`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`
`FAR NORTH PATENTS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`RIBBON COMMUNICATIONS INC. and
`SONUS NETWORKS, INC. d/b/a RIBBON
`COMMUNICATIONS OPERATING
`COMPANY,
`
`
`
`CIVIL ACTION NO. 4:19-cv-945
`
`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 Ribbon Communications Inc. and Sonus Networks, Inc. d/b/a
`
`Ribbon Communications Operating Company, (collectively, “Ribbon” or “Defendants”),
`
`alleging, based on its own knowledge as to itself and its own actions and based on information
`
`and belief as to all other matters, as follows:
`
`PARTIES
`
`1.
`
`Far North Patents is a limited liability company formed under the laws of the
`
`State of Texas, with its principal place of business at 18383 Preston Rd Suite 250, Dallas, Texas,
`
`75252.
`
`2.
`
`Defendant Ribbon Communications Inc. is a corporation organized and existing
`
`under the laws of Delaware. Ribbon Communications Inc. may be served through its registered
`
`agent, Corporation Service Company, at 251 Little Falls Drive, Wilmington, Delaware 19808.
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`
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 2 of 178 PageID #: 2
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`3.
`
`Defendant Sonus Networks, Inc. d/b/a Ribbon Communications Operating
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`Company is a corporation organized and existing under the laws of Delaware. Sonus Networks,
`
`Inc. d/b/a Ribbon Communications Operating Company may be served through its registered
`
`agent, Corporation Service Company, at 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`4.
`
`The Defendants identified in paragraphs 2-3 above (collectively, “Ribbon”) are
`
`companies which together comprise one of the world’s largest providers of real-time
`
`communications and networking services, software, and hardware.
`
`5.
`
`The Ribbon defendants named above are part of the same corporate structure and
`
`distribution chain for the making, importing, offering to sell, selling, and/or using of the accused
`
`devices in the United States, including in the State of Texas generally and this judicial district in
`
`particular.
`
`6.
`
`The Ribbon defendants named above share the same management, common
`
`ownership, advertising platforms, facilities, distribution chains and platforms, and accused
`
`product lines and products involving related technologies.
`
`7.
`
`Thus, the Ribbon defendants named above operate as a unitary business venture
`
`and are jointly and severally liable for the acts of patent infringement alleged herein.
`
`JURISDICTION AND VENUE
`
`8.
`
`This is an action for infringement of United States patents arising under 35 U.S.C.
`
`§§ 271, 281, and 284–85, among others. This Court has subject matter jurisdiction of the action
`
`under 28 U.S.C. § 1331 and § 1338(a).
`
`9.
`
`This Court has personal jurisdiction over Ribbon pursuant to due process and/or
`
`the Texas Long Arm Statute because, inter alia, (i) Ribbon has done and continues to do
`
`business in Texas; and (ii) Ribbon has committed and continues to commit acts of patent
`
`
`
`2
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 3 of 178 PageID #: 3
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`infringement in the State of Texas, including making, using, offering to sell, and/or selling
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`accused products in Texas, and/or importing accused products into Texas, including by Internet
`
`sales and sales via retail and wholesale stores, inducing others to commit acts of patent
`
`infringement in Texas, and/or committing a least a portion of any other infringements alleged
`
`herein.
`
`10.
`
`Venue is proper in this district as to Ribbon Communications Inc. and Sonus
`
`Networks, Inc. d/b/a Ribbon Communications Operating Company pursuant to 28 U.S.C. §
`
`1400(b). Venue is further proper because Ribbon 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
`
`accused products in this district, and/or importing accused products into this district, including
`
`by Internet sales and sales via retail and wholesale stores, inducing others to commit acts of
`
`patent infringement in this district, and/or committing at least a portion of any other
`
`infringements alleged herein in this district. Ribbon also has a regular and established place of
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`business in this district, including at 3605 E. Plano Pkwy., Plano, TX 75074 (as shown in the
`
`below screenshots from Ribbon’s website, https://ribboncommunications.com/company/about-
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`us/locations and from Google Maps Street View).
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`
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`3
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 4 of 178 PageID #: 4
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`BACKGROUND
`
`
`
`11.
`
`The patents-in-suit generally pertain to communications networks and other
`
`technology used in the provision of wireless services, Voice over Internet Protocol (“VoIP”)
`
`phone systems, high speed networking, and other advanced communication services. The
`
`technology disclosed by the patents was developed by personnel at MCI WorldCom
`
`(“WorldCom”), Path1 Network Technologies Inc. (“Path1 Network Technologies”), Robelight
`
`LLC (“Robelight”), and BellSouth Corporation (“BellSouth”).
`
`12. WorldCom was a leading telecommunications service provider in the late 1990s
`
`and early 2000s. Verizon acquired WorldCom in 2005. The patents developed at WorldCom
`
`(“the Hardy patents”) are related to Quality of Service (“QoS”) evaluation in telecommunications
`
`systems.
`
`13.
`
`The inventor of the Hardy patents, former principal analyst for quality
`
`measurement and analyses at WorldCom Dr. William C. Hardy, was at the forefront of QoS in
`
`telecommunications systems. Dr. Hardy developed, disclosed, and patented a solution for
`
`efficiently and consistently evaluating QoS. In fact, Dr. Hardy literally wrote the book on QoS
`
`
`
`4
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`
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 5 of 178 PageID #: 5
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`in telecommunications systems. See Hardy, William C., QoS Measurement and Evaluation of
`
`Telecommunications Quality of Service (Wiley 2001).
`
`14.
`
`Dr. Hardy has received considerable praise for his work in QoS. Luis Sousa
`
`Cardoso, Quality of Service Development Group Chairman, left little doubt regarding the esteem
`
`with which he holds Dr. Hardy: “William C. ‘Chris’ Hardy is unquestionably among the leading
`
`lights in the field of QoS[.]” Dr. Hardy’s book was reviewed in IEEE Communications
`
`Magazine, Vol. 40, No. 2, Feb. 2002, which stated that the book “provides a straightforward and
`
`very accessible approach to measurement and evaluation of QoS in telecommunications
`
`networks…strongly recommended for all people, either experiences professionals or graduates,
`
`involved in the area of networking[.]” He is even an honorary member of the Russian Academy
`
`of Science.
`
`15.
`
`The Hardy patents (or the applications leading to them) have been cited during
`
`patent prosecution hundreds of times, by numerous leading companies in the computer
`
`networking and telecommunications industries industry, including Adtran, Alcatel-Lucent, Arris,
`
`AT&T, Avaya, Cisco, Deutsche Telekom (T-Mobile), Dolby Laboratories Licensing
`
`Corporation, Empirix, Ericsson, Genband, General Electric, IBM, Juniper, Microsoft, Motorola,
`
`NEC, Oracle, Panasonic, Ringcentral, Sharp, Siemens, Sprint, USAA, and Verizon.
`
`16.
`
`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
`
`providing service guarantees for time sensitive signals in computer networks. The inventors of
`
`these patents include Dr. Ronald D. Fellman and Dr. Rene L. Cruz. Drs. Fellman and Cruz, both
`
`former professors of electrical and computer engineering at the University of California at San
`
`Diego, were pioneers in network technology. Dr. Fellman was an IEEE Senior Member, and his
`
`
`
`5
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`
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 6 of 178 PageID #: 6
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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
`
`Technologies. Dr. Cruz, a distinguished scholar in the field of communication networks, was
`
`said to have established the field of Network Calculus. In Dr. Cruz’s election to be a Fellow of
`
`the IEEE in 2003, he was “cited for his expertise in the area of Quality-of-Service guarantees in
`
`packet-switched networks.”
`
`http://jacobsschool.ucsd.edu/news/news_releases/release.sfe?id=1385.
`
`17.
`
`The Fellman patents (or the applications leading to them) have been cited during
`
`patent prosecution hundreds of times, by numerous leading companies in the computer
`
`networking and telecommunications industries, including ABB Research, AMD, Amazon,
`
`AT&T, Atheros Communications, Avaya, Bose, Broadcom, Canon, Centurylink, Chi Mei
`
`Optoelectronics, Ciena, Cox Communications, Dell, F5 Networks, Fujitsu, Hitachi, Honeywell,
`
`Intel, IBM, Lucent, Lutron, Microsoft, National Instruments, National Semiconductor, NEC,
`
`Nortel Networks, Oceaneering, Phillips, Qualcomm, Robert Bosch, Samsung, Siemens, Sonos,
`
`Sony, Symantec, Texas Instruments, Toshiba, Ubiquiti Networks, Verizon, and Viasat.
`
`18.
`
`The patents developed at Robelight (“the Light patents”) relate to obtaining
`
`presence information over a network. Inventors Elliot D. Light and Jon L. Roberts are named
`
`inventors on over 30 patents combined. The Light patents (or the applications leading to them)
`
`have been cited during patent prosecution over a hundred times, by numerous leading companies
`
`in the computer networking and telecommunications industries, including Alcatel-Lucent, Apple,
`
`
`
`6
`
`
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`
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 7 of 178 PageID #: 7
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`AT&T, Avaya, Google, LG Electronics, Nortel Networks, Qualcomm, Rockstar Consortium,
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`SAP, Shoretel, Vonage, and ZTE.
`
`19.
`
`BellSouth, founded in 1983 as one of the seven original Regional Bell Operating
`
`Companies after the breakup of AT&T, was a giant in the telecommunications industry.
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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,
`
`Panama, Peru, Uruguay, and Venezuela. BellSouth was acquired by AT&T in 2006 for
`
`approximately $86 billion.
`
`20.
`
`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.
`
`The Easley patents (or the applications leading to them) have been cited during patent
`
`prosecution over a hundred times, by numerous leading companies in the computer networking
`
`and telecommunications industries, including Alcatel-Lucent, AT&T, Ericsson, Genesys, Lucent,
`
`Nortel Networks, Siemens, Sprint, and Sybase 365.
`
`COUNT I
`
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,689,105
`
`21.
`
`On April 1, 2014, United States Patent No. 8,689,105 (“the ‘105 Patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention
`
`entitled “Real-Time Monitoring of Perceived Quality of Packet Voice Transmission.”
`
`22.
`
`Far North Patents is the owner of the ‘105 Patent, with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action and enforce the
`
`‘105 Patent against infringers, and to collect damages for all relevant times.
`
`
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`7
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 8 of 178 PageID #: 8
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`23.
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`Ribbon 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 Sonus VX400
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`platform and Sonus/Ribbon SBC 1000/2000 session border controller families of products that
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`include advanced quality monitoring capabilities (collectively, “accused products”).
`
`(Source : https://support.sonus.net/display/VXDOC/Introducing+VX400)
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`8
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 9 of 178 PageID #: 9
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`
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`
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`(Source : https://support.sonus.net/display/VXDOC/Features+Added+in+VX+Release+4.3)
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`(Source :
`
`http://www.exertisgoconnect.nl/products/images/files/brochure_Sonus_SBC_Portfolio.pdf)
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`
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`9
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 10 of 178 PageID #: 10
`
`(Source :
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`http://www.exertisgoconnect.nl/products/images/files/brochure_Sonus_SBC_Portfolio.pdf)
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`
`
`
`
`(Source :
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`https://support.sonus.net/display/UXDOC50/Configuring+Quality+of+Experience+%28QoE%2
`
`9+Settings)
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`10
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 11 of 178 PageID #: 11
`
`(Source :
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`https://www.voipsupply.com/downloads/dl/file/id/37491/sbc_1000_gateway_datasheet.pdf)
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`
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`(Source : https://www.voipsupply.com/downloads/dl/file/id/37471/sbc_2000_datasheet.pdf)
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`
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`11
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 12 of 178 PageID #: 12
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`(Source : https://tools.ietf.org/html/rfc3611)
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`
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`
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`(Source : https://tools.ietf.org/html/rfc3611)
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`24.
`
`By doing so, Ribbon has directly infringed (literally and/or under the doctrine of
`
`equivalents) at least Claims 1 and 23 of the ‘105 Patent. Ribbon’s infringement in this regard is
`
`ongoing.
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`25.
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`Ribbon 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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`
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`12
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 13 of 178 PageID #: 13
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`estimates of perceived audio quality of at least portions of one or more first packetized audio
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`messages, the reference matrix modeling values of a plurality of characteristics associated with a
`
`particular quality level. For example, the accused products are used by Ribbon to implement the
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`ITU-T G.107 Recommendation. The quality of audio in VoIP networks (packet switched
`
`networks) are calculated using MOS (Mean Opinion score) values according to ITU-T G.107
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`Recommendation E-model. The E-model computes a transmission rating value R, which is a
`
`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
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`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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`13
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 14 of 178 PageID #: 14
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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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`14
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 15 of 178 PageID #: 15
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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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`15
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 16 of 178 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-
`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-00945-SDJ Document 1 Filed 12/26/19 Page 17 of 178 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-
`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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`26.
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`The methods practiced by Ribbon’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
`
`network device, at least portions of one or more of the one or more second packetized audio
`
`messages to obtain measurements associated with the plurality of characteristics. For example,
`
`the accused products are used by Ribbon to implement the ITU-T G.107 Recommendation. The
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`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
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`R 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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`17
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 18 of 178 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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`
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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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`18
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 19 of 178 PageID #: 19
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`27.
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`The methods practiced by Ribbon’s use of the accused products include creating,
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`by 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 Ribbon 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
`
`this case.
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`19
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 20 of 178 PageID #: 20
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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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`
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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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`20
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 21 of 178 PageID #: 21
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`
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`(Source: https://www.itu.int/ITU-T/studygroups/com12/emodelv1/tut.htm)
`Ribbon has infringed the ‘105 Patent by making, having made, using, importing,
`28.
`
`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
`
`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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`
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`21
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 22 of 178 PageID #: 22
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.1011-201506-S!!PDF-
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`(Source: https://www.itu.int/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 23 of 178 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/rec/dologin_pub.asp?lang=s&id=T-REC-G.107-201402-S!!PDF-
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 24 of 178 PageID #: 24
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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-00945-SDJ Document 1 Filed 12/26/19 Page 25 of 178 PageID #: 25
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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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`29.
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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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`25
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 26 of 178 PageID #: 26
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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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`
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`26
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 27 of 178 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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`
`
`(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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`27
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 28 of 178 PageID #: 28
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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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`
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`(Source: https://www.itu.int/ITU-T/studygroups/com12/emodelv1/tut.htm)
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`30.
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`Ribbon 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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`31.
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`Far North Patents has been damaged as a result of the infringing conduct by
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`Ribbon alleged above. Thus, Ribbon 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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`28
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 29 of 178 PageID #: 29
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`32.
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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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`33.
`
`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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`34.
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`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
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`‘437 Patent against infringers, and to collect damages for all relevant times.
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`35.
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`Ribbon 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 Sonus VX400
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`platform and Sonus/Ribbon SBC 1000/2000 session border controller families of products that
`
`include advanced quality monitoring capabilities (collectively, “accused products”).
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`
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`29
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 30 of 178 PageID #: 30
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`(Source : https://support.sonus.net/display/VXDOC/Introducing+VX400)
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`30
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 31 of 178 PageID #: 31
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`
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`
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`(Source : https://support.sonus.net/display/VXDOC/Features+Added+in+VX+Release+4.3)
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`(Source :
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`http://www.exertisgoconnect.nl/products/images/files/brochure_Sonus_SBC_Portfolio.pdf)
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`
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`31
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 32 of 178 PageID #: 32
`
`(Source :
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`http://www.exertisgoconnect.nl/products/images/files/brochure_Sonus_SBC_Portfolio.pdf)
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`
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`(Source :
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`https://support.sonus.net/display/UXDOC50/Configuring+Quality+of+Experience+%28QoE%2
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`9+Settings)
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`32
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 33 of 178 PageID #: 33
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`(Source :
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`https://www.voipsupply.com/downloads/dl/file/id/37491/sbc_1000_gateway_datasheet.pdf)
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`
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`(Source : https://www.voipsupply.com/downloads/dl/file/id/37471/sbc_2000_datasheet.pdf)
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`33
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 34 of 178 PageID #: 34
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`(Source : https://tools.ietf.org/html/rfc3611)
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`
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`(Source : https://tools.ietf.org/html/rfc3611)
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`36.
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`By doing so, Ribbon has directly infringed (literally and/or under the doctrine of
`
`equivalents) at least Claim 9 of the ‘437 Patent. Ribbon’s infringement in this regard is ongoing.
`
`37.
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`Ribbon 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
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`
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`34
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 35 of 178 PageID #: 35
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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 Ribbon 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
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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
`
`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
`
`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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`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.
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`
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`35
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 36 of 178 PageID #: 36
`
`(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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`
`
`
`(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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`36
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 37 of 178 PageID #: 37
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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=s&id=T-REC-G.107-201402-S!!PDF-
`E&type=items)
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`37
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 38 of 178 PageID #: 38
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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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`38.
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`The methods practiced by Ribbon’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 Ribbon to implement the ITU-T G.107 Recommendation. The E-
`
`model is applied to a real-time voice call session over a system including the accused products
`
`(“second communication service”) for measuring the call’s voice quality by calculating the R
`
`value. The R value comprises of an effective Equipment impairment factor, Ie-eff which is
`
`calculated using various parameters like an equipment impairment factor at zero packet loss Ie
`
`(“first performance characteristic”), and other packet loss based parameters. The Ie values
`
`(“subjective ratings”) are derived from the results of subjective listening-only tests and are used
`
`
`
`38
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 39 of 178 PageID #: 39
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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)
`
`(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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`39
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`Case 4:19-cv-00945-SDJ Document 1 Filed 12/26/19 Page 40 of 178 PageID #: 40
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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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`39.
`
`The methods practiced by Ribbon’s use of the accused products include
`
`generating, by the processor, altered subjective ratings using the assumed model to reflect effects
`
`of the second performance characteristic on the subjective ratings. For example, the accused
`
`products are used by Ribbon to implement the ITU-T G.107 Recommenda