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Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 1 of 209 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.
`
`
`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
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`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,
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`75252.
`
`2.
`
`Defendant Mitel Networks Corporation is a corporation organized and existing
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`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
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`laws of Delaware. Mitel maintains a regional office in the Eastern District of Texas located at
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`either or both of 5360 Legacy Drive, Suite 300, Plano, TX 75024-3130 or 5850 Granite Pkwy,
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`

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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 2 of 209 PageID #: 2
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`Suite 600, Plano, TX 75024. Mitel Networks, Inc. may be served through its registered agent,
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`CT Corporation System, at 1999 Bryan Street, Suite 900, Dallas, TX 75201.
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`4.
`
`The Defendants identified in paragraphs 2-3 above (collectively, “Mitel”) are
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`companies which together comprise one of the world’s largest entities specializing in
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`communications technologies.
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`5.
`
`The Mitel 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 Mitel 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.
`
`Thus, the Mitel defendants named above operate as a unitary business venture and
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`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
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`under 28 U.S.C. § 1331 and § 1338(a).
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`9.
`
`This Court has personal jurisdiction over Mitel pursuant to due process and/or the
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`Texas Long Arm Statute because, inter alia, (i) Mitel has done and continues to do business in
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`Texas; (ii) Mitel 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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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 3 of 209 PageID #: 3
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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) Mitel Networks,
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`Inc. is registered to do business in Texas. In addition, or in the alternative, this Court has
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`personal jurisdiction over Mitel Networks Corporation pursuant to Fed. R. Civ. P. 4(k)(2).
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`10.
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`Venue is proper as to Defendant Mitel Networks Corporation, which is organized
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`under the laws of Canada. 28 U.S.C. § 1391(c)(3) provides that “a defendant not resident in the
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`United States may be sued in any judicial district, and the joinder of such a defendant shall be
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`disregarded in determining where the action may be brought with respect to other defendants.”
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`11.
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`Venue is proper in this district as to Mitel Networks, Inc. pursuant to 28 U.S.C. §
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`1400(b). Venue is further proper because Mitel has committed and continues to commit acts of
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`patent infringement in this district, including making, using, offering to sell, and/or selling
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`accused products in this district, and/or importing accused products into this district, including
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`by Internet sales and sales via retail and wholesale stores, inducing others to commit acts of
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`patent infringement in this district, and/or committing at least a portion of any other
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`infringements alleged herein in this district. Mitel also has regular and established places of
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`business in this district, including at either or both of 5360 Legacy Drive, Suite 300, Plano, TX
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`75024-3130 or 5850 Granite Pkwy, Suite 600, Plano, TX 75024 (as shown in the below
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`screenshots from Mitel’s website, https://www.mitel.com/contact/locations/texas-plano and from
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`a search of the Collin CAD site).
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`3
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 4 of 209 PageID #: 4
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`
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`BACKGROUND
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`12.
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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 MCI WorldCom
`
`(“WorldCom”), Path1 Network Technologies Inc. (“Path1 Network Technologies”), Robelight
`
`LLC (“Robelight”), and BellSouth Corporation (“BellSouth”).
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`13. 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
`
`(“the Hardy patents”) are related to Quality of Service (“QoS”) evaluation in telecommunications
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`systems.
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`4
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 5 of 209 PageID #: 5
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`14.
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`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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`15.
`
`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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`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
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`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,
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`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
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`5
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`

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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 6 of 209 PageID #: 6
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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
`
`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
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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.”
`
`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,
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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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`6
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 7 of 209 PageID #: 7
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`19.
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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
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`in the computer networking and telecommunications industries, including Alcatel-Lucent, Apple,
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`AT&T, Avaya, Google, LG Electronics, Nortel Networks, Qualcomm, Rockstar Consortium,
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`SAP, Shoretel, Vonage, and ZTE.
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`20.
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`BellSouth, founded in 1983 as one of the seven original Regional Bell Operating
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`Companies after the breakup of AT&T, was a giant in the telecommunications industry.
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`BellSouth was active in both broadband and wireless, operating in the southern United States as
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`well as in Argentina, Australia, Chile, Colombia, Ecuador, Guatemala, New Zealand, Nicaragua,
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`Panama, Peru, Uruguay, and Venezuela. BellSouth was acquired by AT&T in 2006 for
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`approximately $86 billion.
`
`21.
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`The patents developed at BellSouth (“the Easley patents”) relate to providing a
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`calling name service for mobile phones. Larry Scott Easley, the inventor of the Easley patents,
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`was a prolific inventor for BellSouth—he was a named inventor on ten United States Patents.
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`The Easley patents (or the applications leading to them) have been cited during patent
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`prosecution over a hundred times, by numerous leading companies in the computer networking
`
`and telecommunications industries, including Alcatel-Lucent, AT&T, Ericsson, Genesys, Lucent,
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`Nortel Networks, Siemens, Sprint, and Sybase 365.
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`7
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`

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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 8 of 209 PageID #: 8
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`COUNT I
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`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,689,105
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`22.
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`On April 1, 2014, United States Patent No. 8,689,105 (“the ‘105 Patent”) was
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`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.”
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`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
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`‘105 Patent against infringers, and to collect damages for all relevant times.
`
`24. Mitel 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 Mitel Performance
`
`Analytics, Mitel Enterprise Manager, and Mitel Connect families of products that include
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`advanced quality monitoring capabilities (collectively, “accused products”).
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`8
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 9 of 209 PageID #: 9
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`(Source : https://www.mitel.com/-
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`/media/mitel/pdf/brochures/brochure_mpa_3_0.pdf?modified=20191016161501)
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`(Source: https://martellotech.com/wp-content/uploads/2018/07/MPA_2.1_System_Guide.pdf)
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`9
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 10 of 209 PageID #: 10
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`(Source: https://martellotech.com/wp-content/uploads/2018/07/MPA_2.1_System_Guide.pdf)
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`(Source :
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`https://www.cacommunications.com/productcatalog/mitel/pdf/MitelEnterpriseManager-
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`Brochure.pdf)
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`10
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 11 of 209 PageID #: 11
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`(Source :
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`http://www.ashtelecom.co.uk/imgpdf/92_378_Voice_Quality_Performance_Management.pdf)
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`11
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 12 of 209 PageID #: 12
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`(Source :
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`http://www.ashtelecom.co.uk/imgpdf/92_378_Voice_Quality_Performance_Management.pdf)
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`12
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 13 of 209 PageID #: 13
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`(Source :
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`https://oneview.mitel.com/servlet/fileField?entityId=ka40h000000GtldAAC&field=Attachment_
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`1__Body__s)
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`13
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 14 of 209 PageID #: 14
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`(Source :
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`https://oneview.mitel.com/servlet/fileField?entityId=ka40h000000GtldAAC&field=Attachment_
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`1__Body__s)
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`(Source :
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`https://oneview.mitel.com/servlet/fileField?entityId=ka40h000000GtldAAC&field=Attachment_
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`1__Body__s)
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`25.
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`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
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`ongoing.
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`26. Mitel 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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`estimates of perceived audio quality of at least portions of one or more first packetized audio
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`14
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 15 of 209 PageID #: 15
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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 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)
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`15
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 16 of 209 PageID #: 16
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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=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
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`16
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 17 of 209 PageID #: 17
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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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`17
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 18 of 209 PageID #: 18
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
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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-00942-SDJ Document 1 Filed 12/26/19 Page 19 of 209 PageID #: 19
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
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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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`E&type=items)
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`27.
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`The methods practiced by Mitel’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,
`
`the accused products are used by Mitel 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
`
`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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`19
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 20 of 209 PageID #: 20
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
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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-00942-SDJ Document 1 Filed 12/26/19 Page 21 of 209 PageID #: 21
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`28.
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`The methods practiced by Mitel’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
`
`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
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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
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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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`21
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 22 of 209 PageID #: 22
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
`E&type=items)
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
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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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`22
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 23 of 209 PageID #: 23
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`
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`(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.
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`23
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 24 of 209 PageID #: 24
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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=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-
`E&type=items)
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
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`25
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 26 of 209 PageID #: 26
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
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`
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
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`26
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 27 of 209 PageID #: 27
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`(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)
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`
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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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`E&type=items)
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`30.
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`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
`
`
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`27
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`

`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 28 of 209 PageID #: 28
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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
`
`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.
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`
`
`28
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`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)
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`
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`29
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 30 of 209 PageID #: 30
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
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`
`
`
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`(Source: https://www.itu.int/ITU-T/studygroups/com12/emodelv1/tut.htm)
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`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.
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`
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`30
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`

`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 31 of 209 PageID #: 31
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`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
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`(Source : https://www.mitel.com/-
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`/media/mitel/pdf/brochures/brochure_mpa_3_0.pdf?modified=20191016161501)
`
`
`
`32
`
`
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`

`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
`
`
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`

`

`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
`
`
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`

`

`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
`
`
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`

`

`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)
`
`
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`
`
`36
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`

`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)
`
`
`
`
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`
`
`37
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`
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`

`

`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
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`
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`

`

`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 39 of 209 PageID #: 39
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`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)
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`
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`40
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 41 of 209 PageID #: 41
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`
`
`
`
`(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)
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`
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`41
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`Case 4:19-cv-00942-SDJ Document 1 Filed 12/26/19 Page 42 of 209 PageID #: 42
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`
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.113-200711-I!!PDF-
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`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

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