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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 1 of 12
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`WSOU INVESTMENTS, LLC d/b/a
`BRAZOS LICENSING AND
`DEVELOPMENT,
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`
`Plaintiff,
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`v.
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`HUAWEI TECHNOLOGIES CO., LTD.
`AND HUAWEI TECHNOLOGIES USA
`INC.,
`
`
`Defendants.
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`CIVIL ACTION NO. 6:20-cv-00890
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`JURY TRIAL DEMANDED
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff WSOU Investments, LLC d/b/a Brazos Licensing and Development (“Brazos” or
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`“Plaintiff”), by and through its attorneys, files this Complaint for Patent Infringement against
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`Defendants Huawei Technologies Co. Ltd. and Huawei Technologies USA Inc. (collectively
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`“Huawei” or “Defendants”) and alleges:
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`NATURE OF THE ACTION
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`1.
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`This is a civil action for patent infringement arising under the Patent Laws of the
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`United States, 35 U.S.C. §§ 1, et seq., including §§ 271, 281, 284, and 285.
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`1
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 2 of 12
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`THE PARTIES
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`2.
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`Brazos is a limited liability corporation organized and existing under the laws of
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`Delaware, with its principal place of business at 606 Austin Avenue, Suite 6, Waco, Texas 76701.
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`3.
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`On information and belief, Defendant Huawei Technologies Co., Ltd. is a Chinese
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`corporation that does business in Texas, directly or through intermediaries, with a principal place
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`of business at Bantian, Longgang District, Shenzhen 518129, People’s Republic of China.
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`4.
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`Upon information and belief, Defendant Huawei Technologies USA Inc. is a
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`corporation organized and existing under the laws of Texas that maintains an established place of
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`business at 2391 NE Interstate 410 Loop, San Antonio, Texas 78217. Huawei Technologies USA,
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`Inc. is authorized to do business in Texas and may be served via its registered agent, CT
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`Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136.
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`5.
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`Defendants operate under and identify with the trade name “Huawei.” Each of the
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`Defendants may be referred to individually as a “Huawei Defendant” and, collectively, Defendants
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`may be referred to below as “Huawei” or as the “Huawei Defendants.”
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`JURISDICTION AND VENUE
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`6.
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`This is an action for patent infringement which arises under the Patent Laws of the
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`United States, in particular, 35 U.S.C. §§271, 281, 284, and 285.
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`7.
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`This Court has jurisdiction over the subject matter of this action under 28 U.S.C.
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`§§ 1331 and 1338(a).
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`8.
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`This Court has specific and general personal jurisdiction over each Huawei
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`Defendant pursuant to due process and/or the Texas Long Arm Statute, because each Huawei
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`Defendant has committed acts giving rise to this action within Texas and within this judicial
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`district. The Court’s exercise of jurisdiction over each Huawei Defendant would not offend
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`2
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 3 of 12
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`traditional notions of fair play and substantial justice because Huawei has established minimum
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`contacts with the forum. For example, on information and belief, Huawei Defendants have
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`committed acts of infringement in this judicial district, by among other things, selling and offering
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`for sale products that infringe the asserted patent, directly or through intermediaries, as alleged
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`herein.
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`9.
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`Venue in the Western District of Texas is proper pursuant to 28 U.S.C. §§1391 and
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`1400(b) because Defendants have committed acts of infringement in this judicial district and have
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`regular and established places of business in this judicial district and in Texas. As non-limiting
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`examples, on information and belief, Defendants have sold or offered to sell the Accused Products
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`in this judicial district and have employees or agents that operate Huawei equipment in this judicial
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`district, including at 189 CR 265, Georgetown, TX 78626, 1150 S. Bell Blvd., Cedar Park, TX
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`78613, 1399 S A W Grimes Blvd., Round Rock, TX 78664, 12335 IH 35, Jarrell, TX 76537, 1050
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`Rabbit Hill Rd., Unit #E, Georgetown, TX 78626, 1602 A W Grimes Blvd., Round Rock, TX
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`78664, 4120 IH 35 N, Georgetown, TX 78626, 900 CR 272, Leander, TX 78641, 1950 Crystal
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`Falls Pkwy., Leander, TX 78641, 1101 N. Industrial Blvd., Round Rock, TX 78681, 506 McNeil
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`Rd., Round Rock, TX 78681, 3210 Chisholm Trail Rd., Round Rock, TX 78681, 112 Roundville
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`Ln., Round Rock, TX 78664, 202 Central Dr. W, Georgetown, TX 78628, 3595 E. Hwy. 29,
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`Georgetown, TX 78626, 1402 W Welch St., Taylor, TX 76574, 3801 Oak Ridge Dr., Round Rock,
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`TX 78681, 1957 Red Bud Ln. #B, Round Rock, TX 78664, 6603 S Lakewood Dr., Georgetown,
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`TX 78633, 500 W Front, Hutto, TX 78634.
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`3
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 4 of 12
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`COUNT ONE - INFRINGEMENT OF
`U.S. PATENT NO. 6,839,321
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`10.
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`Brazos re-alleges and incorporates by reference the preceding paragraphs of this
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`Complaint.
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`11.
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`On January 4, 2005, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 6,839,321(“the ’321 Patent”), entitled “Domain based congestion
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`management.” A true and correct copy of the ’321 Patent is attached as Exhibit A to this
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`Complaint.
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`12.
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`Brazos is the owner of all rights, title, and interest in and to the ’321 Patent,
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`including the right to assert all causes of action arising under the ’321 Patent and the right to any
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`remedies for the infringement of the ’321 Patent.
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`13.
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`Huawei makes, uses, sells, offers for sale, imports, and/or distributes in the United
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`States, including within this judicial district, products such as, but not limited to, Huawei Cloud
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`Engine series switches (collectively, the “Accused Products”).
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`14.
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`The Accused Products include Huawei’s Cloud Engine 8800 series switches.
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`15.
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`Huawei provides a range of fully managed switches to manage and regulate the
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`network traffic flow.
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`16.
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`Huawei’s Cloud Engine 8800 series switches deliver high performance, high port
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`density, and low latency for cloud-oriented data center networks and high-end campus networks.
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`Huawei’s Cloud Engine 8800 series switches support an extensive range of data center features,
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`Software-Defined Networking (SDN) capabilities, and high-performance stacking technologies.
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`4
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 5 of 12
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`Source: https://e.huawei.com/us/products/enterprise-networking/switches/data-center-
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`switches/ce8800
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`17.
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`The Accused Products uses Huawei’s algorithm to customize virtual queues based
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`on services, implementing refined management, and pre-determines uplink and downlink queue
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`congestion to eliminate packet loss.
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`Source:
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`https://e.huawei.com/us/material/networking/dcswitch/0e2b9914aa134aeb9783fbd4d5b18137,
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`18.
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`The Accused Products support a QoS model (e.g. Differentiated Services or
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`
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`DiffServ), which classifies packets on a network into multiple classes and takes different actions
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`for the classes. In the DiffServ model, traffic classification and aggregation are completed on
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`edge nodes. Edge nodes classify packets based on a combination of fields in packets, such as the
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`5
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 6 of 12
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`source and destination addresses, precedence in the Type of Service (ToS) field, and protocol
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`type, and then mark packets with different priorities.
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`Source: https://support.huawei.com/enterprise/en/doc/EDOC1000166640/7ac0d32a/overview-
`of-qos
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`19.
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`In the Accused Products, the DiffServ model includes multiple QoS mechanisms,
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`one of which is congestion management and congestion avoidance. The congestion management
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`buffers packets in queues upon network congestion and determines the forwarding order using a
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`specific scheduling algorithm. The congestion avoidance monitors network resource usage and
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`drops packets to mitigate network overloading when congestion worsens.
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`6
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 7 of 12
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`Source: https://support.huawei.com/enterprise/en/doc/EDOC1000166640/7ac0d32a/overview-
`of-qos
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`20.
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`In the Accused Products, the congestion avoidance mechanism supports a feature
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`(e.g., WRED or Weighted Random Early Detection). WRED discards packets based on packet
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`priorities, so the drop probability of packets with higher priorities is low. In addition, WRED
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`randomly discards packets so that rates of TCP connections are reduced at different times, which
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`prevents global TCP synchronization. Further, WRED defines upper and lower threshold for the
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`length of each queue and, based on the threshold levels and the queue sizes, the packet is dropped
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`or discarded.
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`21.
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`In the Accused Products, the Combination of WRED and Explicit Congestion
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`Notification (ECN) enables a terminal device to detect congestion and notify the source of
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`congestion. After receiving the notification, the source reduces the rate of sending packets to
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`prevent congestion from aggravating.
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`7
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 8 of 12
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`Source: https://support.huawei.com/enterprise/en/doc/EDOC1000166640/8e515729/overview-
`of-congestion-avoidance-and-congestion-management
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`22.
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`In the Accused Products, when ECN is enabled along with the Weighted Random
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`Early Detection (WRED), if congestion occurs, the device does not randomly discard packets;
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`instead, the device randomly marks packets based on the WRED drop profile.
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`Source: https://support.huawei.com/enterprise/en/doc/EDOC1000166640/4b49cfb7/configuring-
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`
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`ecn
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`23.
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`In the Accused Products, when a queue is congested, the ECN field is updated to
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`11 (i.e. at least one bit) for the outgoing packets (i.e. sending message to another node) in the
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`queue. Thus, marking of the packet consists of setting at least the ECN flag bit in the ECN field.
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`8
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 9 of 12
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`Source: https://support.huawei.com/enterprise/en/doc/EDOC1100137938/2be927d1/fast-ecn
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`24.
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` In the Accused Products, the ECN marked packets are received by the receiver,
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`and then the receiver informs the transmitter of the congestion. This, in turn, indicates to the
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`transmitter to reduce the rate of transmission. The traffic rate is regulated by notifying the source
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`about the congestion.
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`Source: https://support.huawei.com/enterprise/en/doc/EDOC1000102434?section=k008
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`25.
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`In the Accused Products, ECN involves sending the marked packets only when
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`congestion is detected. The clearance of congestion is detected through the receiving of unmarked
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`packets. When the number of packets in the forwarding queue exceeds the ECN threshold, the
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`device sends a packet carrying the ECN field to the destination server to notify it of the congestion
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`on the network. Accordingly, when ECN threshold is not exceeded, no ECN field will be added,
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`indicating there is no congestion. The receiving node will determine that the congestion is clear
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`by virtue of no addition of ECN field.
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`9
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 10 of 12
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`Source: https://support.huawei.com/enterprise/en/doc/EDOC1100137938/2be927d1/fast-ecn
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`26.
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`In view of preceding paragraphs, each and every element of at least claim 1 of the
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`
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`’321 Patent is found in the Accused Products.
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`27.
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`Huawei has and continues to directly infringe at least one claim of the ’321 Patent,
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`literally or under the doctrine of equivalents, by making, using, selling, offering for sale, importing,
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`and/or distributing the Accused Products in the United States, including within this judicial district,
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`without the authority of Brazos.
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`28.
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`Huawei has received notice and actual or constructive knowledge of the ’321
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`Patent since at least the date of service of this Complaint.
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`29.
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`Since at least the date of service of this Complaint, through its actions, Huawei has
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`actively induced product makers, distributors, retailers, and/or end users of the Accused Products
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`to infringe the ’321 Patent throughout the United States, including within this judicial district, by,
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`among other things, advertising and promoting the use of the Accused Products in various
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`websites, including providing and disseminating product descriptions, operating manuals, and
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`other instructions on how to implement and configure the Accused Products. Examples of such
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`advertising, promoting, and/or instructing include the documents at:
`
`•
`
`•
`
`•
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`https://e.huawei.com/us/products/enterprise-networking/switches/data-
`center-switches/ce8800
`https://e.huawei.com/us/material/networking/dcswitch/0e2b9914aa134aeb9
`783fbd4d5b18137
`https://support.huawei.com/enterprise/en/doc/EDOC1000166640/7ac0d32a/
`overview-of-qos,
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`10
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 11 of 12
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`•
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`•
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`•
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`•
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`30.
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`https://support.huawei.com/enterprise/en/doc/EDOC1000166640/8e515729
`/overview-of-congestion-avoidance-and-congestion-management
`https://support.huawei.com/enterprise/en/doc/EDOC1100137938/2be927d1
`/fast-ecn
`https://support.huawei.com/enterprise/en/doc/EDOC1000102434?section=k
`008
`https://support.huawei.com/enterprise/en/doc/EDOC1000166640/4b49cfb7/
`configuring-ecn
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`Since at least the date of service of this Complaint, through its actions, Huawei
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`has contributed to the infringement of the ’321 Patent by having others sell, offer for sale, or use
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`the Accused Products throughout the United States, including within this judicial district, with
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`knowledge that the Accused Products infringe the ’321 Patent. The Accused Products are
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`especially made or adapted for infringing the ’321 Patent and have no substantial non-infringing
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`use. For example, in view of the preceding paragraphs, the Accused Products contain
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`functionality which is material to at least one claim of the ’321 Patent.
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`JURY DEMAND
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`Brazos hereby demands a jury on all issues so triable.
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`
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`REQUEST FOR RELIEF
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`WHEREFORE, Brazos respectfully requests that the Court:
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`(A)
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`Enter judgment that Huawei infringes one or more claims of the ’321 Patent
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`literally and/or under the doctrine of equivalents;
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`(B)
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`Enter judgment that Huawei has induced infringement and continues to induce
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`infringement of one or more claims of the ’321 Patent;
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`(C)
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`Enter judgment that Huawei has contributed to and continues to contribute to the
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`infringement of one or more claims of the ’321 Patent;
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`11
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`Case 6:20-cv-00890 Document 1 Filed 09/29/20 Page 12 of 12
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`(D)
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`Award Brazos damages, to be paid by Huawei in an amount adequate to
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`compensate Brazos for such damages, together with pre-judgment and post-
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`judgment interest for the infringement by Huawei of the ’321 Patent through the
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`date such judgment is entered in accordance with 35 U.S.C. §284, and increase
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`such award by up to three times the amount found or assessed in accordance with
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`35 U.S.C. §284;
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`(E)
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`(F)
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`this
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`case
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`exceptional pursuant
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`Declare
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`Award Brazos its costs, disbursements, attorneys’ fees, and such further and
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`to 35 U.S.C. §285;
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`and
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`additional relief as is deemed appropriate by this Court.
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`Dated: September 29, 2020
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`Respectfully submitted,
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`
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`
`
`/s/ James L. Etheridge
`James L. Etheridge
`Texas State Bar No. 24059147
`Ryan S. Loveless
`Texas State Bar No. 24036997
`Travis L. Richins
`Texas State Bar No. 24061296
`Brett A. Mangrum
`Texas State Bar No. 24065671
`Jeffrey Huang
`ETHERIDGE LAW GROUP, PLLC
`2600 E. Southlake Blvd., Suite 120 / 324
`Southlake, Texas 76092
`Telephone: (817) 470-7249
`Facsimile: (817) 887-5950
`Jim@EtheridgeLaw.com
`Ryan@EtheridgeLaw.com
`Travis@EtheridgeLaw.com
`Brett@EtheridgeLaw.com
`JeffH@EtheridgeLaw.com
`
`COUNSEL FOR PLAINTIFF
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`12
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