID #: 31
`
`33.
`
`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
`
`34.
`
`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.”
`
`35.
`
`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.
`
`36. Mitel made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems including, for example, its Mitel Performance
`
`Analytics, Mitel Enterprise Manager, and Mitel Connect families of products that include
`
`advanced quality monitoring capabilities (collectively, “accused products”).
`
`
`
`31
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 32 of 209 PageID #: 32
`
`(Source : https://www.mitel.com/-
`
`/media/mitel/pdf/brochures/brochure_mpa_3_0.pdf?modified=20191016161501)
`
`
`
`32
`
`
`
`
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 33 of 209 PageID #: 33
`
`(Source: https://martellotech.com/wp-content/uploads/2018/07/MPA_2.1_System_Guide.pdf)
`
`(Source: https://martellotech.com/wp-content/uploads/2018/07/MPA_2.1_System_Guide.pdf)
`
`
`
`
`
`33
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 34 of 209 PageID #: 34
`
`(Source :
`
`https://www.cacommunications.com/productcatalog/mitel/pdf/MitelEnterpriseManager-
`
`Brochure.pdf)
`
`
`
`
`
`34
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 35 of 209 PageID #: 35
`
`(Source :
`
`http://www.ashtelecom.co.uk/imgpdf/92_378_Voice_Quality_Performance_Management.pdf)
`
`
`
`
`
`35
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 36 of 209 PageID #: 36
`
`(Source :
`
`http://www.ashtelecom.co.uk/imgpdf/92_378_Voice_Quality_Performance_Management.pdf)
`
`
`
`
`
`36
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 37 of 209 PageID #: 37
`
`(Source :
`
`https://oneview.mitel.com/servlet/fileField?entityId=ka40h000000GtldAAC&field=Attachment_
`
`1__Body__s)
`
`
`
`
`
`
`
`37
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 38 of 209 PageID #: 38
`
`(Source :
`
`https://oneview.mitel.com/servlet/fileField?entityId=ka40h000000GtldAAC&field=Attachment_
`
`1__Body__s)
`
`
`
`(Source :
`
`https://oneview.mitel.com/servlet/fileField?entityId=ka40h000000GtldAAC&field=Attachment_
`
`1__Body__s)
`
`37.
`
`By doing so, Mitel has directly infringed (literally and/or under the doctrine of
`
`equivalents) at least Claim 9 of the ‘437 Patent. Mitel’s infringement in this regard is ongoing.
`
`38. Mitel 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
`
`model is used to transform data regarding a first performance characteristic in the second
`
`
`
`38
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 39 of 209 PageID #: 39
`
`communication service to reflect effects from a second performance characteristic in the second
`
`communication service. For example, the accused products are used by Mitel 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.
`
`
`
`39
`
`
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 40 of 209 PageID #: 40
`
`(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)
`
`
`
`40
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 41 of 209 PageID #: 41
`
`
`
`
`
`(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)
`
`
`
`41
`
`
`
`
`
`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 42 of 209 PageID #: 42
`
`
`
`(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 Mitel’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 Mitel 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
Accessing this document will incur an additional charge of $.
This document costs money. The Court sets the fee and charges it at the time of purchase.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
