Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 1 of 92
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`
`AMERICAN PATENTS LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`SIERRA WIRELESS INC.,
`
`
`
`
`
`Defendant.
`
`
`CIVIL ACTION NO. 6:21-cv-637
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff American Patents LLC (“American Patents” or “Plaintiff”) files this original
`
`complaint against Defendant Sierra Wireless Inc. (“Sierra”), 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.
`
`American Patents is a limited liability company formed under the laws of the
`
`State of Texas, with its principal place of business at 2325 Oak Alley, Tyler, Texas, 75703.
`
`2.
`
`Sierra Wireless Inc. is a corporation duly organized and existing under the laws of
`
`Canada having a place of business at 13811 Wireless Way, Richmond, BC, Canada.
`
`3.
`
`Sierra and its affiliates 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.
`
`4.
`
`Sierra and its affiliates share the same management, common ownership,
`
`advertising platforms, facilities, distribution chains and platforms, and accused product lines and
`
`products involving related technologies.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`
`AMERICAN PATENTS LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`SIERRA WIRELESS INC.,
`
`
`
`
`
`Defendant.
`
`
`CIVIL ACTION NO. 6:21-cv-637
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff American Patents LLC (“American Patents” or “Plaintiff”) files this original
`
`complaint against Defendant Sierra Wireless Inc. (“Sierra”), 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.
`
`American Patents is a limited liability company formed under the laws of the
`
`State of Texas, with its principal place of business at 2325 Oak Alley, Tyler, Texas, 75703.
`
`2.
`
`Sierra Wireless Inc. is a corporation duly organized and existing under the laws of
`
`Canada having a place of business at 13811 Wireless Way, Richmond, BC, Canada.
`
`3.
`
`Sierra and its affiliates 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.
`
`4.
`
`Sierra and its affiliates share the same management, common ownership,
`
`advertising platforms, facilities, distribution chains and platforms, and accused product lines and
`
`products involving related technologies.
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 2 of 92
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`5.
`
`Thus, Sierra and its affiliates operate as a unitary business venture and are jointly
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`and severally liable for the acts of patent infringement alleged herein.
`
`JURISDICTION AND VENUE
`
`6.
`
`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).
`
`7.
`
`This Court has personal jurisdiction over Sierra pursuant to due process and/or the
`
`Texas Long Arm Statute because, inter alia, (i) Sierra has done and continues to do business in
`
`Texas; and (ii) Sierra 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
`
`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. In the alternative,
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`Sierra Wireless Inc. is subject to this Court’s specific personal jurisdiction consistent with the
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`principles of due process and the Federal Long-Arm Statute of Fed. R. Civ. P. 4(k)(2) because:
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`(1) it has substantial contacts with the United States and committed and/or induced acts of patent
`
`infringement in the United States; and (2) it is not subject to jurisdiction in any state’s courts of
`
`general jurisdiction.
`
`8.
`
`Venue is proper as to Sierra Wireless Inc., which is organized under the laws of
`
`Canada. 28 U.S.C. § 1391(c)(3) provides that “a defendant not resident in the United States may
`
`be sued in any judicial district, and the joinder of such a defendant shall be disregarded in
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`determining where the action may be brought with respect to other defendants.”
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`
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`2
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 3 of 92
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`BACKGROUND
`
`9.
`
`The patents-in-suit generally pertain to communications networks and other
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`technology used in “smart” devices such as smartphones, smart TVs, and smart appliances. The
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`technology disclosed by the patents was developed by personnel at Georgia Institute of
`
`Technology (“Georgia Tech”), and Nokia Corporation (“Nokia”).
`
`10.
`
`Georgia Tech is a leading public research university located in Atlanta, Georgia.
`
`Founded in 1885, Georgia Tech is often ranked as one of the top ten public universities in the
`
`United States. The patents from Georgia Tech (“the Mody patents”) were developed by a
`
`professor and a graduate student in Georgia Tech’s Electrical and Computer Engineering
`
`department. The undergraduate and graduate programs of this department are often ranked in the
`
`top five of their respective categories.
`
`11.
`
`The Mody patents are related to Multi-Input, Multi-Output (MIMO) technology.
`
`The inventors of the Mody patents were at the forefront of MIMO, developing, disclosing, and
`
`patenting a solution for achieving both time and frequency synchronization in MIMO systems.
`
`The Mody patents (or the applications leading to them) have been cited during patent prosecution
`
`hundreds of times, by numerous leading companies in the computing and communications
`
`industries, including AMD, Alcatel Lucent, Altair, AT&T, Atheros, Blackberry, Broadcom,
`
`Comcast, Ericsson, Facebook, HP, Hitachi, Huawei, Infineon, Intel, Interdigital, IBM, Kyocera,
`
`Marvell, Matsushita, Mediatek, Motorola, NEC, Nokia, Nortel Networks, NXP, Panasonic,
`
`Philips, Qualcomm, Realtek, Samsung, Sanyo, Sharp, Sony, STMicroelectronics, Texas
`
`Instruments, and Toshiba.
`
`12.
`
`Nokia is a Finnish multinational telecommunications, IT, and consumer
`
`electronics company. Listed on both the Helsinki Stock Exchange and the New York Stock
`
`Exchange, Nokia regularly makes the Fortune Global 500. Nokia has been the largest worldwide
`
`
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`3
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 4 of 92
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`vendor of mobile phones and smartphones and has been a major contributor to the mobile phone
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`industry.
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`13.
`
`The patent developed at Nokia (“the Rauhala patent”) is related to reduction of
`
`interference in receivers with multiple antennas. The inventors of the Rauhala patent have a
`
`combined fifty plus years of experience at Nokia and were prolific inventors for Nokia. Inventor
`
`Jyri Rauhala spent over 25 years at Nokia. Mr. Rauhala obtained a Master of Science in Applied
`
`Electronics, Digital Electronics from Tampere University of Technology in Finland and is named
`
`as an inventor on 15 U.S. patents. Inventor Olli-Pekka Lunden spent over 8 years at Nokia. Dr.
`
`Lunden obtained a Doctor of Science in Technology, Radio Engineering from Aalto University
`
`and is named as an inventor on 5 U.S. patents. Currently, Dr. Lunden works as a university
`
`lecturer at Tampere University of Technology in Finland. Inventor Marko Erkkila spent over
`
`twenty years at Nokia. Mr. Erkkila obtained a Master of Science in Digital Signal Processing,
`
`Electronics, Computer Science from Tampere University of Technology in Finland and is named
`
`as an inventor on 6 U.S. patents.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 7,088,782
`
`14.
`
`On August 8, 2006, United States Patent No. 7,088,782 (“the ‘782 Patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention
`
`entitled “Time And Frequency Synchronization In Multi-Input, Multi-Output (MIMO) Systems.”
`
`15.
`
`American Patents is the owner of the ‘782 Patent, with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action and enforce the
`
`‘782 Patent against infringers, and to collect damages for all relevant times.
`
`
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`4
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 5 of 92
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`16.
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`Sierra used products and/or systems including, for example, its Sierra AirLink
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`MG90, Sierra Airlink MP70, and EM LTE transceiver families of products, that include LTE
`
`and/or 802.11n and above capabilities (“accused products”):
`
`(Source : https://www.sierrawireless.com/products-and-solutions/routers-gateways/mg90/)
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`
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`5
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 6 of 92
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`(Source : https://www.sierrawireless.com/products-and-solutions/routers-gateways/mg90/)
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`(Source: https://www.sierrawireless.com/products-and-solutions/routers-gateways/mp70/)
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`6
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 7 of 92
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`(Source: https://www.sierrawireless.com/products-and-solutions/routers-gateways/mp70/)
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`(Source : https://www.fujitsu.com/global/products/computing/pc/notebooks/lifebook-
`
`u7511/index.html)
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`
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`7
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 8 of 92
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`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
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`
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
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`
`
`(Source : https://www.fujitsu.com/global/products/computing/pc/tablets/stylistic-
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`q7311/index.html)
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`8
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 9 of 92
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`
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`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-STYLISTIC-Q7311.pdf)
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`17.
`
`By doing so, Sierra has directly infringed (literally and/or under the doctrine of
`
`equivalents) at least Claim 30 of the ‘782 Patent. Sierra’s infringement in this regard is ongoing.
`
`18.
`
`Sierra has infringed the ‘782 Patent by using the accused products and thereby
`
`practicing a method for synchronizing a Multi-Input Multi-Output (MIMO) Orthogonal
`
`Frequency Division Multiplexing (OFDM) system in time and frequency domains. For example,
`
`the accused products support the LTE standard and MIMO technology. According to the LTE
`
`standards, the physical layer performs various functions which include modulation and
`
`demodulation of physical channels as well as time and frequency synchronization.
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`
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`9
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 10 of 92
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`(Source : https://www.sierrawireless.com/products-and-solutions/routers-gateways/mg90/)
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`(Source: https://www.sierrawireless.com/products-and-solutions/routers-gateways/mp70/)
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`
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
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`
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
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`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-STYLISTIC-Q7311.pdf)
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`10
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 11 of 92
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`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136300_136399/136302/15.00.00_60/ts_136302v150
`
`000p.pdf)
`
`
`
`(Source: https://in.mathworks.com/help/lte/ug/synchronization-signals-pss-and-sss.html)
`
`19.
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`The methods practiced by Sierra’s use of the accused products include producing
`
`a frame of data comprising a training symbol that includes a synchronization component that aids
`
`in synchronization, a plurality of data symbols, and a plurality of cyclic prefixes. For example,
`
`the physical layer performs the modulation and demodulation of the physical channels. Further,
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`11
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 12 of 92
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`it uses OFDM in the downlink physical channel. Hence, there would be OFDM modulators
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`present in transmitter of the apparatus (mobile devices such as the accused products) for
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`modulating the data signals. The physical layer transmits downlink frames that include data
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`symbols, pilot symbols such as PSS, SSS, reference symbols and cyclic prefixes for each
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`symbol.
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`(Source: https://home.zhaw.ch/kunr/NTM1/literatur/LTE%20in%20a%20Nutshell%20-
`
`%20Physical%20Layer.pdf)
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`
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136201/10.00.00_60/ts_136201v100
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`
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`000p.pdf)
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`12
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 13 of 92
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`(Source:
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`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/08.06.00_60/ts_136211v080
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`600p.pdf)
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`(Source:
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`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/08.06.00_60/ts_136211v080
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`600p.pdf)
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`13
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 14 of 92
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`(Source: Fundamentals of LTE, Ghosh et al.)
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`20.
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`The methods practiced by Sierra’s use of the accused products include
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`transmitting the frame over a channel. The data frames having cyclic prefixes and other OFDM
`
`symbols are transmitted over a channel (e.g. PDCCH). Alternatively, on request from an
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`accused product, an LTE base station can act as a transmitter and transmit the frame over a
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`channel.
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136201/10.00.00_60/ts_136201v100
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`000p.pdf)
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`14
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 15 of 92
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`
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`(Source:
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`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/11.05.00_60/ts_136211v110
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`500p.pdf)
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`21.
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`The methods practiced by Sierra’s use of the accused products include receiving
`
`the transmitted frame. For example, the receiving antennas of the accused products can receive
`
`the transmitted frames for further processing.
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`(Source : https://www.sierrawireless.com/products-and-solutions/routers-gateways/mg90/)
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`15
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 16 of 92
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`(Source: https://www.sierrawireless.com/products-and-solutions/routers-gateways/mp70/)
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`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
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`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
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`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-STYLISTIC-Q7311.pdf)
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`22.
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`The methods practiced by Sierra’s use of the accused products include
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`demodulating the received frame. For example, according to the LTE standards, the physical
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`16
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 17 of 92
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`layer performs various functions which include modulation and demodulation of physical
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`channels. Hence, the received frame will be demodulated for further processing.
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136300_136399/136302/15.00.00_60/ts_136302v150
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`000p.pdf)
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`17
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 18 of 92
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`(Source:
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`https://www.etsi.org/deliver/etsi_ts/136300_136399/136302/15.00.00_60/ts_136302v150
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`000p.pdf)
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`23.
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`The methods practiced by Sierra’s use of the accused products include
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`synchronizing the received demodulated frame to the transmitted frame such that the data
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`symbols are synchronized in the time domain and frequency domain. For example, according to
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`the LTE standards, the physical layer performs various functions which include frequency and
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`time synchronization. The procedure of achieving this time and frequency synchronizations is
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`called ‘Cell Search’.
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`18
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 19 of 92
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`(Source : https://www.sierrawireless.com/products-and-solutions/routers-gateways/mg90/)
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`(Source: https://www.sierrawireless.com/products-and-solutions/routers-gateways/mp70/)
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`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
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`19
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 20 of 92
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`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
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`
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-STYLISTIC-Q7311.pdf)
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`
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136300_136399/136302/15.00.00_60/ts_136302v150000p.p
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`
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`df)
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`20
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 21 of 92
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`(Source:
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`https://www.etsi.org/deliver/etsi_ts/136200_136299/136213/14.02.00_60/ts_136213v140200p.p
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`
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`df)
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`24.
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`The methods practiced by Sierra’s use of the accused products include wherein
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`the synchronizing in the time domain comprises coarse time synchronizing and fine time
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`synchronizing. For example, the physical layer performs time and frequency synchronization on
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`received frames using the cell search procedure. It uses primary and secondary synchronization
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`signals for time and frequency synchronization. The time synchronization includes coarse and
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`fine time synchronizations. The PSS and the SSS are and have been used for symbol timing and
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`radio frame timing respectively providing coarse and fine timing synchronization.
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`21
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 22 of 92
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`(Source:
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`https://www.etsi.org/deliver/etsi_ts/136200_136299/136201/10.00.00_60/ts_136201v100
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`
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`000p.pdf)
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`(Source:
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`
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`https://www.etsi.org/deliver/etsi_ts/136200_136299/136213/14.02.00_60/ts_136213v140
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`200p.pdf)
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`22
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 23 of 92
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`(Source: Multi-Carrier and Spread Spectrum Systems: From OFDM and MC-CDMA to
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`LTE and WiMAX, Fazel et. Al (2008))
`
`(Source: Multi-Carrier and Spread Spectrum Systems: From OFDM and MC-CDMA to
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`LTE and WiMAX, Fazel et. Al (2008))
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`(Source: http://www.sharetechnote.com/html/BasicProcedure_LTE_TimeSync.html)
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`23
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 24 of 92
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`(Source: https://www.mathworks.com/company/newsletters/articles/understanding-and-
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`demodulating-lte-signals.html)
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`(Source: 4G, LTE-Advanced Pro and The Road to 5G, Dahlman et al. (2016))
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`24
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 25 of 92
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`(Source: Mobile Terminal Receiver Design: LTE and LTE-Advanced, Das, Sajal Kumar
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`(2017))
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`(Source: Mobile Terminal Receiver Design: LTE and LTE-Advanced, Das, Sajal Kumar
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`(2017))
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`25
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`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 26 of 92
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`(Source: Mobile Terminal Receiver Design: LTE and LTE-Advanced, Das, Sajal Kumar
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`(2017))
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`25.
`
`Sierra has had actual knowledge of the ‘782 Patent at least as of the date when it
`
`was notified of the filing of this action. By the time of trial, Sierra will have known and intended
`
`(since receiving such notice) that its continued actions would infringe and actively induce and
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`contribute to the infringement of one or more claims of the ‘782 Patent.
`
`26.
`
`Sierra has also indirectly and willfully infringed, and continues to indirectly and
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`willfully infringe, the ‘782 Patent, as explained further below in the “Additional Allegations
`
`Regarding Infringement” section.
`
`27.
`
`American Patents has been damaged as a result of the infringing conduct by
`
`Sierra alleged above. Thus, Sierra is liable to American Patents in an amount that adequately
`
`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.
`
`28.
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`American 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 ‘782 Patent.
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`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 7,310,304
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`29.
`
`On December 18, 2007, United States Patent No. 7,310,304 (“the ‘304 Patent”)
`
`was duly and legally issued by the United States Patent and Trademark Office for an invention
`
`entitled “Estimating Channel Parameters in Multi-Input, Multi-Output (MIMO) Systems.”
`
`30.
`
`American Patents is the owner of the ‘304 Patent, with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action and enforce the
`
`‘304 Patent against infringers, and to collect damages for all relevant times.
`
`
`
`26
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 27 of 92
`
`31.
`
`Sierra made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems including, for example, its Sierra AirLink MG90,
`
`Sierra Airlink MP70, and Sierra EM LTE transceiver families of products, that include LTE
`
`and/or 802.11n and above capabilities (“accused products”):
`
`(Source : https://www.sierrawireless.com/products-and-solutions/routers-gateways/mg90/)
`
`
`
`
`
`27
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 28 of 92
`
`(Source : https://www.sierrawireless.com/products-and-solutions/routers-gateways/mg90/)
`
`(Source: https://www.sierrawireless.com/products-and-solutions/routers-gateways/mp70/)
`
`
`
`28
`
`
`
`
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 29 of 92
`
`
`
`
`
`(Source: https://www.sierrawireless.com/products-and-solutions/routers-gateways/mp70/)
`
`(Source : https://www.fujitsu.com/global/products/computing/pc/notebooks/lifebook-
`
`u7511/index.html)
`
`
`
`29
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 30 of 92
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
`
`
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
`
`
`
`(Source : https://www.fujitsu.com/global/products/computing/pc/tablets/stylistic-
`
`q7311/index.html)
`
`
`
`30
`
`
`
`
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 31 of 92
`
`
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-STYLISTIC-Q7311.pdf)
`
`32.
`
`By doing so, Sierra has directly infringed (literally and/or under the doctrine of
`
`equivalents) at least Claim 1 of the ‘304 Patent. Sierra’s infringement in this regard is ongoing.
`
`33.
`
`Sierra has infringed the ‘304 Patent by making, having made, using, importing,
`
`providing, supplying, distributing, selling or offering for sale products including an Orthogonal
`
`Frequency Division Multiplexing (OFDM) transmitter. For example, the accused products
`
`support LTE standards with MIMO technology.
`
`(Source : https://www.sierrawireless.com/products-and-solutions/routers-gateways/mg90/)
`
`
`
`
`
`31
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 32 of 92
`
`(Source: https://www.sierrawireless.com/products-and-solutions/routers-gateways/mp70/)
`
`
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
`
`
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-LIFEBOOK_U7511.pdf)
`
`
`
`(Source : https://sp.ts.fujitsu.com/dmsp/Publications/public/ds-STYLISTIC-Q7311.pdf)
`
`
`
`
`
`32
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 33 of 92
`
`(Source: https://sites.google.com/site/lteencyclopedia/lte-network-infrastructure-and-
`
`
`
`elements)
`
`34.
`
`The accused products include an encoder configured to process data to be
`
`transmitted within an OFDM system, the encoder further configured to separate the data onto
`
`one or more transmit diversity branches (TDBs). Alternatively, on request from an accused
`
`product, an LTE base station includes a transmitter in an OFDM system with an encoder
`
`configured to process data to be transmitted within an OFDM system, the encoder further
`
`configured to separate the data onto one or more transmit diversity branches (TDBs). For
`
`example, according to the LTE standards, the physical layer performs FEC encoding on the
`
`transmitting data. Hence, there is an encoder block at the transmitter end; additionally, transmit
`
`diversity is performed at the transmitter end. The encoders output the data onto multiple transmit
`
`chains (i.e. transmit diversity branches) for further processing.
`
`
`
`33
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 34 of 92
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136201/10.00.00_60/ts_136201v100
`
`
`
`000p.pdf)
`
`(Source:
`
`
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/08.06.00_60/ts_136211v080
`
`600p.pdf)
`
`35.
`
`The accused products include one or more OFDM modulators, each OFDM
`
`modulator connected to a respective TDB, each OFDM modulator configured to produce a frame
`
`
`
`34
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 35 of 92
`
`including a plurality of data symbols, a training structure, and cyclic prefixes inserted among the
`
`data symbols. For example, the physical layer performs the modulation and demodulation of the
`
`physical channels. Further, it uses OFDM in the downlink physical channel. Hence, there would
`
`be OFDM modulators for modulating the data signals. The physical layer transmits frames of
`
`data on the downlink that include cyclic prefixes, training symbols and other data groups.
`
`
`
`
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136201/10.00.00_60/ts_136201v100
`
`000p.pdf)
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136201/10.00.00_60/ts_136201v100
`
`000p.pdf)
`
`
`
`35
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 36 of 92
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/08.06.00_60/ts_136211v080
`
`600p.pdf)
`
`
`
`(Source: https://home.zhaw.ch/kunr/NTM1/literatur/LTE%20in%20a%20Nutshell%20-
`
`%20Physical%20Layer.pdf)
`
`36.
`
`The accused products include one or more transmitting antennas in
`
`
`
`communication with the one or more OFDM modulators, respectively, each transmitting antenna
`
`configured to transmit the respective frame over a channel. Alternatively, on request from an
`
`accused product, an LTE base station includes one or more transmitting antennas in
`
`
`
`36
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 37 of 92
`
`communication with the one or more OFDM modulators, respectively, each transmitting antenna
`
`configured to transmit the respective frame over a channel. The transmitting antennas in the base
`
`station are connected to the OFDM modulators to get the OFDM frames for further transmission.
`
`(Source: https://www.electronicdesign.com/communications/lte-requires-synchronization-and-
`
`standards-support)
`
`
`
`
`
`37
`
`
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 38 of 92
`
`(Source :
`
`https://www.etsi.org/deliver/etsi_ts/136300_136399/136302/15.00.00_60/ts_136302v150000p.p
`
`df)
`
`(Source:
`
`
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/11.05.00_60/ts_136211v110500p.p
`
`df)
`
`37.
`
`The accused products include wherein the training structure of each frame
`
`includes a predetermined signal transmission matrix at a respective sub-channel, each training
`
`structure adjusted to have a substantially constant amplitude in a time domain, and the cyclic
`
`prefixes are further inserted within the training symbol, and wherein the cyclic prefixes within
`
`the training symbol are longer than the cyclic prefixes among the data symbols, thereby
`
`countering an extended channel impulse response and improving synchronization performance.
`
`Alternatively, on request from an accused product, an LTE base station includes a transmitter in
`
`an Orthogonal Frequency Division Multiplexing (OFDM) system, the transmitter comprising one
`
`or more OFDM modulators configured to produce a frame including a plurality of data symbols,
`
`a training structure, and cyclic prefixes inserted among the data symbols; wherein the training
`
`structure of each frame includes a predetermined signal transmission matrix at a respective sub-
`
`channel, each training structure adjusted to have a substantially constant amplitude in a time
`
`domain, and the cyclic prefixes are further inserted within the training symbol, and wherein the
`
`cyclic prefixes within the training symbol are longer than the cyclic prefixes among the data
`
`symbols, thereby countering an extended channel impulse response and improving
`
`
`
`38
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 39 of 92
`
`synchronization performance. For example, the physical layer performs precoding on both the
`
`downlink by generating a precoding matrix (i.e. signal transmission matrix) which is transmitted
`
`along with the data frames. Cyclic prefixes are added to the transmitting frames to help in frame
`
`synchronization at the receiver end. The evidence shows that a cell-specific reference signal
`
`acting as the training sequence are and have been used for channel estimation and are present in
`
`the first symbol of the slots in the frame. Also, the evidence shows that the cyclic prefix in the
`
`first symbol is longer than the cyclic prefix in the other data symbols. Thus, the cyclic prefix in
`
`the training strucuture reference signals are longer than the cyclic prefixes in the other data
`
`symbols. The primary synchronization signals and the cell specific reference signals are
`
`generated using Zadoff-Chu sequences which have a constant amplitude.
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136201/10.00.00_60/ts_136201v100000p.p
`
`
`
`df)
`
`
`
`39
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 40 of 92
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/08.06.00_60/ts_136211v080600p.p
`
`df)
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/08.06.00_60/ts_136211v080600p.p
`
`df)
`
`
`
`40
`
`
`
`
`
`
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 41 of 92
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/08.06.00_60/ts_136211v080600p.p
`
`df)
`
`(Source:
`
`
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/08.06.00_60/ts_136211v080600p.p
`
`df)
`
`(Source: LTE and the Evolution to 4G Wireless: Design and Measurement Challenges, Wiley
`
`
`
`(2013))
`
`
`
`41
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 42 of 92
`
`(Source: https://home.zhaw.ch/kunr/NTM1/literatur/LTE%20in%20a%20Nutshell%20-
`
`%20Physical%20Layer.pdf)
`
`(Source: 3G Evolution: HSPA and LTE for Mobile Broadband, Dahlman, et al. (2010))
`
`
`
`
`
`
`
`42
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 43 of 92
`
`(Source: https://home.zhaw.ch/kunr/NTM1/literatur/LTE%20in%20a%20Nutshell%20-
`
`%20Physical%20Layer.pdf)
`
`
`
`(Source: Mobile Terminal Receiver Design: LTE and LTE-Advanced, Das, Sajal Kumar (2017))
`
`
`
`
`
`43
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 44 of 92
`
`
`
`
`
`(Source: Mobile Terminal Receiver Design: LTE and LTE-Advanced, Das, Sajal Kumar (2017))
`
`(Source:
`
`https://www.etsi.org/deliver/etsi_ts/136200_136299/136211/08.06.00_60/ts_136211v080600p.p
`
`df)
`
`
`
`44
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 45 of 92
`
`
`
`(Source: http://www.rfwireless-world.com/Terminology/Zadoff-chu-sequence-LTE.html)
`
`38.
`
`Sierra has had actual knowledge of the ‘304 Patent at least as of the date when it
`
`was notified of the filing of this action. By the time of trial, Sierra will have known and intended
`
`(since receiving such notice) that its continued actions would infringe and actively induce and
`
`contribute to the infringement of one or more claims of the ‘304 Patent.
`
`39.
`
`Sierra has also indirectly and willfully infringed, and continues to indirectly and
`
`willfully infringe, the ‘304 Patent, as explained further below in the “Additional Allegations
`
`Regarding Infringement” section.
`
`40.
`
`American Patents has been damaged as a result of the infringing conduct by
`
`Sierra alleged above. Thus, Sierra is liable to American Patents in an amount that adequately
`
`compensates it for such infringements, which, by law, cannot be less than a reasonable royalty,
`
`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`41.
`
`American Patents and/or its predecessors-in-interest have satisfied all statutory
`
`obligations required to collect pre-filing damages for the full period allowed by law for
`
`infringement of the ‘304 Patent.
`
`
`
`45
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 46 of 92
`
`COUNT III
`
`INFRINGEMENT OF U.S. PATENT NO. 7,706,458
`
`42.
`
`On April 27, 2010, United States Patent No. 7,706,458 (“the ‘458 Patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention
`
`entitled “Time And Frequency Synchronization In Multi-Input, Multi-Output (MIMO) Systems.”
`
`43.
`
`American Patents is the owner of the ‘458 Patent, with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action and enforce the
`
`‘458 Patent against infringers, and to collect damages for all relevant times.
`
`44.
`
`Sierra made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems including, for example, its Sierra AirLink MG90,
`
`Sierra Airlink MP70, and Sierra EM LTE transceiver families of products, that include LTE
`
`and/or 802.11n and above capabilities (“accused products”):
`
`
`
`46
`
`
`
`
`
`Case 6:21-cv-00637-ADA Document 1 Filed 06/21/21 Page 47 of 92
`
`(Source : https://www.sierrawireless.c
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