Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 1 of 181 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.
`
`
`NEC CORPORATION,
`
`
`
`CIVIL ACTION NO. 4:19-cv-943
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`Defendant.
`
`
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Far North Patents, LLC (“Far North Patents” or “Plaintiff”) files this original
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`complaint against Defendant NEC Corporation (“NEC” or “Defendant”), alleging, based on its
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`own knowledge as to itself and its own actions and based on information and belief as to all other
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`matters, as follows:
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`PARTIES
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`1.
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`Far North Patents is a limited liability company formed under the laws of the
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`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 NEC Corporation is a corporation organized and existing under the
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`laws of Japan, with a place of business at 7-1, Shiba 5-chrome, Minato-ku, Tokyo 108-8001,
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`Japan.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for infringement of United States patents arising under 35 U.S.C.
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`§§ 271, 281, and 284–85, among others. This Court has subject matter jurisdiction of the action
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`under 28 U.S.C. § 1331 and § 1338(a).
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`
`FAR NORTH PATENTS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`NEC CORPORATION,
`
`
`
`CIVIL ACTION NO. 4:19-cv-943
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`Defendant.
`
`
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Far North Patents, LLC (“Far North Patents” or “Plaintiff”) files this original
`
`complaint against Defendant NEC Corporation (“NEC” or “Defendant”), alleging, based on its
`
`own knowledge as to itself and its own actions and based on information and belief as to all other
`
`matters, as follows:
`
`PARTIES
`
`1.
`
`Far North Patents is a limited liability company formed under the laws of the
`
`State of Texas, with its principal place of business at 18383 Preston Rd Suite 250, Dallas, Texas,
`
`75252.
`
`2.
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`Defendant NEC Corporation is a corporation organized and existing under the
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`laws of Japan, with a place of business at 7-1, Shiba 5-chrome, Minato-ku, Tokyo 108-8001,
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`Japan.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for infringement of United States patents arising under 35 U.S.C.
`
`§§ 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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`
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 2 of 181 PageID #: 2
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`4.
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`This Court has personal jurisdiction over NEC pursuant to due process and/or the
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`Texas Long Arm Statute because, inter alia, (i) NEC has done and continues to do business in
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`Texas; and (ii) NEC has committed and continues to commit acts of patent infringement in the
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`State of Texas, including making, using, offering to sell, and/or selling accused products in
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`Texas, and/or importing accused products into Texas, including by Internet sales and sales via
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`retail and wholesale stores, inducing others to commit acts of patent infringement in Texas,
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`and/or committing a least a portion of any other infringements alleged herein. In addition, or in
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`the alternative, this Court has personal jurisdiction over NEC pursuant to Fed. R. Civ. P. 4(k)(2).
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`5.
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`Venue is proper as to Defendant NEC Corporation, which is organized under the
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`laws of Japan. 28 U.S.C. § 1391(c)(3) provides that “a defendant not resident in the United States
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`may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in
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`determining where the action may be brought with respect to other defendants.”
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`BACKGROUND
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`6.
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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
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`(“WorldCom”), Path1 Network Technologies Inc. (“Path1 Network Technologies”), Robelight
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`LLC (“Robelight”), and BellSouth Corporation (“BellSouth”).
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`7.
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`WorldCom was a leading telecommunications service provider in the late 1990s
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`and early 2000s. Verizon acquired WorldCom in 2005. The patents developed at WorldCom
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`(“the Hardy patents”) are related to Quality of Service (“QoS”) evaluation in telecommunications
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`systems.
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`2
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`8.
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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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`9.
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`Dr. Hardy has received considerable praise for his work in QoS. Luis Sousa
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`Cardoso, Quality of Service Development Group Chairman, left little doubt regarding the esteem
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`with which he holds Dr. Hardy: “William C. ‘Chris’ Hardy is unquestionably among the leading
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`lights in the field of QoS[.]” Dr. Hardy’s book was reviewed in IEEE Communications
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`Magazine, Vol. 40, No. 2, Feb. 2002, which stated that the book “provides a straightforward and
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`very accessible approach to measurement and evaluation of QoS in telecommunications
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`networks…strongly recommended for all people, either experiences professionals or graduates,
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`involved in the area of networking[.]” He is even an honorary member of the Russian Academy
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`of Science.
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`10.
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`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
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`networking and telecommunications industries industry, including Adtran, Alcatel-Lucent, Arris,
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`AT&T, Avaya, Cisco, Deutsche Telekom (T-Mobile), Dolby Laboratories Licensing
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`Corporation, Empirix, Ericsson, Genband, General Electric, IBM, Juniper, Microsoft, Motorola,
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`NEC, Oracle, Panasonic, Ringcentral, Sharp, Siemens, Sprint, USAA, and Verizon.
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`11.
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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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`3
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 4 of 181 PageID #: 4
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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
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`Diego, were pioneers in network technology. Dr. Fellman was an IEEE Senior Member, and his
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`work was published in several IEEE Transactions journals, including IEEE Transactions on
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`Networking, IEEE Transactions on Parallel and Distributed Systems, IEEE Transactions on
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`Systems, Man, and Cybernetics, IEEE Transactions on Signal Processing, IEEE Transactions on
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`Very Large Scale Integration (VLSI) Systems, IEEE Transactions on Acoustics, Speech and
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`Signal Processing. He was also a co-founder of Path1 Network Technologies and of Qvidium
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`Technologies. Dr. Cruz, a distinguished scholar in the field of communication networks, was
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`said to have established the field of Network Calculus. In Dr. Cruz’s election to be a Fellow of
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`the IEEE in 2003, he was “cited for his expertise in the area of Quality-of-Service guarantees in
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`packet-switched networks.”
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`http://jacobsschool.ucsd.edu/news/news_releases/release.sfe?id=1385.
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`12.
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`The Fellman patents (or the applications leading to them) have been cited during
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`patent prosecution hundreds of times, by numerous leading companies in the computer
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`networking and telecommunications industries, including ABB Research, AMD, Amazon,
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`AT&T, Atheros Communications, Avaya, Bose, Broadcom, Canon, Centurylink, Chi Mei
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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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`4
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 5 of 181 PageID #: 5
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`13.
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`The patents developed at Robelight (“the Light patents”) relate to obtaining
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`presence information over a network. Inventors Elliot D. Light and Jon L. Roberts are named
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`inventors on over 30 patents combined. The Light patents (or the applications leading to them)
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`have been cited during patent prosecution over a hundred times, by numerous leading companies
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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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`14.
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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.
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`15.
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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
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`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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`5
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 6 of 181 PageID #: 6
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`COUNT I
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`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,689,105
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`16.
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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
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`entitled “Real-Time Monitoring of Perceived Quality of Packet Voice Transmission.”
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`17.
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`Far North Patents is the owner of the ‘105 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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`‘105 Patent against infringers, and to collect damages for all relevant times.
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`18.
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`NEC 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 NEC Integrated
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`network management system MS5000 family of products that include advanced quality
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`monitoring capabilities (collectively, “accused products”).
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`(Source : https://www.nec.com/en/global/solutions/nsp/oam/index.html)
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`6
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 7 of 181 PageID #: 7
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`(Source : https://www.nec.com/en/global/solutions/nsp/nms/index.html)
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`7
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 8 of 181 PageID #: 8
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`(Source : https://www.nec.com/en/global/techrep/journal/g06/n02/pdf/t060211.pdf)
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`(Source : https://www.nec.com/en/global/techrep/journal/g06/n02/pdf/t060211.pdf)
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`19.
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`By doing so, NEC has directly infringed (literally and/or under the doctrine of
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`equivalents) at least Claims 1 and 23 of the ‘105 Patent. NEC’s infringement in this regard is
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`ongoing.
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`20.
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`NEC 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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`messages, the reference matrix modeling values of a plurality of characteristics associated with a
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`particular quality level. For example, the accused products are used by NEC to implement the
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`ITU-T G.107 Recommendation. The quality of audio in VoIP networks (packet switched
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`networks) are calculated using MOS (Mean Opinion score) values according to ITU-T G.107
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`Recommendation E-model. The E-model computes a transmission rating value R, which is a
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`combinational effect of all the transmission parameters in an audio conversation. The E-model
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`uses a reference table (“reference matrix”) based on the estimates of perceived audio
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`conversational/audio quality. The reference table includes modelling values like MOS-CQE
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`(Mean Opinion Score – Estimated Conversational Quality), each associated with a quality level.
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`8
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 9 of 181 PageID #: 9
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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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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 10 of 181 PageID #: 10
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 11 of 181 PageID #: 11
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 12 of 181 PageID #: 12
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-P.800.1-201607-I!!PDF-
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`21.
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`The methods practiced by NEC’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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`12
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 13 of 181 PageID #: 13
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`messages to obtain measurements associated with the plurality of characteristics. For example,
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`the accused products are used by NEC to implement the ITU-T G.107 Recommendation. The E-
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`model is applied to a real-time voice call (“second packetized audio messages”) for measuring its
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`voice quality by calculating the R value. The R value can be converted into a MOS value. The R
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`value represents the combinational effect of all transmission parameters in an audio
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`conversation. The E-Model estimates the MOS-CQE/audio quality of the speech signals.
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`(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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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 14 of 181 PageID #: 14
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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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`22.
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`The methods practiced by NEC’s use of the accused products include creating, by
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`the network device, a test matrix using the obtained measurements and comparing, by the
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`network device, the test matrix and the reference matrix to predict a quality level associated with
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`the one or more second packetized audio messages. For example, the accused products are used
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`by NEC to implement the ITU-T G.107 Recommendation. ITU-T G.107 E-Model estimates
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`MOS-CQE/audio quality of the speech signals. The test speech signal parameters are input to the
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`G.107 E-Model for calculating the R and MOS values. The calculated R/MOS value (“test
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`matrix”) is then compared with the reference table (“reference matrix”) for determining the
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`perceived audio quality. For example, a comparison is performed between estimated MOS value
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`and existing reference values to determine the perceived audio quality of the test speech. For
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`instance, a MOS value of 4.5 and a R value of 95 is compared with each row of the reference
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 15 of 181 PageID #: 15
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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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`(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-00943-SDJ Document 1 Filed 12/26/19 Page 16 of 181 PageID #: 16
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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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`(Source: https://www.itu.int/ITU-T/studygroups/com12/emodelv1/tut.htm)
`NEC has infringed the ‘105 Patent by making, having made, using, importing,
`23.
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`providing, supplying, distributing, selling or offering for sale products including the claimed
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`non-transitory computer-readable medium having instructions stored thereon configured to cause
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`a computing device to perform operations, and those operations including obtaining a reference
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`matrix based on estimates of perceived audio quality of at least portions of one or more first
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`packetized audio messages, the reference matrix modeling values of a plurality of characteristics
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`associated with a particular quality level. For example, the accused products are configured to
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 17 of 181 PageID #: 17
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`be used to implement the ITU-T G.107 Recommendation. The quality of audio in VoIP
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`networks (packet switched networks) is calculated using MOS (Mean Opinion score) values
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`according to ITU-T G.107 Recommendation E-model. The E-model computes a transmission
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`rating value R, which is a combinational effect of all the transmission parameters in an audio
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`conversation. The E-model uses a reference table (“reference matrix”) based on the estimates of
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`perceived audio conversational/audio quality. The reference table includes modelling values like
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`MOS-CQE (Mean Opinion Score – Estimated Conversational Quality), each associated with a
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`quality level.
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.1011-201506-S!!PDF-
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`24.
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`The operations performed by the accused products include creating a test matrix
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`using measurements of at least portions of one or more second packetized audio messages
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`associated with the plurality of characteristics and predicting a quality level associated with the
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 21 of 181 PageID #: 21
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`at least portions of one or more second packetized audio messages by comparing the test matrix
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`to the reference matrix. For example, the accused products are configured to be used to
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`implement the ITU-T G.107 Recommendation. The E-model is applied to a real-time voice call
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`(“second packetized audio messages”) for measuring its voice quality by calculating the R value.
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`The R value can be converted into a MOS value. The R value represents the combinational effect
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`of all transmission parameters in an audio conversation. ITU-T G.107 E-Model estimates MOS-
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`CQE/audio quality of the speech signals. The test speech signal parameters are input to the
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`G.107 E model for calculating the R and MOS values. The calculated R/MOS value (“test
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`matrix”) is then compared with the reference table (“reference matrix”) for determining the
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`perceived audio quality. For example, a comparison is performed between estimated MOS value
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`and existing reference values to determine the perceived audio quality of the test speech. For
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`instance, a MOS value of 4.5 and a R value of 95 would be compared with each row of the
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`reference table and a perceived voice quality is determined accordingly, which is Best/Very
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`satisfied in this case.
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`21
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 22 of 181 PageID #: 22
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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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`(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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`22
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 23 of 181 PageID #: 23
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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/ITU-T/studygroups/com12/emodelv1/tut.htm)
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`25.
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`NEC has had knowledge of the ‘105 Patent at least as of the date when it was
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`notified of the filing of this action.
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`26.
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`Far North Patents has been damaged as a result of the infringing conduct by NEC
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`alleged above. Thus, NEC is liable to Far North Patents in an amount that adequately
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`compensates it for such infringements, which, by law, cannot be less than a reasonable royalty,
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`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`23
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 24 of 181 PageID #: 24
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`27.
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`Far North Patents and/or its predecessors-in-interest have satisfied all statutory
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`obligations required to collect pre-filing damages for the full period allowed by law for
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`infringement of the ‘105 Patent.
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`COUNT II
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`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,068,437
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`28.
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`On November 29, 2011, United States Patent No. 8,068,437 (“the ‘437 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 “Determining the Effects of New Types of Impairments on Perceived Quality of a Voice
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`Service.”
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`29.
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`Far North Patents is the owner of the ‘437 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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`‘437 Patent against infringers, and to collect damages for all relevant times.
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`30.
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`NEC 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 NEC Integrated
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`network management system MS5000 family of products that include advanced quality
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`monitoring capabilities (collectively, “accused products”).
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`(Source : https://www.nec.com/en/global/solutions/nsp/oam/index.html)
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`
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`24
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 25 of 181 PageID #: 25
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`(Source : https://www.nec.com/en/global/solutions/nsp/nms/index.html)
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`25
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 26 of 181 PageID #: 26
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`(Source : https://www.nec.com/en/global/techrep/journal/g06/n02/pdf/t060211.pdf)
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`
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`(Source : https://www.nec.com/en/global/techrep/journal/g06/n02/pdf/t060211.pdf)
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`31.
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`By doing so, NEC has directly infringed (literally and/or under the doctrine of
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`equivalents) at least Claim 9 of the ‘437 Patent. NEC’s infringement in this regard is ongoing.
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`32.
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`NEC has infringed the ‘437 Patent by using the accused products and thereby
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`practicing a method performed by a computer system that includes generating, by a processor of
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`the computer system, an assumed model for a second communication service, where the assumed
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`model is used to transform data regarding a first performance characteristic in the second
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`communication service to reflect effects from a second performance characteristic in the second
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`communication service. For example, the accused products are used by NEC to implement the
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`ITU-T G.107 Recommendation. The ITU-T G.107 Recommendation includes an E-model for
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`calculating voice quality as perceived by a typical telephone user. The E-model outputs a
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`transmission rating factor i.e., R, which can be transformed into Mean Opinion Score i.e., MOS
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`value that represents the voice quality. The R value combines the effects of all relevant
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`transmission parameters, and comprises of an effective Equipment impairment factor, Ie-eff. The
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`E-model is applied to a real-time voice call (“second communication service”) for measuring its
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`voice quality. The effective Equipment impairment factor is calculated using a mathematical
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`algorithm (“assumed model”). The mathematical algorithm includes an addition of two values.
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`26
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 27 of 181 PageID #: 27
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`The first value is an equipment impairment factor (“first performance characteristic”) at zero
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`packet loss, or Ie. The Ie values are based on subjective MOS test results and are predefined for
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`different codecs in ITU-T G.113 recommendation. The second value is a computation of
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`different packet-loss-based parameters (“second performance characteristic”) namely, a packet
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`loss robustness factor (Bpl), packet loss probability (Ppl) and a burst ratio. Thus, the computed
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`Ie-eff value reflects the effects of packet loss in the voice quality.
`
`
`
`
`
`(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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`27
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 28 of 181 PageID #: 28
`
`
`(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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`28
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 29 of 181 PageID #: 29
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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)
`
`(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)
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`33.
`
`The methods practiced by NEC’s use of the accused products include
`
`establishing, by the processor, a communication session via the second communication service
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`
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`29
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 30 of 181 PageID #: 30
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`and obtaining, by the processor, subjective ratings of the first performance characteristic in the
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`second communication service using the established communication session. For example, the
`
`accused products are used by NEC to implement the ITU-T G.107 Recommendation. The E-
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`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
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`value. The R value comprises of an effective Equipment impairment factor, Ie-eff which is
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`calculated using various parameters like an equipment impairment factor at zero packet loss Ie
`
`(“first performance characteristic”), and other packet loss based parameters. The Ie values
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`(“subjective ratings”) are derived from the results of subjective listening-only tests and are used
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`as an input to the E-Model. They can be obtained from predefined values based on the
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`implemented codec.
`
`(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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`30
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 31 of 181 PageID #: 31
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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)
`
`(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)
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`34.
`
`The methods practiced by NEC’s use of the accused products include generating,
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`by the processor, altered subjective ratings using the assumed model to reflect effects of the
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`
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`31
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 32 of 181 PageID #: 32
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`second performance characteristic on the subjective ratings. For example, the accused products
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`are used by NEC to implement the ITU-T G.107 Recommendation. The effective equipment
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`impairment factor Ie-eff is calculated using a mathematical algorithm (“assumed model”). The
`
`mathematical algorithm includes an addition of two values. The first value is an equipment
`
`impairment factor (“first performance characteristic”) at zero packet loss i.e., Ie. The Ie values are
`
`based on subjective MOS test results and are predefined for different codecs in ITU-T G.113
`
`recommendation. The second value is a computation of different packet loss (“second
`
`performance characteristic”) based parameters namely, a packet loss robustness factor (Bpl),
`
`packet loss probability (Ppl) and a burst ratio. Thus, the computed Ie-eff value reflects the effects
`
`of packet loss on the equipment impairment factor at zero packet loss.
`
`(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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`32
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 33 of 181 PageID #: 33
`
`(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-G.113-200711-I!!PDF-
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`E&type=items)
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`35.
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`The methods practiced by NEC’s use of the accused products include generating,
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`by the processor, quality index values from the altered subjective ratings. For example, the
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`
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`33
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`
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 34 of 181 PageID #: 34
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`accused products are used by NEC to implement the ITU-T G.107 Recommendation. The
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`MOSCQE values are calculated using the R values. The R value is calculated using various
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`parameters which includes the effective equipment impairment factor Ie-eff (“altered subjective
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`rating”).
`
`(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-
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`E&type=items)
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`36.
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`The methods practiced by NEC’s use of the accused products include comparing,
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`by the processor, the generated quality index values to quality index values of a first
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`
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`34
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`
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 35 of 181 PageID #: 35
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`communication service and determining, by the processor, whether the quality of the second
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`communication service is comparable to a quality of the first communication service based on
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`the comparison. For example, the accused products are used by NEC to implement the ITU-T
`
`G.107 Recommendation. The E-model is based on modeling the results from multiple subjective
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`tests performed on a wide range of transmission parameters. It also includes a reference table
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`with different R value and MOS value thresholds, and corresponding perceived voice quality.
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`The MOS values (quality index) in the reference table are obtained using an aggregate of
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`multiple test calls’ (“first communication service”) data. The computed MOS value is then
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`compared with the reference table. Based on the comparison, it is determined whether the
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`computed MOS value is comparable to the reference MOS value—e.g., whether the second
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`communication service is expected to fall into the same user satisfaction category as the first
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`communication service.
`
`(Source: https://www.itu.int/ITU-T/studygroups/com12/emodelv1/tut.htm)
`
`(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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`35
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`Case 4:19-cv-00943-SDJ Document 1 Filed 12/26/19 Page 36 of 181 PageID #: 36
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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/ITU-T/studygroups/com12/emodelv1/tut.htm)
`
`37.
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`38.
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`Far North Patents only asserts method claims from the ‘437 Patent.
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`NEC has had knowledge of the ‘437 Patent at least as of the date when it was
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`notified of the filing of this action
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