Case 2:22-cv-11769-TGB ECF No. 1, PageID.1 Filed 07/15/22 Page 1 of 37
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`JACKSONVILLE DIVISION
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`Plaintiff,
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`v.
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`NEO WIRELESS LLC,
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`MERCEDES-BENZ USA, LLC,
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`§
`§
`§
`§
`§
`§
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`§
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`Civil Action No. 3:22-cv-00780
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`JURY TRIAL DEMANDED
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`
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`Defendant.
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`PLAINTIFF NEO WIRELESS LLC’S
`COMPLAINT FOR PATENT INFRINGEMENT
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`Neo Wireless LLC (“Neo Wireless,” “Neo,” or “Plaintiff”), brings this action
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`for patent infringement under 35 U.S.C. § 271 against Defendant Mercedes-Benz
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`USA, LLC (“Mercedes” or “Defendant”). Plaintiff alleges, based upon its own
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`personal knowledge with respect to its own actions and based upon information and
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`belief with respect to all others’ actions, as follows:
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`THE PARTIES
`Plaintiff Neo Wireless LLC is a Delaware corporation with its principal
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`1.
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`place of business located in Wayne, Pennsylvania.
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`JACKSONVILLE DIVISION
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`
`
`
`
`Plaintiff,
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`
`
`v.
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`NEO WIRELESS LLC,
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`
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`MERCEDES-BENZ USA, LLC,
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`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`Civil Action No. 3:22-cv-00780
`
`JURY TRIAL DEMANDED
`
`
`
`Defendant.
`
`PLAINTIFF NEO WIRELESS LLC’S
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Neo Wireless LLC (“Neo Wireless,” “Neo,” or “Plaintiff”), brings this action
`
`for patent infringement under 35 U.S.C. § 271 against Defendant Mercedes-Benz
`
`USA, LLC (“Mercedes” or “Defendant”). Plaintiff alleges, based upon its own
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`personal knowledge with respect to its own actions and based upon information and
`
`belief with respect to all others’ actions, as follows:
`
`THE PARTIES
`Plaintiff Neo Wireless LLC is a Delaware corporation with its principal
`
`1.
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`place of business located in Wayne, Pennsylvania.
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`1
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.2 Filed 07/15/22 Page 2 of 37
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`2.
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`On information and belief, Defendant Mercedes-Benz USA, LLC is a
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`business entity organized and existing under the laws of the state of Delaware with
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`its principal place of business at 1 Mercedes Benz Dr., Sandy Springs, Georgia
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`30328-4312. Mercedes may be served through its registered agent, CT Corporation
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`System, 1999 Bryan St., Ste. 900, Dallas, TX 75201-3136.
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`JURISDICTION AND VENUE
`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
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`Subject matter jurisdiction is proper in this Court under 28 U.S.C.
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`3.
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`4.
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`§§ 1331 and 1338(a).
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`5.
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`Venue in this District is proper under 28 U.S.C. § 1391 and 28 U.S.C.
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`§ 1400(b) against Mercedes because, on information and belief, Mercedes (1) has
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`committed acts of infringement in this District and (2) has a regular and established
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`place of business in this District.
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`6.
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`This Court has personal jurisdiction over Mercedes. Mercedes has
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`continuous and systematic business contacts with the State of Florida. Specifically,
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`Mercedes conducts business in, has committed acts of patent infringement in, and
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`has induced acts of patent infringement by others in this District, the State of Florida,
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`and elsewhere in the United States.
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`7. Mercedes, directly and through subsidiaries or intermediaries, has
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`committed and continues to commit acts of infringement in this District by, among
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`2
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.3 Filed 07/15/22 Page 3 of 37
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`other things, designing, developing, manufacturing, importing, offering to sell, and
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`selling products that infringe the Asserted Patents at, at least, the Southern Region
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`MBUSA Sales Office, Parts Distribution Center, Quality Evaluation Center, and
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`Learning & Performance Center in Jacksonville, Florida.1
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`8. Mercedes does and intends to do business in Florida and in this District,
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`directly or through intermediaries, and offers and intends to offer its products and/or
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`services, including those accused herein of infringement, to customers and potential
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`customers located in Florida and in this District.
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`9. Mercedes, both directly and through its subsidiaries or intermediaries
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`(including distributors, retailers, and others), has purposefully and voluntarily placed
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`one or more infringing products and/or services, as described below, into the stream
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`of commerce with the expectation that those products will be purchased and used by
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`customers and/or consumers in this State and in the Middle District of Florida.
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`10. Mercedes further maintains facilities throughout the State of Florida,
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`including at least the Engineering Services Quality Evaluation Center at 13470
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`International Pkwy, Jacksonville, Florida 32218; Learning and Performance Center
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`at 13470 International Pkwy, Jacksonville, Florida 32218; Parts Distribution Center
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`1 See https://media.mbusa.com/releases/release-b07cd74bf472407914cef9004c25331f-Mercedes-
`Benz-USA-Opens-Major-Facility-in-Jacksonville-Florida.
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`3
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.4 Filed 07/15/22 Page 4 of 37
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`at 13470 International Pkwy, Jacksonville, Florida 32218; and Southern Region
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`MBUSA Sales Office 13470 International Pkwy, Jacksonville, Florida 32218.2
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`11. The Jacksonville, Florida Engineering Services Quality Evaluation
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`Center evaluates and researches vehicles and parts, including, on information and
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`belief, research and development related to the accused instrumentalities in the
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`Accused Products.3 This center is one of two operational units of its kind outside of
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`Germany.4
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`12. The Jacksonville, Florida Learning and Performance center is a state-
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`of-the-art training facility for dealership and Mercedes personnel.5
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`13. The Jacksonville, Florida Parts Distribution Center supplies parts for
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`over eighty Mercedes dealerships in the Southeast United States, making up about
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`20% of Mercedes’s overall parts inventory in the United States and shipping over
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`two million lines annually.6
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`2 See https://group.mercedes-benz.com/careers/about-us/locations/location-detail-page-
`329625.html; https://group.mercedes-benz.com/careers/about-us/locations/location-detail-page-
`329619.html; https://group.mercedes-benz.com/careers/about-us/locations/location-detail-page-
`329620.html; https://group.mercedes-benz.com/careers/about-us/locations/location-detail-page-
`329628.html.
`3 See https://group.mercedes-benz.com/careers/about-us/locations/location-detail-page-
`329625.html.
`4 See id.
`5 See https://group.mercedes-benz.com/careers/about-us/locations/location-detail-page-
`329619.html.
`6 See https://group.mercedes-benz.com/careers/about-us/locations/location-detail-
`page-329620.html.
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`4
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.5 Filed 07/15/22 Page 5 of 37
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`14. The Jacksonville, Florida Southern Region MBUSA Sales Office is
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`responsible for fixed operations and marketing initiatives for 120 Mercedes
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`dealerships across twelve different states.7
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`15. Mercedes has been and continues to make, use, sell, offer for sale,
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`assemble, purchase, and import infringing products and/or services within the
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`Middle District of Florida.
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`16. Mercedes has placed the Accused Products into the stream of
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`commerce by selling and/or offering to sell the Accused Products in the Middle
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`District of Florida, shipping Accused Products into the Middle District of Florida,
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`and/or shipping Accused Products knowing that those products would be shipped
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`into the Middle District of Florida.
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`THE ASSERTED PATENTS
`The ’366 Patent
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`I.
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`17. On June 18, 2013, the United States Patent and Trademark Office duly
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`and legally issued U.S. Patent No. 8,467,366 (“the ’366 patent”), entitled “Methods
`
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`7 See https://group.mercedes-benz.com/careers/about-us/locations/location-detail-page-
`329628.html.
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`5
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.6 Filed 07/15/22 Page 6 of 37
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`and Apparatus for Random Access in Multi-Carrier Communication Systems.” A
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`copy of the ’366 patent is attached as Exhibit 1.
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`18. The ’366 patent issued from U.S. Patent Application 13/205,579, which
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`was filed by Neocific Inc. on August 8, 2011 on behalf of the inventors. The now-
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`issued ’366 patent was assigned from Neocific, Inc. to CFIP NCF LLC on November
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`22, 2019 before it was assigned to Neo Wireless LLC on January 23, 2020.
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`19. The ’366 patent is valid and enforceable.
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`II. The ’908 Patent
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`20. On November 11, 2020, the United States Patent and Trademark Office
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`duly and legally issued U.S. Patent No. 10,833,908 (“the ’908 patent”), entitled
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`“Channel Probing Signal for a Broadband Communication System.” A copy of the
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`’908 patent is attached as Exhibit 2.
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`21. The ’908 patent issued from U.S. Patent Application 16/902,740, which
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`was filed on June 16, 2020 by Neo Wireless LLC on behalf of the inventors.
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`22. The ’908 patent is valid and enforceable.
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`III. The ’941 Patent
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`23. On September 11, 2018, the United States Patent and Trademark Office
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`duly and legally issued U.S. Patent No. 10,075,941 (“the ’941 patent”), entitled
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`“Methods and Apparatus for Multi-Carrier Communications With Adaptive
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`Transmission and Feedback.” A copy of the ’941 patent is attached as Exhibit 3.
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`6
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.7 Filed 07/15/22 Page 7 of 37
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`24. The ’941 patent issued from U.S. Patent Application 15/082,878, which
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`filed by Neocific, Inc. on March 28, 2016. The now-issued ’941 patent was assigned
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`from Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was assigned
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`to Neo Wireless LLC on January 23, 2020.
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`25. The ’941 patent is valid and enforceable.
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`IV. The ’450 Patent
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`26. On October 15, 2019, the United States Patent and Trademark Office
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`duly and legally issued U.S. Patent No. 10,447,450 (“the ’450 patent”), entitled
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`“Method and System for Multi-Carrier Packet Communication with Reduced
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`Overhead.” A copy of the ’450 patent is attached as Exhibit 4.
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`27. The ’450 patent issued from U.S. Patent Application 15/676,421, which
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`was filed by Neocific, Inc. on August 14, 2017. The now-issued ’450 patent was
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`later assigned from Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before
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`it was assigned to Neo Wireless LLC on January 23, 2020.
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`28. The ’450 patent is valid and enforceable.
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`V. The ’512 Patent
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`29. On March 30, 2021, the United States Patent and Trademark Office
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`duly and legally issued U.S. Patent No. 10,965,512 (“the ’512 patent”), entitled
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`“Method and Apparatus Using Cell-Specific and Common Pilot Subcarriers in
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`7
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.8 Filed 07/15/22 Page 8 of 37
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`multi-Carrier, Multi Cell Wireless Communication Networks.” A copy of the ’512
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`patent is attached as Exhibit 5.
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`30. The ’512 patent issued from U.S. Patent Application 17/012,813, which
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`was filed by Neo Wireless on September 4, 2020.
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`31. The ’512 patent is valid and enforceable.
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`VI. The ’302 Patent
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`32. On September 8, 2020, the United States Patent and Trademark Office
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`duly and legally issued U.S. Patent No. 10,771,302 (“the ’302 patent”), entitled
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`“Channel Probing Signal for a Broadband Communication System.” A copy of the
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`‘302 patent is attached as Exhibit 6.
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`33. The ’302 patent issued from U.S. Patent Application 15/953,950, which
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`was filed on April 16, 2018 and was assigned from Neocific, Inc. to CFIP NCF LLC
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`on November 22, 2019 before it was assigned to Neo Wireless LLC on January 23,
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`2020.
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`34. The ’302 patent is valid and enforceable.
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`35. Neo Wireless owns all rights, title, and interest in and to each of the
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`’366, ’908, ’941, ’450, ’512, and ’302 patents (the “Asserted Patents”) and possesses
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`all rights of recovery.
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`8
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.9 Filed 07/15/22 Page 9 of 37
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`FACTUAL ALLEGATIONS
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`36.
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` Inventor Xiaodong (Alex) Li, Ph.D. founded Neocific Inc. in the early
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`2000s to design, develop, and implement a new wireless communication system. He
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`and his co-inventors had extensive experience with wireless communications
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`systems, including the development of the Wi-Max standards, and a deep
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`understanding of the flaws in existing systems at the time. The inventors saw an
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`opportunity to create a new wireless communication system meant to address those
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`flaws while incorporating cutting-edge Orthogonal Frequency-Division Multiple
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`Access (OFDMA) based technologies, and, starting in the 2004-2005 timeframe,
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`they filed patents on the work.
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`37. Dr. Li served as the President and Founder of Neocific. Dr. Li obtained
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`his Ph.D. in electrical engineering from the University of Washington, his M.S. from
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`Shanghai Jiao Tong University, and his B.S. from Tsinghua University. Dr. Li has
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`authored more than 30 journal and conference papers in wireless communications,
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`video coding, and networking. He has been granted more than 100 U.S. and foreign
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`patents.
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`38. Dr. Titus Lo, Ph.D. is a founding employee of Neocific. Dr. Lo obtained
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`his Ph.D. in electrical engineering from McMaster University and his B.S. from the
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`University of British Columbia. Dr. Lo has authored more than 30 technical papers
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`9
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.10 Filed 07/15/22 Page 10 of 37
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`in international peer-reviewed journals and presented more than 50 times at industry
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`events. He has been granted more than 100 U.S. and foreign patents.
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`39. The inventions in the Asserted Patents relate to various improvements
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`in OFDMA networks and corresponding user equipment, and those improvements
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`have since been incorporated into the 3GPP standards for 4G/LTE and 5G/NR
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`networks.
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`40. Neo Wireless owns all substantial right, title, and interest in the
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`Asserted Patents, and holds the right to sue and recover damages for infringement
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`thereof.
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`41. David Loo is the CEO of Plaintiff Neo Wireless. Mr. Loo works and
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`resides in Wayne, Pennsylvania. Mr. Loo has over a decade of experience as a
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`licensing executive and patent attorney with a well-established track record of
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`assisting companies, inventors and patent holders to ensure they are fairly
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`compensated for their inventions.
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`42. The wireless communication industry has been developing rapidly
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`since Bell Labs developed the First Generation of modern commercial cellular
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`technology in 1984. Multiple wireless communication technologies designated by
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`generations emerged and brought new capacities to people all over the world. In
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`2008, 3GPP created and finalized the LTE standards as an upgrade to 3G. The
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`cellular industry recognized its major benefits, and virtually all cellular device
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`10
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.11 Filed 07/15/22 Page 11 of 37
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`manufacturers have embraced LTE as the next generation of commercial cellular
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`technology and developed phones, hotspots, and other cellular-connectivity devices
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`to utilize the 4G LTE technology.
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`43.
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`In
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`recent years, automakers have
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`implemented
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`this cellular
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`communications technology into their vehicles. For example, telematics systems
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`first debuted in 1996 through OnStar using analog cell networks, which allowed
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`consumers to receive remote diagnostics, remotely unlock vehicles, and receive
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`emergency services including aid after a collision. In 2007, 3G technology emerged
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`bringing greater speed and capacity to these features, allowing automakers to design
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`more advanced functions.
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`44. When the technology emerged, Mercedes began implementing the
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`newest 4G LTE cellular technology into many of its products. 4G LTE technology
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`provided for 10 times faster data speeds, increased responsiveness, and the ability to
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`support voice and data connections simultaneously. 4G LTE connection further
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`provided consumers with a variety of in-vehicle Wi-Fi hotspots and vast
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`entertainment options. As a result, Mercedes could better support a variety of
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`wireless features including remote start, remote lock and unlock, vehicle location
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`services, vehicle data diagnostics, navigation, In-Car Wi-Fi, etc.
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`11
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.12 Filed 07/15/22 Page 12 of 37
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`45. Mercedes provides 4G LTE connectivity in its various products via the
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`Mercedes Me Connect system integrated into the Accused Products.8
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`46. Building on these 4G LTE capabilities, Mercedes developed and
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`currently utilizes the Mercedes Me Connect app that enables its customers to interact
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`with their vehicles from their cellular devices, using the cellular connectivity of the
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`vehicles. Features on the Mercedes Me Connect app include remote start, unlocking
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`and locking the vehicle, vehicle location finder, and vehicle data diagnostics.
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`47. Mercedes models that implement 4G/LTE communications—including
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`but not limited to the GLA, GLC, GLE, GLS, G-Class, C-Class, A-Class, E-Class,
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`EQS, S-Class, CLA, and GT models —as well as those that may in the future
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`implement 4G/LTE or 5G/NR capabilities, are collectively referred to herein as the
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`“Accused Products.”
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`48. Mercedes’s Accused Products are configured to operate within 4G/LTE
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`and/or 5G/NR cellular networks and in communication with base stations and other
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`network access points. The cellular networks and base stations are interoperable and
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`implement the one or more releases of the 4G/LTE and 5G/NR standards from
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`release 8 through at least release 17. The cellular networks, including the cell-serving
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`base stations, are controlled and configured by various carriers and implemented
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`using a variety of hardware and/or software. Additionally, each base station may
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`8 See https://www.mbusa.com/en/mercedes-me-connect.
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`12
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.13 Filed 07/15/22 Page 13 of 37
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`operate differently based on the wireless conditions, location, and/or network
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`configuration.
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`49. Additionally, the communications between Mercedes’s Accused
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`Products and the serving base station include a multitude of signals back and forth
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`in normal operation, such as when establishing connections, sending and receiving
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`control information, sending and receiving reference signaling, communicating data
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`in the uplink and downlink, obtaining networks parameters, etc. And Mercedes’s
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`Accused Products do this across a potentially large range of time and locations,
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`including across a variety of base station equipment and configurations and/or
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`wireless conditions. As such, Mercedes’s Accused Products are configured to
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`operate across the various modes, formats, and schemes defined in the 4G/LTE and
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`5G/NR 3GPP standards.
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`50. As described further below and set forth in Exhibits 7–12, the Asserted
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`Patents read onto portions of the 4G/LTE or 5G/NR standards, each of which
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`Mercedes implements in its Accused Products. In particular, Mercedes and/or its
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`customers and end users must practice one or more claims from each of the Asserted
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`Patents in order to implement the 4G/LTE and/or 5G/NR standards in the Accused
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`Products. Thus, on information and belief, Mercedes’s implementation(s) of the
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`4G/LTE and/or 5G/NR standards necessarily infringes one or more claims of the
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`Asserted Patents.
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`13
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`51. Mercedes does not have any rights to the Asserted Patents.
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`52. Neo Wireless has complied with 35 U.S.C. § 287. Neo Wireless does
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`not make, offer for sale, or sell within the United States any patented article under
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`the Asserted Patents. Additionally, to the extent it was necessary, Neo Wireless
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`provided Mercedes with actual notice of its infringement prior to the filing of this
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`lawsuit, or at a minimum by the filing of this Complaint.
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`53.
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`In the interest of providing detailed averments of infringement, Neo
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`Wireless has identified below at least one claim per patent to demonstrate
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`infringement. However, the selection of claims should not be considered limiting,
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`and additional claims of the Asserted Patents (including method, system, and
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`apparatus claims) that are infringed by Mercedes will be disclosed in compliance
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`with the Court’s rules related to infringement contentions.
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`MERCEDES’S ACTS OF PATENT INFRINGEMENT
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`54. As set forth below, Mercedes’s Accused Products incorporate, without
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`any license from Neo Wireless, 4G/LTE and/or 5G/NR technology protected by
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`patents owned by Neo Wireless. Neo Wireless respectfully seeks relief from this
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`Court for Mercedes’s infringement.
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`55. Mercedes has directly infringed, and continues to directly infringe, the
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`Asserted Patents under 35 U.S.C. § 271(a) by making, using, selling and/or offering
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`to sell, in this District and elsewhere in the United States, and/or importing into this
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`14
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.15 Filed 07/15/22 Page 15 of 37
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`District and elsewhere in the United States, one or more of Mercedes’s Accused
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`Products, that is, certain infringing vehicles outfitted with instrumentalities that
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`infringe the Asserted Patents, as further described in detail in Counts I–VI infra.
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`56. Mercedes, directly or by controlling the activities of its subsidiaries,
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`makes, sells, offers for sale, uses, and imports the Accused Products in the United
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`States. And, Mercedes engages in the assembly, designing, developing, testing, and
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`manufacturing of the Accused Products sold, used, and offered for sale in the United
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`States, as well as the sales of the Accused Products.
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`57. Mercedes has indirectly infringed the Asserted Patents under 35 U.S.C.
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`§ 271(b) by actively inducing infringement by others, such as its subsidiaries,
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`dealerships, distributors, retailers, and end-user customers, by, for example,
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`implementing the infringing features in its cellular-capable products, encouraging
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`its users to take advantage of 4G/LTE and/or 5G/NR features within the United
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`States, and/or instructing, dictating, or training its dealerships and customers to use
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`the infringing features. Because it performed these acts with full knowledge of the
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`Asserted Patents and its infringement thereof, as set forth in detail below, Mercedes
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`has specifically intended others, such as its subsidiaries, dealerships, retailers, and
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`end-user customers, to infringe Neo’s Asserted Patents knowing the acts of its
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`subsidiaries, dealerships, retailers, and end-user customers constitute infringement.
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`15
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.16 Filed 07/15/22 Page 16 of 37
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`58. For example, Mercedes’s advertising, sales, design, development
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`and/or technical materials related to the 3GPP 4G/LTE and/or 5G/NR standards
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`associated with the Mercedes Accused Products contained and continue to contain
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`instructions, directions, suggestions, and/or invitations that invite, entice, lead on,
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`influence, encourage, prevail on, move by persuasion, and/or cause its subsidiaries,
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`distributors, retailers, dealerships, customers, and the public to directly infringe at
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`least one claim of each of the Asserted Patents, either literally or under the doctrine
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`of equivalents.
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`59. Mercedes has further provided
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`the above-mentioned
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`technical
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`documentation and training materials to its subsidiaries, distributors, retailers,
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`dealerships, customers, and the public that cause end users of the Accused Products
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`to utilize the products in a manner that directly infringe on one or more claims of the
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`Asserted Patents. Mercedes has engaged in such inducement to promote the sales of
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`the Accused Products (i.e. through user manuals, product support, marketing
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`materials, technical materials, and training materials) to actively induce the end users
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`of the Accused Products to infringe the Asserted Patents.
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`60. Mercedes, through its website, advertises to its customers and other
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`ends users the Mercedes Me Connect system as a means to entice sales and use of
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`the Accused Products.9 These advertisements, among others, further describe to a
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`9 See, e.g., https://www.mbusa.com/en/mercedes-me-connect.
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`16
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.17 Filed 07/15/22 Page 17 of 37
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`customer or end user how to use the infringing instrumentalities of the Accused
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`Products.
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`61. Mercedes further advertises and provides its customers and end users
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`with specifications describing the infringing instrumentalities and how they are used
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`in the Accused Products.
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`62. Mercedes took the above actions intending to cause infringing acts by
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`others.
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`63. Further, Mercedes has made, used, sold, offered to sell, imported and/or
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`encouraged the making, using, selling, offering to sell, or importing of Mercedes’s
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`Accused Products despite knowing of an objectively high likelihood that its actions
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`constituted infringement of the Asserted Patents at all times relevant to this suit.
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`Alternatively, Mercedes subjectively believed there was a high probability that
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`others would infringe the Asserted Patents but took deliberate steps to avoid
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`confirming that it was actively inducing infringement by others.
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`64. Neo sent a letter to Mercedes’s parent company on November 23, 2021,
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`which it received no later than November 26, 2021, informing Mercedes of Neo
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`Wireless’s relevant patent portfolio, including listing the Asserted Patents and how
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`the Asserted Patents cover certain 3GPP wireless standards used in Mercedes’s
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`Accused Products in an attempt to initiate commercial licensing discussions.
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`17
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.18 Filed 07/15/22 Page 18 of 37
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`65. On information and belief, Mercedes, through its parent company,
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`obtained actual knowledge of the Asserted Patents and its infringement thereof as
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`early as November 26, 2021. Mercedes continued to infringe the Asserted Patents
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`despite being given actual notice of the Asserted Patents and its infringement thereof
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`as early as November 26, 2021.
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`66.
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`In any event, Mercedes was on notice and had actual knowledge of the
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`Asserted Patents and its infringement thereof on the date of service of this
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`Complaint. Therefore, Mercedes was or is now aware of the Asserted Patents or has
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`willfully blinded itself as to the existence of the Asserted Patents and the Accused
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`Products’ infringement thereof and has deliberately and wantonly continued to
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`infringe on Neo’s patent rights.
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`67. For the reasons described above, Mercedes’s infringement of the
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`Asserted Patents has been willful and egregious.
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`68. Mercedes’s acts of infringement have caused damage to Neo Wireless.
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`Neo Wireless is entitled to recover from Mercedes the damages incurred by Neo
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`Wireless as a result of Mercedes’s wrongful acts.
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`COUNT ONE: INFRINGEMENT OF THE ’366 PATENT
`69. Neo Wireless incorporates paragraphs 2, 6–19, and 35–68 as if fully
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`restated herein.
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`18
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.19 Filed 07/15/22 Page 19 of 37
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`70. As described above, Mercedes has infringed and continues to infringe
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`the ’366 patent by implementing, using, offering for sale, and selling 4G/LTE and/or
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`5G/NR cellular functionality according to one or more 3GPP standard releases from
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`8 through 17 in the Accused Products, and performing the acts of infringement
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`described above.
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`71. Mercedes’s Accused Products are configured to operate across the
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`various modes, formats, and schemes defined in the 4G/LTE and 5G/NR 3GPP
`
`standards. Mercedes’s Accused Products are configured to operate within 4G/LTE
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`and/or 5G/NR cellular networks that are controlled and configured by various
`
`carriers and implemented using a variety of hardware and/or software. Additionally,
`
`each base station may operate differently based on the wireless conditions, location,
`
`and/or network configuration. Accordingly, Mercedes’s Accused Products are
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`configured to accommodate those differences and implement 3GPP standards
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`holistically, and do not exclude particular modes or schemes in which a serving base
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`station may be configured to operate.
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`72. Each of Mercedes’s Accused Products implements the portions of the
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`3GPP LTE standard specification that read on at least claim 1 of the ’366 patent. See
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`Ex. 7. Exhibit 7 illustrates how implementing and carrying out certain portions of
`
`the 3GPP LTE standard (“covered functionality”) requires the practicing of at least
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`claim 1 of the ’366 patent. Id. On information and belief, each portion of the standard
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`19
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`
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.20 Filed 07/15/22 Page 20 of 37
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`cited in Exhibit 7 is implemented to provide LTE functionality in the Accused
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`Products. For example, the covered functionality of the ’366 patent is present in the
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`3GPP LTE standard from the earliest release number 8 through the last LTE release
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`number 17. As further illustrated in Exhibit 7, third-party industry experts, through
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`textbooks and articles, confirm the inclusion of the covered functionality within the
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`3GPP LTE standard. Further, industry experts consulted by Neo have confirmed
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`that, based on their experience with and knowledge of the 3GPP standards and their
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`implementation, the Accused Products are configured to practice the covered
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`functionality when they provide LTE connectivity. The technology covered by claim
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`1 of the ’366 patent and reflected in the 3GPP standard portions set out in Exhibit 7
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`is a core part of communications on an LTE network, and would be required in any
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`device operating on said network. For example, the covered functionality related to
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`the random-access procedure is integral to the establishment of connections between
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`Mercedes’s Accused Products and the serving base stations for LTE networks.
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`Additionally, based on FCC filings and corroborating public information,
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`Mercedes’s Accused Products are compliant with various 3GPP LTE releases,
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`including release 8 and later releases, and are configured with the covered
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`functionalities. Finally, on information and belief, due to the features Mercedes
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`advertises as enabled by the 4G/LTE functionality, including but not limited to
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`remote connectivity and Wi-Fi internet access, Mercedes’s Accused Products
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`20
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.21 Filed 07/15/22 Page 21 of 37
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`implement the covered functionality of the 3GPP LTE standard regardless of
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`whether one or more aspects of that functionality is mandatory or optional to
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`implement the LTE standard.
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`73. Mercedes’s Accused Products therefore meet at least one claim of the
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`’366 patent.
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`74. To the extent that Mercedes releases any new version of Mercedes’s
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`Accused Products, such instrumentalities will meet the claims of the ’366 patent and
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`infringe under 35 U.S.C. § 271(a)–(b) in ways analogous to Mercedes’s current
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`infringement described above.
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`75. Neo Wireless has been damaged and continues to be damaged by
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`Mercedes’s infringement of the ’366 patent.
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`COUNT TWO: INFRINGEMENT OF THE ’908 PATENT
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`76. Neo Wireless incorporates paragraphs 2, 6–16, 20–22, and 35–68 as if
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`fully restated herein.
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`77. As described above, Mercedes has infringed and continues to infringe
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`the ’908 patent by implementing and using 4G/LTE and/or 5G/NR cellular
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`functionality according to one or more 3GPP standard releases from 8 through 17 in
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`the Accused Products, and performing the acts of infringement described above.
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`78. Mercedes’s Accused Products are configured to operate across the
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`various modes, formats, and schemes defined in the 4G/LTE and 5G/NR 3GPP
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`21
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.22 Filed 07/15/22 Page 22 of 37
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`standards. Mercedes’s Accused Products are configured to operate within 4G/LTE
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`and/or 5G/NR cellular networks that are controlled and configured by various
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`carriers and implemented using a variety of hardware and/or software. Additionally,
`
`each base station may operate differently based on the wireless conditions, location,
`
`and/or network configuration. Accordingly, Mercedes’s Accused Products are
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`configured to accommodate those differences and implement the 3GPP standards
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`holistically, and do not exclude particular modes or schemes in which a serving base
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`station may be configured to operate. For example, the Accused Products operate
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`within one or more frequency bands, including bands corresponding to more than 6
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`resource blocks, and thus, transmit a random access signal in only a portion of the
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`frequency band.
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`79. Each of Mercedes’s Accused Products implements the portions of the
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`3GPP LTE standard specification that read on at least claim 11 of the ’908 patent.
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`See Ex. 8. Exhibit 8 illustrates how implementing and carrying out certain portions
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`of the 3GPP LTE standard (“covered functionality”) require the practicing of at least
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`claim 11 of the ’908 patent. Id. On information and belief, each portion of the
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`standard cited in Exhibit 8 is implemented to provide LTE functionality in the
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`Accused Products. For example, the covered functionality of the ’908 patent is
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`present in the 3GPP LTE standard from the earliest release number 8 through the
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`last LTE release number 17. As further illustrated in Exhibit 8, third-party industry
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`22
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`Case 2:22-cv-11769-TGB ECF No. 1, PageID.23 Filed 07/15/22
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