Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 1 of 87
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`
`REALTIME ADAPTIVE STREAMING
`
`
`
`Case No. ___________________
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`LLC,
`
`Plaintiff,
`
` v.
` POLYCOM, INC.,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`This is an action for patent infringement arising under the Patent Laws of the United
`
`States of America, 35 U.S.C. § 1 et seq. in which Plaintiff Realtime Adaptive Streaming
`
`LLC (“Plaintiff” or “Realtime”) makes the following allegations against Defendant
`
`Polycom, Inc. (“Polycom” or "Defendant").
`
`PARTIES
`
`1.
`
`Realtime is a Texas limited liability company. Realtime has a place of
`
`business at 1828 E.S.E. Loop 323, Tyler, Texas 75701. Realtime has researched and
`
`developed specific solutions for data compression, including, for example, those that
`
`increase the speeds at which data can be stored and accessed. As recognition of its
`
`innovations rooted in this technological field, Realtime holds multiple United States
`
`patents and pending patent applications.
`
`2.
`
`On information and belief, Polycom is a Delaware corporation with its
`
`principal place of business at 6001 America Center Drive, San Jose, California 95002.
`
`Polycom offers its products and/or services, including those accused herein of infringement,
`
`to customers and potential customers located in Colorado and in this District. For example,
`
`
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`
`REALTIME ADAPTIVE STREAMING
`
`
`
`Case No. ___________________
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`LLC,
`
`Plaintiff,
`
` v.
` POLYCOM, INC.,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`This is an action for patent infringement arising under the Patent Laws of the United
`
`States of America, 35 U.S.C. § 1 et seq. in which Plaintiff Realtime Adaptive Streaming
`
`LLC (“Plaintiff” or “Realtime”) makes the following allegations against Defendant
`
`Polycom, Inc. (“Polycom” or "Defendant").
`
`PARTIES
`
`1.
`
`Realtime is a Texas limited liability company. Realtime has a place of
`
`business at 1828 E.S.E. Loop 323, Tyler, Texas 75701. Realtime has researched and
`
`developed specific solutions for data compression, including, for example, those that
`
`increase the speeds at which data can be stored and accessed. As recognition of its
`
`innovations rooted in this technological field, Realtime holds multiple United States
`
`patents and pending patent applications.
`
`2.
`
`On information and belief, Polycom is a Delaware corporation with its
`
`principal place of business at 6001 America Center Drive, San Jose, California 95002.
`
`Polycom offers its products and/or services, including those accused herein of infringement,
`
`to customers and potential customers located in Colorado and in this District. For example,
`
`
`
`1
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 2 of 87
`
`Polycom has an Office in Westminster, Colorado at Primecenter at Northridge, Building
`
`B, First Floor, 1765 West 121st Avenue, Westminster, Colorado 80234-2301. Polycom
`
`may also be served with process through its registered agent for service, The Corporation
`
`Company at 7700 East Arapahoe Road, Suite 220, Centennial, Colorado 80112-1268.
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. This Court has original subject matter jurisdiction pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`4.
`
`This Court has personal jurisdiction over Polycom in this action because
`
`Polycom has committed acts within the District of Colorado giving rise to this action and
`
`has established minimum contacts with this forum such that the exercise of jurisdiction
`
`over Polycom would not offend traditional notions of fair play and substantial justice.
`
`Polycom has also committed and continues to commit acts of infringement in this District
`
`by, among other things, offering to sell and selling products and/or services that infringe
`
`the asserted patents.
`
`5.
`
`Venue is proper in this district, e.g., under 28 U.S.C. § 1400(b). Polycom
`
`has a regular and established place of business in this District at Primecenter at Northridge,
`
`Building B, First Floor, 1765 West 121st Avenue, Westminster, Colorado 80234-2301.
`
`Furthermore, upon information and belief, Polycom has transacted business in the District
`
`of Colorado and has committed acts of direct and indirect infringement in the District of
`
`Colorado.
`
`
`
`
`
`
`
`2
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 3 of 87
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 7,386,046
`
`6.
`
`Plaintiff re-alleges and incorporates by reference the foregoing paragraphs,
`
`as if fully set forth herein.
`
`7.
`
`Plaintiff Realtime is the owner by assignment of United States Patent No.
`
`7,386,046 (“the ’046 patent”) entitled “Bandwidth Sensitive Data Compression and
`
`Decompression.” The ’046 patent was duly and legally issued by the United States
`
`Patent and Trademark Office on June 10, 2008. A true and correct copy of the ’046
`
`patent is included as Exhibit A.
`
`8.
`
`On information and belief, Polycom has made, used, offered for sale, sold
`
`and/or imported into the United States products that infringe the ’046 patent, and
`
`continues to do so. By way of illustrative example, these infringing products include,
`
`without limitation, Polycom’s telepresence, videoconferencing as well as video and voice
`
`communication solutions utilizing H.264 High Profile, such as, for example, the Polycom
`
`RealPresence Experience High Definition (RPX HD 200 & 400 Series) including the
`
`Polycom RPX HD 204M, RPX HD 208M, RPX HD 210M, RPX HD 218M, RPX HD
`
`408M, RPX HD 418M, RPX HD 428M; the Polycom HDX Series including the Polycom
`
`HDX 9000, Polycom HDX 8000, Polycom HDX 7000, Polycom HDX 6000, Polycom
`
`HDX 4000, Polycom HDX 4500, Polycom HDX 4002, Polycom HDX 4001, Polycom
`
`HDX Packaged Solutions, Polycom HDX Executive Collection, Polycom HDX Media
`
`Center, Polycom EagleEye Director, Polycom Eagle Eye IV, Polycom Touch Control
`
`interface, Polycom VisualBoard Technology; the Polycom Open Telepresence
`
`Experience (OTX) including the Polycom OTX 100 and Polycom OTX 300; the Polycom
`
`
`
`3
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 4 of 87
`
`RealPresence Series including the Polycom RealPresence Desktop, Polycom
`
`RealPresence Mobile for Android, Polycom RealPresence Medialign, Polycom
`
`RealPresence Immersive Studio, Polycom RealPresence Immersive Studio Flex, Polycom
`
`RealPresence Clarity, Polycom RealPresence Group 310, Polycom RealPresence Group
`
`500, Polycom RealPresence Group 700; the Polycom RMX Media Platforms including
`
`the Polycom RMX v7.0 with MPMx modules, Polycom RMX 1000 platform, Polycom
`
`RMX 1500 platform, Polycom RMX 2000 platform and Polycom RMX 4000 platform;
`
`the Polycom ATX Series including the Polycom ATX 300; the Polycom TPX Series
`
`including the Polycom TPX HD 306M (3-screens); the Polycom QDX Series including
`
`the Polycom QDX 6000; the Polycom CX Series including the Polycom CX5000 and
`
`Polycom CX7000; the Polycom VVX Series including the Polycom VVX 1500D; the
`
`Polycom load balancers e.g. the Polycom DMA 7000; the Polycom desktop video
`
`infrastructure or servers e.g. the Polycom CMA 4000 and Polycom CMA 5000; the
`
`Polycom firewall traversal infrastructure including the Polycom VBP ST and E models
`
`including the Polycom VBP 200 E, Polycom VBP 200EW, Polycom VBP 4300 Series
`
`(including the Polycom VBP 4350E and Polycom VBP 4350E-3), the Polycom 5300
`
`Series (including the Polycom 5300E, Polycom 5300ST, Polycom VBP T5300-E10,
`
`Polycom VBP T3500-E25, Polycom VBP T5300-ST10 and Polycom VBP T5300-ST25),
`
`the Polycom 6400 Series (including the Polycom 6400E, Polycom 6400ST, Polycom
`
`VBP 6400-E85 and Polycom VBP 6400-ST85); and other Polycom infrastructure e.g. the
`
`Polycom RSS 2000 and Polycom RSS 4000, the Polycom VVX Business Media Phones
`
`and the Polycom VVX Camera, the Polycom Trio Family of conference phones including
`
`
`
`4
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 5 of 87
`
`the Polycom Trio 8500 and Polycom Trio 8800, and all versions and variations thereof
`
`since the issuance of the ’046 patent (“Accused Instrumentalities”).
`
`9.
`
`For example, the Accused Instrumentalities utilize the H.264 video
`
`compression standard, or H.264 High Profile. According to an official press release from
`
`Polycom on the Polycom website dated February 16, 2010, Polycom “the global leader in
`
`telepresence, video and voice communication solutions, today announced support for a
`
`breakthrough, standards-based video compression technology, H.264 High profile, that
`
`will reduce the bandwidth requirements for high-definition (HD) telepresence and
`
`standard definition (SD) video conferencing by as much as 50 percent, representing
`
`substantial network bandwidth cost savings for customers…Support for H.264 High
`
`Profile on Polycom HDX room and personal telepresence systems is planned for April.
`
`Polycom also plans to support H.264 High Profile across its visual communication
`
`infrastructure and recording and streaming solutions, and across its immersive
`
`telepresence solutions in the coming months.” See “Polycom Delivers Breakthrough
`
`Video Quality Innovation That Cuts Telepresence Bandwidth Requirements in Half,”
`
`Feb. 16, 2010, http://www.polycom.com/company/news/press-
`
`releases/2010/20100216.html (emphasis added).
`
`10.
`
`Furthermore, this website from the official Polycom site advertising their
`
`“Polycom HDX Series” states under “Overview”: “Flexible, cost-effective, high-
`
`definition communications from low bandwidths using standards-based H.264 High
`
`Profile Technology” and under “Technical Overview”: H.264 High Profile support.” See
`
`http://www.polycom.com/products-services/hd-telepresence-video-
`
`conferencing/realpresence-room/realpresence-room-hdx-series.html:
`
`
`
`5
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 6 of 87
`
`
`
`11.
`
`The first page of this data sheet also states that the Polycom RealPresence
`
`Experience High Definition (RPX HD 200 & 400 Series) supports a “H.264 video codec
`
`with H.239 People+Content” and “H.264 and H.263 Video Error Concealment”. See
`
`http://supportdocs.polycom.com/PolycomService/support/global/documents/support/tech
`
`nical/products/video/rpx_hd_technical_specs.pdf:
`
`
`
`6
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 7 of 87
`
`
`
`12.
`
`In addition, the first page of this data sheet states that the Polycom Open
`
`Telepresence Experience OTX 100 supports “H. 264 / H. 264 High Profile” for its “Video
`
`codec”
`
`and
`
`one
`
`of
`
`its
`
`“Video
`
`and Audio
`
`Specifications.”
`
`See
`
`http://support.polycom.com/global/documents/support/technical/products/video/otx100_t
`
`echnical_specifications.pdf:
`
`
`
`7
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 8 of 87
`
`
`
`13. Moreover, the firm of Wainhouse Research (“WR”) was retained by
`
`Polycom “to conduct a third-party evaluation of the user experience provided by Polycom’s
`
`implementation of High Profile within the H.264 video compression standard. Specifically,
`
`WR was asked to verify the ability to reduce call speed while maintaining video resolution
`
`and call quality by using H.264 High Profile…To facilitate the evaluation, Polycom
`
`provided WR with four (4) HDX 8000 videoconferencing systems with 1080p capable
`
`cameras. WR then created two parallel test environments – the first using H.264 Baseline
`
`Profile (BP) video compression, and the second using H.264 High Profile (HP).” See
`
`http://cp.wainhouse.com/download/1440/wrplatinum.com_Downloads_11977.pdf?redire
`
`ct=node/1218. Thus, it is clear that at least Polycom’s HDX 8000 videoconferencing
`
`systems use the H.264 video compression standard.
`
`
`
`8
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 9 of 87
`
`
`
`14.
`
`A third-party vendor of Polycom products also lists on a page entitled
`
`“H.264/SVC Complaint Video Conferencing Products” various Polycom products
`
`including the Polycom RealPresence Desktop and RealPresence Groups 310, 500 and 700.
`
`The site also adds that the “Polycom…products listed here comply with H.264/SVC”. See
`
`http://www.c21video.com/vcsvc.html:
`
`
`
`
`
`
`
`9
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 10 of 87
`
`15.
`
`Polycom also actively advertises H.264 High Profile capabilities (claiming
`
`that “Polycom is the first to bring [H.264 High Profile] to market”) in various products
`
`such as the Polycom HDX Series, Immersive Telepresence H.264 in its RPX, OTX, ATX
`
`and TPX Series, and Polycom RMX H.264 High Profile in its RMX 1500, 2000 and 4000
`
`platforms
`
`(for
`
`Polycom
`
`RMX
`
`v.7.0 with MPMx modules).
`
`See
`
`http://www.adeoproav.it/site/adeogroup54_webprofessional_it/allegati/high-profile-
`
`overview.pptx:
`
`
`
`
`
`
`
`
`
`
`
`
`
`10
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 11 of 87
`
`16.
`
`The Accused Instrumentalities determine a parameter of at least a portion
`
`of a video data block. As shown below, examples of such parameters include bitrate (or
`
`max video bitrate) and resolution parameters. Different parameters correspond with
`
`different end applications. H.264 provides for multiple different ranges of such parameters,
`
`each included in the “profiles” and “levels” defined by the H.264 standard. See
`
`http://www.axis.com/files/whitepaper/wp_h264_31669_en_0803_lo.pdf at 5:
`
`See https://en.wikipedia.org/wiki/H.264/MPEG-4_AVC:
`
`
`
`
`
`11
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 12 of 87
`
`
`
`17.
`
`A video data block is organized by the group of pictures (GOP) structure,
`
`which is a “collection of successive pictures within a coded video stream.” See
`
`https://en.wikipedia.org/wiki/Group_of_pictures. A GOP structure can contain intra
`
`coded pictures (I picture or I frame), predictive coded pictures (P picture or P frame),
`
`bipredictive coded pictures (B picture or B frame) and direct coded pictures (D picture or
`
`D frames, or DC direct coded pictures which are used only in MPEG-1 video). See
`
`https://en.wikipedia.org/wiki/Video_compression_picture_types (for descriptions of I
`
`frames, P frames and B frames); https://en.wikipedia.org/wiki/MPEG-1#D-frames (for
`
`descriptions of D frames). Thus, at least a portion of a video data block would also make
`
`up a GOP structure and could also contain I frames, P frames, B frames and/or D frames.
`
`The GOP structure also reflects the size of a video data block, and the GOP structure can
`
`be controlled and used to fine-tune other parameters (e.g. bitrate, max video bitrate and
`
`resolution parameters) or even be considered as a parameter by itself.
`
`
`
`12
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 13 of 87
`
`18.
`
`Based on the bitrate and/or resolution parameter identified (e.g. bitrate,
`
`max video bitrate, resolution, GOP structure or frame type within a GOP structure), any
`
`H.264-compliant system such as the Accused Instrumentalities would determine which
`
`profile (e.g., “baseline,” “extended,” “main”, or “high”) corresponds with that parameter,
`
`then select between at least two asymmetric compressors. If baseline or extended is the
`
`corresponding profile, then the system will select a Context-Adaptive Variable Length
`
`Coding (“CAVLC”) entropy encoder. If main or high is the corresponding profile, then
`
`the system will select a Context-Adaptive Binary Arithmetic Coding (“CABAC”) entropy
`
`encoder. Both encoders are asymmetric compressors because it takes a longer period of
`
`time for them to compress data than to decompress data. See
`
`https://sonnati.wordpress.com/2007/10/29/how-h-264-works-part-ii/:
`
`
`
`
`
`13
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 14 of 87
`
` See http://web.cs.ucla.edu/classes/fall03/cs218/paper/H.264_MPEG4_Tutorial.pdf at 7:
`
`
`
`Moreover, the H.264 Standard requires a bit-flag descriptor, which is set to determine the
`
`correct decoder for the corresponding encoder. As shown below, if the flag = 0, then
`
`CAVLC must have been selected as the encoder; if the flag = 1, then CABAC must have
`
`been selected as the encoder. See https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-
`
`REC-H.264-201304-S!!PDF-E&type=items (Rec. ITU-T H.264 (04/2013)) at 80:
`
`19.
`
`The Accused Instrumentalities compress the at least the portion of the data
`
`block with the selected one or more asymmetric compressors to provide one or more
`
`compressed data blocks, which can be organized in a GOP structure (see above). After its
`
`
`
`
`
`14
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 15 of 87
`
`selection, the asymmetric compressor (CAVLC or CABAC) will compress the video data
`
`to provide various compressed data blocks, which can also be organized in a GOP structure.
`
`See https://sonnati.wordpress.com/2007/10/29/how-h-264-works-part-ii/:
`
`See
`
`http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.602.1581&rep=rep1&type=pdf
`
`at 13:
`
`
`
`See http://www.ijera.com/papers/Vol3_issue4/BM34399403.pdf at 2:
`
`
`
`
`
`
`
`15
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 16 of 87
`
`20.
`
`From above, and on information and belief, Polycom has directly
`
`infringed and continues to infringe the ’046 patent, for example, through its own use and
`
`testing of the Accused Instrumentalities, which when used, practices the system claimed
`
`by Claim 40 of the ’046 patent, namely, a system, comprising: a data compression system
`
`for compressing and decompressing data input; a plurality of compression routines
`
`selectively utilized by the data compression system, wherein a first one of the plurality of
`
`compression routines includes a first compression algorithm and a second one of the
`
`plurality of compression routines includes a second compression algorithm; and a
`
`controller for tracking throughput and generating a control signal to select a compression
`
`routine based on the throughput, wherein said tracking throughput comprises tracking a
`
`number of pending access requests to a storage device; and wherein when the controller
`
`determines that the throughput falls below a predetermined throughput threshold, the
`
`controller commands the data compression engine to use one of the plurality of
`
`compression routines to provide a faster rate of compression so as to increase the
`
`throughput. Upon information and belief, Polycom uses the Accused Instrumentalities to
`
`practice infringing methods for its own internal non-testing business purposes, while
`
`testing the Accused Instrumentalities, and while providing technical support and repair
`
`services for the Accused Instrumentalities to their customers.
`
`21.
`
`On information and belief, the Accused Instrumentalities store at least a
`
`portion of the one or more compressed data blocks in buffers, hard disk, or other forms of
`
`memory/storage.
`
`
`
`16
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 17 of 87
`
`22.
`
`On information and belief, Polycom also directly infringes and continues
`
`to infringe other claims of the ’046 patent, for similar reasons as explained above with
`
`respect to Claim 40 of the ’046 patent.
`
`23.
`
`On information and belief, all of the Accused Instrumentalities perform the
`
`claimed methods in substantially the same way, e.g., in the manner specified in the H.264
`
`standard.
`
`24.
`
`On information and belief, use of the Accused Instrumentalities in their
`
`ordinary and customary fashion results in infringement of the systems and/or methods
`
`claimed by the ’046 patent.
`
`25.
`
`On information and belief, Polycom has had knowledge of the ’046 patent
`
`since at least the filing of this Complaint or shortly thereafter, and on information and belief,
`
`Polycom knew of the ’046 patent and knew of its infringement, including by way of this
`
`lawsuit. By the time of trial, Polycom will have known and intended (since receiving such
`
`notice) that its continued actions would actively induce and contribute to the infringement
`
`of the claims of the ’046 patent.
`
`26.
`
`Upon information and belief, Polycom’s affirmative acts of making, using,
`
`and selling the Accused Instrumentalities, and providing implementation services and
`
`technical support to users of the Accused Instrumentalities, including, e.g., through training,
`
`demonstrations, brochures, installation and user guides, have induced and continue to
`
`induce users of the Accused Instrumentalities to use them in their normal and customary
`
`way to infringe the ’046 patent by practicing a system, comprising: a data compression
`
`system for compressing and decompressing data input; a plurality of compression routines
`
`selectively utilized by the data compression system, wherein a first one of the plurality of
`
`
`
`17
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 18 of 87
`
`compression routines includes a first compression algorithm and a second one of the
`
`plurality of compression routines includes a second compression algorithm; and a
`
`controller for tracking throughput and generating a control signal to select a compression
`
`routine based on the throughput, wherein said tracking throughput comprises tracking a
`
`number of pending access requests to a storage device; and wherein when the controller
`
`determines that the throughput falls below a predetermined throughput threshold, the
`
`controller commands the data compression engine to use one of the plurality of
`
`compression routines to provide a faster rate of compression so as to increase the
`
`throughput. For example, Polycom adopted H.264 (e.g. its H.264 High Profile) in its
`
`telepresence, videoconference as well as video and voice communication solutions. For
`
`similar reasons, Polycom also induces their customers to use the Accused Instrumentalities
`
`to infringe other claims of the ’046 patent. Polycom specifically intended and were aware
`
`that these normal and customary activities would infringe the ’046 patent. Polycom
`
`performed the acts that constitute induced infringement, and would induce actual
`
`infringement, with the knowledge of the ’046 patent and with the knowledge, or willful
`
`blindness to the probability, that the induced acts would constitute infringement. On
`
`information and belief, Polycom engaged in such inducement to promote the sales of the
`
`Accused Instrumentalities. Accordingly, Polycom has induced and continues to induce
`
`users of the Accused Instrumentalities to use the Accused Instrumentalities in their
`
`ordinary and customary way to infringe the ’046 patent, knowing that such use constitutes
`
`infringement of the ’046 patent. Accordingly, Polycom has been, and currently is, inducing
`
`infringement of the ’046 patent, in violation of 35 U.S.C. § 271(b).
`
`
`
`18
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 19 of 87
`
`27.
`
`Polycom has also infringed, and continues to infringe, claims of the ’046
`
`patent by offering to commercially distribute, commercially distributing, making, and/or
`
`importing the Accused Instrumentalities, which are used in practicing the process, or using
`
`the systems, of the ’046 patent, and constitute a material part of the invention. Polycom
`
`knows the components in the Accused Instrumentalities to be especially made or especially
`
`adapted for use in infringement of the ’046 patent, not a staple article, and not a commodity
`
`of commerce suitable for substantial noninfringing use. Accordingly, Polycom has been,
`
`and currently is, contributorily infringing the ’046 patent, in violation of 35 U.S.C. § 271(c).
`
`28.
`
`By making, using, offering for sale, selling and/or importing into the United
`
`States the Accused Instrumentalities, and touting the benefits of using the Accused
`
`Instrumentalities’ compression features, Polycom has injured Realtime and is liable to
`
`Realtime for infringement of the ’046 patent pursuant to 35 U.S.C. § 271.
`
`29.
`
`As a result of Polycom’s infringement of the ’046 patent, Plaintiff
`
`Realtime is entitled to monetary damages in an amount adequate to compensate for
`
`Polycom’s infringement, but in no event less than a reasonable royalty for the use made
`
`of the invention by Polycom, together with interest and costs as fixed by the Court.
`
`COUNT II
`
`INFRINGEMENT OF U.S. PATENT NO. 8,929,442
`
`30.
`
`Plaintiff re-alleges and incorporates by reference the foregoing paragraphs,
`
`as if fully set forth herein.
`
`31.
`
`Plaintiff Realtime is the owner by assignment of United States Patent No.
`
`8,929,442 (“the ‘442 patent”) entitled “System and method for video and audio data
`
`distribution.” The ‘442 patent was duly and legally issued by the United States Patent
`
`
`
`19
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 20 of 87
`
`and Trademark Office on January 6, 2015. A true and correct copy of the ‘442 patent is
`
`included as Exhibit B.
`
`32.
`
`On information and belief, Polycom has made, used, offered for sale, sold
`
`and/or imported into the United States products that infringe the ’442 patent, and
`
`continues to do so. By way of illustrative example, these infringing products include,
`
`without limitation, Polycom’s telepresence, videoconferencing as well as video and voice
`
`communication solutions utilizing H.264 High Profile, such as, for example, the Polycom
`
`RealPresence Experience High Definition (RPX HD 200 & 400 Series) including the
`
`Polycom RPX HD 204M, RPX HD 208M, RPX HD 210M, RPX HD 218M, RPX HD
`
`408M, RPX HD 418M, RPX HD 428M; the Polycom HDX Series including the Polycom
`
`HDX 9000, Polycom HDX 8000, Polycom HDX 7000, Polycom HDX 6000, Polycom
`
`HDX 4000, Polycom HDX 4500, Polycom HDX 4002, Polycom HDX 4001, Polycom
`
`HDX Packaged Solutions, Polycom HDX Executive Collection, Polycom HDX Media
`
`Center, Polycom EagleEye Director, Polycom Eagle Eye IV, Polycom Touch Control
`
`interface, Polycom VisualBoard Technology; the Polycom Open Telepresence
`
`Experience (OTX) including the Polycom OTX 100 and Polycom OTX 300; the Polycom
`
`RealPresence Series including the Polycom RealPresence Desktop, Polycom
`
`RealPresence Mobile for Android, Polycom RealPresence Medialign, Polycom
`
`RealPresence Immersive Studio, Polycom RealPresence Immersive Studio Flex, Polycom
`
`RealPresence Clarity, Polycom RealPresence Group 310, Polycom RealPresence Group
`
`500, Polycom RealPresence Group 700; the Polycom RMX Media Platforms including
`
`the Polycom RMX v7.0 with MPMx modules, Polycom RMX 1000 platform, Polycom
`
`RMX 1500 platform, Polycom RMX 2000 platform and Polycom RMX 4000 platform;
`
`
`
`20
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 21 of 87
`
`the Polycom ATX Series including the Polycom ATX 300; the Polycom TPX Series
`
`including the Polycom TPX HD 306M (3-screens); the Polycom QDX Series including
`
`the Polycom QDX 6000; the Polycom CX Series including the Polycom CX5000 and
`
`Polycom CX7000; the Polycom VVX Series including the Polycom VVX 1500D; the
`
`Polycom load balancers e.g. the Polycom DMA 7000; the Polycom desktop video
`
`infrastructure or servers e.g. the Polycom CMA 4000 and Polycom CMA 5000; the
`
`Polycom firewall traversal infrastructure including the Polycom VBP ST and E models
`
`including the Polycom VBP 200 E, Polycom VBP 200EW, Polycom VBP 4300 Series
`
`(including the Polycom VBP 4350E and Polycom VBP 4350E-3), the Polycom 5300
`
`Series (including the Polycom 5300E, Polycom 5300ST, Polycom VBP T5300-E10,
`
`Polycom VBP T3500-E25, Polycom VBP T5300-ST10 and Polycom VBP T5300-ST25),
`
`the Polycom 6400 Series (including the Polycom 6400E, Polycom 6400ST, Polycom
`
`VBP 6400-E85 and Polycom VBP 6400-ST85); and other Polycom infrastructure e.g. the
`
`Polycom RSS 2000 and Polycom RSS 4000, the Polycom VVX Business Media Phones
`
`and the Polycom VVX Camera, the Polycom Trio Family of conference phones including
`
`the Polycom Trio 8500 and Polycom Trio 8800, and all versions and variations thereof
`
`since the issuance of the ’442 patent (“Accused Instrumentalities”).
`
`33.
`
`For example, the Accused Instrumentalities utilize the H.264 video
`
`compression standard, or H.264 High Profile. According to an official press release from
`
`Polycom on the Polycom website dated February 16, 2010, Polycom “the global leader in
`
`telepresence, video and voice communication solutions, today announced support for a
`
`breakthrough, standards-based video compression technology, H.264 High profile, that
`
`will reduce the bandwidth requirements for high-definition (HD) telepresence and
`
`
`
`21
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 22 of 87
`
`standard definition (SD) video conferencing by as much as 50 percent, representing
`
`substantial network bandwidth cost savings for customers…Support for H.264 High
`
`Profile on Polycom HDX room and personal telepresence systems is planned for April.
`
`Polycom also plans to support H.264 High Profile across its visual communication
`
`infrastructure and recording and streaming solutions, and across its immersive
`
`telepresence solutions in the coming months.” See “Polycom Delivers Breakthrough
`
`Video Quality Innovation That Cuts Telepresence Bandwidth Requirements in Half,”
`
`Feb. 16, 2010, http://www.polycom.com/company/news/press-
`
`releases/2010/20100216.html (emphasis added).
`
`34.
`
`Furthermore, this website from the official Polycom site advertising their
`
`“Polycom HDX Series” states under “Overview”: “Flexible, cost-effective, high-
`
`definition communications from low bandwidths using standards-based H.264 High
`
`Profile Technology” and under “Technical Overview”: H.264 High Profile support.” See
`
`http://www.polycom.com/products-services/hd-telepresence-video-
`
`conferencing/realpresence-room/realpresence-room-hdx-series.html:
`
`
`
`22
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 23 of 87
`
`
`
`
`
`35.
`
`The first page of this data sheet also states that the Polycom RealPresence
`
`Experience High Definition (RPX HD 200 & 400 Series) supports a “H.264 video codec
`
`with H.239 People+Content” and “H.264 and H.263 Video Error Concealment”. See
`
`http://supportdocs.polycom.com/PolycomService/support/global/documents/support/tech
`
`nical/products/video/rpx_hd_technical_specs.pdf:
`
`
`
`
`
`
`
`23
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 24 of 87
`
`36.
`
`In addition, the first page of this data sheet states that the Polycom Open
`
`Telepresence Experience OTX 100 supports “H. 264 / H. 264 High Profile” for its “Video
`
`codec”
`
`and
`
`one
`
`of
`
`its
`
`“Video
`
`and Audio
`
`Specifications.”
`
`See
`
`http://support.polycom.com/global/documents/support/technical/products/video/otx100_t
`
`echnical_specifications.pdf:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`24
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 25 of 87
`
`
`
`37. Moreover, the firm of Wainhouse Research (“WR”) was retained by
`
`Polycom “to conduct a third-party evaluation of the user experience provided by Polycom’s
`
`implementation of High Profile within the H.264 video compression standard. Specifically,
`
`WR was asked to verify the ability to reduce call speed while maintaining video resolution
`
`and call quality by using H.264 High Profile…To facilitate the evaluation, Polycom
`
`provided WR with four (4) HDX 8000 videoconferencing systems with 1080p capable
`
`cameras. WR then created two parallel test environments – the first using H.264 Baseline
`
`Profile (BP) video compression, and the second using H.264 High Profile (HP).” See
`
`http://cp.wainhouse.com/download/1440/wrplatinum.com_Downloads_11977.pdf?redire
`
`ct=node/1218. Thus, it is clear that at least Polycom’s HDX 8000 videoconferencing
`
`systems use the H.264 video compression standard.
`
`
`
`25
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 26 of 87
`
`38.
`
`A third-party vendor of Polycom products also lists on a page entitled
`
`“H.264/SVC Complaint Video Conferencing Products” various Polycom products
`
`including the Polycom RealPresence Desktop and RealPresence Groups 310, 500 and 700.
`
`The site also adds that the “Polycom…products listed here comply with H.264/SVC”. See
`
`http://www.c21video.com/vcsvc.html:
`
`
`
`
`
`39.
`
`Polycom also actively advertises H.264 High Profile capabilities (claiming
`
`that “Polycom is the first to bring [H.264 High Profile] to market”) in various products
`
`such as the Polycom HDX Series, Immersive Telepresence H.264 in its RPX, OTX, ATX
`
`and TPX Series, and Polycom RMX H.264 High Profile in its RMX 1500, 2000 and 4000
`
`platforms
`
`(for
`
`Polycom
`
`RMX
`
`v.7.0 with MPMx modules).
`
`See
`
`
`
`26
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 27 of 87
`
`http://www.adeoproav.it/site/adeogroup54_webprofessional_it/allegati/high-profile-
`
`overview.pptx:
`
`
`
`
`
`
`
`40.
`
`The Accused Instrumentalities determine a parameter of at least a portion
`
`of a video data block. As shown below, examples of such parameters include bitrate (or
`
`max video bitrate) and resolution parameters. Different parameters correspond with
`
`different end applications. H.264 provides for multiple different ranges of such parameters,
`
`each included in the “profiles” and “levels” defined by the H.264 standard. See
`
`http://www.axis.com/files/whitepaper/wp_h264_31669_en_0803_lo.pdf at 5:
`
`
`
`27
`
`
`
`Case 1:17-cv-02692-RBJ Document 1 Filed 11/10/17 USDC Colorado Page 28 of 87
`
`
`
`
`
`See https://en.wikipedia.org/wiki/H.264/MPEG-4_AVC:
`
`41.
`
`A video data block is organized
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
