Case 2:22-cv-11770-TGB ECF No. 1, PageID.1 Filed 07/15/22 Page 1 of 27
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF OHIO
`WESTERN DIVISION AT TOLEDO
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`NEO WIRELESS, LLC,
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`FCA US, LLC,
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`Plaintiff,
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`v.
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`Defendant.
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`§
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`Civil Action No. 3:22-cv-01252
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`JURY TRIAL DEMANDED
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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 for patent
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`infringement under 35 U.S.C. § 271 against Defendant FCA USA, LLC (“FCA” or “Defendant”).
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`Plaintiff alleges, based upon its own personal knowledge with respect to its own actions and based
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`upon information and belief with respect to all others’ actions, as follows:
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`THE PARTIES
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`1.
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`Plaintiff Neo Wireless LLC is a Delaware corporation with its principal place of
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`business located in Wayne, Pennsylvania.
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`2.
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`On information and belief, Defendant FCA US, LLC is a business entity organized
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`and existing under the laws of the state of Delaware, with its principal place of business at 1000
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`Chrysler Dr., Auburn Hills, Michigan, 48326. FCA may be served through its registered agent,
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`1
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`3.
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`The Corporation Trust Company, Corporation Trust Center, 1209 Orange St.,
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`Wilmington, Delaware 19801.
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`4.
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`5.
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`1338(a).
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`6.
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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. §§ 1331 and
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`Venue in this District is proper under 28 U.S.C. § 1391 and 28 U.S.C. § 1400(b)
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`against FCA because, on information and belief, FCA (1) has committed acts of infringement in
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`this District and (2) has a regular and established place of business in this District.
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`7.
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`This Court has personal jurisdiction over FCA. FCA has continuous and systematic
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`business contacts with the State of Ohio. Specifically, FCA conducts business, has committed acts
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`of patent infringement, and has induced acts of patent infringement by others in this District, the
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`State of Ohio, and elsewhere in the United States.
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`8.
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`FCA, directly and through subsidiaries or intermediaries, has committed and
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`continues to commit acts of infringement in this District by, among other things, designing,
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`developing, manufacturing, importing, offering to sell, and selling products that infringe the
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`Asserted Patents.
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`9.
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`FCA does and intends to do business in Ohio and in this District, directly or through
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`intermediaries, and offers its products and/or services, including those accused herein of
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`infringement, to customers and potential customers located in Ohio and in this District.
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`10.
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`FCA, both directly and through its subsidiaries or intermediaries (including
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`distributors, retailers, and others), has purposefully and voluntarily placed one or more infringing
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`products and/or services, as described below, into the stream of commerce with the expectation
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`that those products will be purchased and used by customers and/or consumers in the Northern
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`District of Ohio.
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`11.
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`FCA maintains facilities throughout the State of Ohio, including at least the FCA
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`US Toledo Assembly Complex at 4000 Stickney Ave, Toledo, Ohio 43608.
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`12. The Toledo Assembly Complex is made up of 3.64 million square feet of floor
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`space over 312 acres of land.1 The Toledo Assembly Complex employs approximately 6,290
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`people and is made up of two plants: the Toledo Supplier Park and Toledo North.2
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`13.
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`FCA has been and continues to make, use, sell, offer for sale, assemble, purchase,
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`and import infringing products and/or services within the Northern District of Ohio.
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`14.
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`FCA has placed the Accused Products into the stream of commerce by selling
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`and/or offering to sell the Accused Products in the Northern District of Ohio, shipping Accused
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`Products into the Northern District of Ohio, and/or shipping Accused Products knowing that those
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`products would be shipped into the Northern District of Ohio.
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`THE ASSERTED PATENTS
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`I.
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`The ’366 Patent
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`15. On June 18, 2013, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,467,366 (“the ’366 patent”), entitled “Methods and Apparatus for
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`Random Access in Multi-Carrier Communication Systems.” A copy of the ’366 patent is attached
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`as Exhibit 1.
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`16. The ’366 patent issued from U.S. Patent Application 13/205,579, which was filed
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`by Neocific Inc. on August 8, 2011 on behalf of the inventors. The now-issued ’366 patent was
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`1 See https://media.stellantisnorthamerica.com/newsrelease.do?id=339.
`2 See id.
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`3
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`assigned from Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was assigned to
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`Neo Wireless LLC on January 23, 2020.
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`17. The ’366 patent is valid and enforceable.
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`II.
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`The ’908 Patent
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`18. On November 11, 2020, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,833,908 (“the ’908 patent”), entitled “Channel Probing Signal
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`for a Broadband Communication System.” A copy of the ’908 patent is attached as Exhibit 2.
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`19. The ’908 patent issued from U.S. Patent Application 16/902,740, which was filed
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`on June 16, 2020 by Neo Wireless LLC on behalf of the inventors.
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`20. The ’908 patent is valid and enforceable.
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`III. The ’941 Patent
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`21. On September 11, 2018, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,075,941 (“the ’941 patent”), entitled “Methods and Apparatus
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`for Multi-Carrier Communications With Adaptive Transmission and Feedback.” A copy of the
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`’941 patent is attached as Exhibit 3.
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`22. The ’941 patent issued from U.S. Patent Application 15/082,878, which filed by
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`Neocific, Inc. on March 28, 2016. The now-issued ’941 patent was assigned from Neocific, Inc.
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`to CFIP NCF LLC on November 22, 2019 before it was assigned to Neo Wireless LLC on January
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`23, 2020.
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`23. The ’941 patent is valid and enforceable.
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`IV.
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`The ’450 Patent
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`24. On October 15, 2019, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,447,450 (“the ’450 patent”), entitled “Method and System for
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`4
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`Multi-Carrier Packet Communication with Reduced Overhead.” A copy of the ’450 patent is
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`attached as Exhibit 4.
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`25. The ’450 patent issued from U.S. Patent Application 15/676,421, which was filed
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`by Neocific, Inc. on August 14, 2017. The now-issued ’450 patent was later assigned from
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`Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was assigned to Neo Wireless
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`LLC on January 23, 2020.
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`26. The ’450 patent is valid and enforceable.
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`V.
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`The ’512 Patent
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`27. On March 30, 2021, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 10,965,512 (“the ’512 patent”), entitled “Method and Apparatus Using
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`Cell-Specific and Common Pilot Subcarriers in multi-Carrier, Multi Cell Wireless Communication
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`Networks.” A copy of the ’512 patent is attached as Exhibit 5.
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`28. The ’512 patent issued from U.S. Patent Application 17/012,813, which was filed
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`by Neo Wireless on September 4, 2020.
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`29. The ’512 patent is valid and enforceable.
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`VI.
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`The ’302 Patent
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`30. On September 8, 2020, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,771,302 (“the ’302 patent”), entitled “Channel Probing Signal
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`for a Broadband Communication System.” A copy of the ‘302 patent is attached as Exhibit 6.
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`31. The ’302 patent issued from U.S. Patent Application 15/953,950, which was filed
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`on April 16, 2018 and was assigned from Neocific, Inc. to CFIP NCF LLC on November 22, 2019
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`before it was assigned to Neo Wireless LLC on January 23, 2020.
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`32. The ’302 patent is valid and enforceable.
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`33. Neo Wireless owns all rights, title, and interest in and to each of the ’366, ’908,
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`’941, ’450, ’512, and ’302 patents (the “Asserted Patents”) and possesses all rights of recovery.
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`FACTUAL ALLEGATIONS
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`34.
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` Inventor Xiaodong (Alex) Li, Ph.D. founded Neocific Inc. in the early 2000s to
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`design, develop, and implement a new wireless communication system. He and his co-inventors
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`had extensive experience with wireless communications systems, including the development of
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`the Wi-Max standards, and a deep understanding of the flaws in existing systems at the time. The
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`inventors saw an opportunity to create a new wireless communication system meant to address
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`those flaws while incorporating cutting-edge Orthogonal Frequency-Division Multiple Access
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`(OFDMA) based technologies, and, starting in the 2004-2005 timeframe, they filed patents on the
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`work.
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`35.
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`Dr. Li served as the President and Founder of Neocific. Dr. Li obtained his Ph.D.
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`in electrical engineering from the University of Washington, his M.S. from Shanghai Jiao Tong
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`University, and his B.S. from Tsinghua University. Dr. Li has authored more than 30 journal and
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`conference papers in wireless communications, video coding, and networking. He has been granted
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`more than 100 U.S. and foreign patents.
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`36. Dr. Titus Lo, Ph.D. is a founding employee of Neocific. Dr. Lo obtained his Ph.D.
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`in electrical engineering from McMaster University and his B.S. from the University of British
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`Columbia. Dr. Lo has authored more than 30 technical papers in international peer-reviewed
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`journals and presented more than 50 times at industry events. He has been granted more than 100
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`U.S. and foreign patents.
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`6
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`37. The inventions in the Asserted Patents relate to various improvements in OFDMA
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`networks and corresponding user equipment, and those improvements have since been
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`incorporated into the 3GPP standards for 4G/LTE and 5G/NR networks.
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`38. Neo Wireless owns all substantial right, title, and interest in the Asserted Patents,
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`and holds the right to sue and recover damages for infringement thereof.
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`39. David Loo is the CEO of Plaintiff Neo Wireless. Mr. Loo works and resides in
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`Wayne, Pennsylvania. Mr. Loo has over a decade of experience as a licensing executive and patent
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`attorney with a well-established track record of assisting companies, inventors and patent holders
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`to ensure they are fairly compensated for their inventions.
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`40. The wireless communication industry has been developing rapidly since Bell Labs
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`developed the First Generation of modern commercial cellular technology in 1984. Multiple
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`wireless communication technologies designated by generations emerged and brought new
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`capacities to people all over the world. In 2008, 3GPP created and finalized the LTE standards as
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`an upgrade to 3G. The cellular industry recognized its major benefits, and virtually all cellular
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`device 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 to utilize the
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`4G LTE technology.
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`41.
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`In recent years, automakers have implemented this cellular communications
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`technology into their vehicles. For example, telematics systems first debuted in 1996 through
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`OnStar using analog cell networks, which allowed consumers to receive remote diagnostics,
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`remotely unlock vehicles, and receive emergency services including aid after a collision. In 2007,
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`3G technology emerged bringing greater speed and capacity to these features, allowing automakers
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`to design more advanced functions.
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`42. When the technology emerged, FCA began implementing the newest 4G LTE
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`cellular technology into many of its products. 4G LTE technology provided for 10 times faster
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`data speeds, increased responsiveness, and the ability to support voice and data connections
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`simultaneously. 4G LTE connection further provided consumers with a variety of in-vehicle Wi-
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`Fi hotspots and vast entertainment options. As a result, FCA could better support a variety of
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`wireless features including increased in-vehicle application responsiveness, faster network speeds
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`and connected services, voice recognition, steering wheel controls, remote start, remote door lock,
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`vehicle health reports, stolen vehicle location assistance, Wi- Fi hotspot, etc.
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`43.
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`FCA provides 4G LTE connectivity in its various products via the Uconnect,
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`SiriusXM Guardian, Jeep Connect, RAM Connect, and Wagoneer Connect systems integrated into
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`the Accused Products.3
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`44. Building on these 4G LTE capabilities, FCA developed and currently utilizes the
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`Uconnect App that enables its customers to interact with their vehicles from their cellular devices,
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`using the cellular connectivity of the vehicles. Features on the Uconnect app include remote start,
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`unlocking and locking the vehicle, flashing the lights and sounding the horn, and finding the
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`vehicle’s location via Vehicle Finder.
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`45.
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`FCA implements 4G/LTE communications in certain car models—including but
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`not limited to the Jeep Cherokee, Compass, Wagoneer, Gladiator, Renegade, Wrangler models,
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`and the RAM 1500, 2500, 3500, Chassis Cab, and Promaster models—as well as those that may
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`in the future implement 4G/LTE or 5G/NR capabilities. These models are collectively referred to
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`herein as the “Accused Products.”
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`3 See https://www.driveuconnect.com/.
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`46.
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`FCA’s Accused Products are configured to operate within 4G/LTE and/or 5G/NR
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`cellular networks and in communication with base stations and other network access points. The
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`cellular networks and base stations are interoperable and implement the one or more releases of
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`the 4G/LTE and 5G/NR standards from release 8 through at least release 17. The cellular networks,
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`including the cell-serving base stations, are controlled and configured by various carriers and
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`implemented using a variety of hardware and/or software. Additionally, each base station may
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`operate differently based on the wireless conditions, location, and/or network configuration.
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`47. Additionally, the communications between FCA’s Accused Products and the
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`serving base station include a multitude of signals back and forth in normal operation, such as
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`when establishing connections, sending and receiving control information, sending and receiving
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`reference signaling, communicating data in the uplink and downlink, obtaining networks
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`parameters, etc. And FCA’s Accused Products do this across a potentially large range of time and
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`locations, including across a variety of base station equipment and configurations and/or wireless
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`conditions. As such, FCA’s Accused Products are configured to operate across the various modes,
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`formats, and schemes defined in the 4G/LTE and 5G/NR 3GPP standards.
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`48. As described further below and set forth in Exhibits 7–12, the Asserted Patents read
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`onto portions of the 4G/LTE or 5G/NR standards, each of which FCA implements in its Accused
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`Products. In particular, FCA and/or its customers and end users must practice one or more claims
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`from each of the Asserted Patents in order to implement the 4G/LTE and/or 5G/NR standards in
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`the Accused Products. Thus, on information and belief, FCA’s implementation(s) of the 4G/LTE
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`and/or 5G/NR standards necessarily infringes one or more claims of the Asserted Patents.
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`49.
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`FCA does not have any rights to the Asserted Patents.
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`50. Neo Wireless has complied with 35 U.S.C. § 287. Neo Wireless does not make,
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`offer for sale, or sell within the United States any patented article under the Asserted Patents.
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`Additionally, to the extent it was necessary, Neo Wireless provided FCA with actual notice of its
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`infringement prior to the filing of this lawsuit, or at a minimum by the filing of this Complaint.
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`51.
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`In the interest of providing detailed averments of infringement, Neo Wireless has
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`identified below at least one claim per patent to demonstrate infringement. However, the selection
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`of claims should not be considered limiting, and additional claims of the Asserted Patents
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`(including method, system, and apparatus claims) that are infringed by FCA will be disclosed in
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`compliance with the Court’s rules related to infringement contentions.
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`FCA’S ACTS OF PATENT INFRINGEMENT
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`52. Neo Wireless incorporates by reference the preceding paragraphs as if fully set
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`forth herein.
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`53. As set forth below, FCA’s Accused Products incorporate, without any license from
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`Neo Wireless, 4G/LTE and/or 5G/NR technology protected by patents owned by Neo Wireless.
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`Neo Wireless respectfully seeks relief from this Court for FCA’s infringement.
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`54.
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`FCA has directly infringed, and continues to directly infringe, the Asserted Patents
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`under 35 U.S.C. § 271(a) by making, using, selling and/or offering to sell, in this District and
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`elsewhere in the United States, and/or importing into this District and elsewhere in the United
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`States, one or more of FCA’s Accused Products, that is, certain infringing vehicles outfitted with
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`instrumentalities that infringe the Asserted Patents, as further described in detail in Counts I–VI
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`infra.
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`55.
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`FCA directly or by controlling the activities of its subsidiaries, makes, sells, offers
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`for sale, uses, and imports the Accused Products in the United States. And, FCA engages in the
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`assembly, designing, developing, testing, and manufacturing of the Accused Products sold, used,
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`and offered for sale in the United States, as well as the selling of the Accused Products.
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`56.
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`FCA makes, sells, offers for sale, uses, and imports the Accused Products in the
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`United States. For example, FCA owns and operates at least four manufacturing facilities in the
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`United States responsible for designing, building, assembling, manufacturing, offering for sale,
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`and selling the Accused Products sold throughout the United States.4
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`57.
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`FCA has indirectly infringed the Asserted Patents under 35 U.S.C. § 271(b) by
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`actively inducing infringement by others, such as its subsidiaries, dealerships, distributors,
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`retailers, and end-user customers, by, for example, implementing the infringing features in its
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`cellular-capable products, encouraging its users to take advantage of 4G/LTE and/or 5G/NR
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`features within the United States, and/or instructing, dictating, or training its dealerships and
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`customers to use the infringing features. Because it performed these acts with full knowledge of
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`the Asserted Patents and its infringement thereof, as set forth in detail below, FCA has specifically
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`intended others, such as its subsidiaries, dealerships, retailers, and end-user customers, to infringe
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`Neo’s Asserted Patents knowing the acts of its subsidiaries, dealerships, retailers, and end-user
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`customers constitute infringement.
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`58.
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`For example, FCA’s advertising, sales, design, development and/or technical
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`materials related to the 3GPP 4G/LTE and/or 5G/NR standards associated with the Accused
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`Products contained and continue to contain instructions, directions, suggestions, and/or invitations
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`that invite, entice, lead on, influence, encourage, prevail on, move by persuasion, and/or cause its
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`subsidiaries, 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 of equivalents.
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`4 See https://media.stellantisnorthamerica.com/factsheets.do?mid=.
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`59.
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`FCA has further provided the above-mentioned technical documentation and
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`training materials to its subsidiaries, distributors, retailers, dealerships, customers, and the public
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`that cause end users of the Accused Products to utilize the products in a manner that directly
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`infringe on one or more claims of the Asserted Patents. FCA has engaged in such inducement to
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`promote the sales of 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 of the
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`Accused Products to infringe the Asserted Patents.
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`60.
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`FCA, through its subsidiary websites, advertises to its customers and other ends
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`users the Uconnect, SiriusXM Guardian, Jeep Connect, RAM Connect, and Wagoneer Connect
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`systems as a means to entice sales and use of the Accused Products.5 These advertisements, among
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`others, further describe to a customer or end user how to use the infringing instrumentalities of the
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`Accused Products.
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`61.
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`FCA further advertises and provides its customers and end users with specifications
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`describing the infringing instrumentalities and how they are used in the Accused Products.
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`62.
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`63.
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`FCA took the above actions intending to cause infringing acts by others.
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`Further, FCA has made, used, sold, offered to sell, imported and/or encouraged the
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`making, using, selling, offering to sell, or importing of FCA’s Accused Products despite knowing
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`of an objectively high likelihood that its actions constituted infringement of the Asserted Patents
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`at all times relevant to this suit. Alternatively, FCA subjectively believed there was a high
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`5 See, e.g., https://www.chrysler.com/uconnect.html;
`https://www.chrysler.com/connectivity.html; https://www.jeep.com/connectivity.html;
`https://www.jeep.com/wagoneer/wagoneer-connect.html;
`https://www.ramtrucks.com/connectivity.html.
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`probability that 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 FCA on December 14, 2021 that FCA received no later than
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`December 16, 2021 informing FCA of Neo Wireless’s relevant patent portfolio, including listing
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`the Asserted Patents and how the Asserted Patents cover certain 3GPP wireless standards used in
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`FCA’s Accused Products in an attempt to initiate commercial licensing discussions. FCA did not
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`respond and continued infringing the Asserted Patents despite being given actual notice of the
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`Asserted Patents and its infringement through Neo’s letter as early as December 16, 2021. In any
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`event, FCA was on actual notice and had actual knowledge of the Asserted Patents and its
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`infringement on the date of service of this Complaint. Therefore, FCA was or is now aware of the
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`Asserted Patents or has willfully blinded itself as to the existence of the Asserted Patents and the
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`Accused Products’ infringement thereof and has deliberately and wantonly continued to infringe
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`on Neo’s patent rights.
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`65.
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`For the reasons described above, FCA’s infringement of the Asserted Patents has
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`been willful and egregious.
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`66.
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`FCA’s acts of infringement have caused damage to Neo Wireless. Neo Wireless is
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`entitled to recover from FCA the damages incurred by Neo Wireless as a result of FCA’s wrongful
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`acts.
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`COUNT ONE: INFRINGEMENT OF THE ’366 PATENT
`67. Neo Wireless incorporates the allegations of all of the foregoing paragraphs as if
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`fully restated herein.
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`68. As described above, FCA has infringed and continues to infringe the ’366 patent
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`by implementing, using, offering for sale, and selling 4G/LTE and/or 5G/NR cellular functionality
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`according to one or more 3GPP standard releases from 8 through 17 in the Accused Products, and
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`performing the acts of infringement described above.
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`69.
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`FCA’s Accused Products are configured to operate across the various modes,
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`formats, and schemes defined in the 4G/LTE and 5G/NR 3GPP standards. FCA’s Accused
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`Products are configured to operate within 4G/LTE and/or 5G/NR cellular networks that are
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`controlled and configured by various carriers and implemented using a variety of hardware and/or
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`software. Additionally, each base station may operate differently based on the wireless conditions,
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`location, and/or network configuration. Accordingly, FCA’s Accused Products are configured to
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`accommodate those differences and implement 3GPP standards holistically, and do not exclude
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`particular modes or schemes in which a serving base station may be configured to operate.
`
`70. Each of FCA’s Accused Products implements the portions of the 3GPP LTE
`
`standard specification that read on at least claim 1 of the ’366 patent. See 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 claim 1 of the ’366 patent. Id. On information and
`
`belief, each portion of the standard cited in Exhibit 7 is implemented to provide LTE functionality
`
`in the Accused Products. For example, the covered functionality of the ’366 patent is present in
`
`the 3GPP LTE standard from the earliest release number 8 through the last LTE release number
`
`17. As further illustrated in Exhibit 7, third-party industry experts, through textbooks and articles,
`
`confirm the inclusion of the covered functionality within the 3GPP LTE standard. Further, industry
`
`experts consulted by Neo have confirmed that, based on their experience with and knowledge of
`
`the 3GPP standards and their implementation, the Accused Products are configured to practice the
`
`covered functionality when they provide LTE connectivity. The technology covered by claim 1 of
`
`the ’366 patent and reflected in the 3GPP standard portions set out in Exhibit 7 is a core part of
`
`14
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`Case 2:22-cv-11770-TGB ECF No. 1, PageID.15 Filed 07/15/22 Page 15 of 27
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`
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`communications on an LTE network, and would be required in any device operating on said
`
`network. For example, the covered functionality related to the random-access procedure is integral
`
`to the establishment of connections between FCA’s Accused Products and the serving base stations
`
`for LTE networks. Additionally, based on FCC filings and corroborating public information,
`
`FCA’s Accused Products are compliant with various 3GPP LTE releases, including release 8 and
`
`later releases, and are configured with the covered functionalities. Finally, on information and
`
`belief, due to the features FCA advertises as enabled by the 4G/LTE functionality, including but
`
`not limited to remote connectivity and Wi-Fi internet access, FCA’s Accused Products implement
`
`the covered functionality of the 3GPP LTE standard regardless of whether one or more aspects of
`
`that functionality is mandatory or optional to implement the LTE standard.
`
`71.
`
`FCA’s Accused Products therefore meet at least one claim of the ’366 patent.
`
`72. To the extent that FCA releases any new version of FCA’s Accused Products, such
`
`instrumentalities will meet the claims of the ’366 patent and infringe under 35 U.S.C. § 271(a)–
`
`(b) in ways analogous to FCA’s current infringement described above.
`
`73. Neo Wireless has been damaged and continues to be damaged by FCA’s
`
`infringement of the ’366 patent.
`
`COUNT TWO: INFRINGEMENT OF THE ’908 PATENT
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`74. Neo Wireless incorporates the allegations of the foregoing paragraphs as if fully
`
`restated herein.
`
`75. As described above, FCA has infringed and continues to infringe the ’908 patent
`
`by implementing and using 4G/LTE and/or 5G/NR cellular functionality according to one or more
`
`3GPP standard releases from 8 through 17 in the Accused Products, and performing the acts of
`
`infringement described above.
`
`15
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`Case 2:22-cv-11770-TGB ECF No. 1, PageID.16 Filed 07/15/22 Page 16 of 27
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`76.
`
`FCA’s Accused Products are configured to operate across the various modes,
`
`formats, and schemes defined in the 4G/LTE and 5G/NR 3GPP standards. FCA’s Accused
`
`Products are configured to operate within 4G/LTE 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, FCA’s Accused Products are configured to
`
`accommodate those differences and implement the 3GPP standards holistically, and do not exclude
`
`particular modes or schemes in which a serving base station may be configured to operate. For
`
`example, the Accused Products operate within one or more frequency bands, including bands
`
`corresponding to more than 6 resource blocks, and thus, transmit a random access signal in only a
`
`portion of the frequency band.
`
`77. Each of FCA’s Accused Products implements the portions of the 3GPP LTE
`
`standard specification that read on at least claim 11 of the ’908 patent. See Ex. 8. Exhibit 8
`
`illustrates how implementing and carrying out certain portions of the 3GPP LTE standard
`
`(“covered functionality”) require the practicing of at least claim 11 of the ’908 patent. Id. On
`
`information and belief, each portion of the standard cited in Exhibit 8 is implemented to provide
`
`LTE functionality in the Accused Products. For example, the covered functionality of the ’908
`
`patent is present in the 3GPP LTE standard from the earliest release number 8 through the last
`
`LTE release number 17. As further illustrated in Exhibit 8, third-party industry experts through
`
`textbooks and articles confirm the inclusion of the covered functionality within the 3GPP LTE
`
`standard. Further, industry experts consulted by Neo have confirmed that, based on their
`
`experience with and knowledge of the 3GPP standards and their implementation, the Accused
`
`Products are configured to practice the covered functionality when they provide LTE connectivity.
`
`16
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`Case 2:22-cv-11770-TGB ECF No. 1, PageID.17 Filed 07/15/22 Page 17 of 27
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`
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`The technology covered by claim 11 of the ’908 patent and reflected in the 3GPP standard portions
`
`set out in Exhibit 8 is a core part of communications on an LTE network, and would be required
`
`in any device operating on said network. For example, the covered functionality related to the
`
`random-access procedure is integral to the establishment of connections between FCA’s Accused
`
`Products and the serving base stations for LTE networks. Additionally, based on FCC filings and
`
`corroborating public information, FCA’s Accused Products are compliant with various 3GPP LTE
`
`releases, including release 8 and later releases, and are configured with the covered functionalities.
`
`Finally, on information and belief, due to the features FCA advertises as enabled by the 4G/LTE
`
`functionality, including but not limited to remote connectivity and Wi-Fi internet access, FCA’s
`
`Accused Products implement the covered functionality of the 3GPP LTE standard regardless of
`
`whether one or more aspects of that functionality is mandatory or optional to implement the LTE
`
`standard.
`
`78.
`
`FCA’s Accused Products therefore meet at least one claim of the ’908 patent.
`
`79. To the extent that FCA releases any new version of FCA’s Accused Products, such
`
`instrumentalities will meet the claims of the ’908 patent and infringe under 35 U.S.C. § 271(a)–
`
`(b) in ways analogous to FCA’s current infringement described above.
`
`80. Neo Wireless has been damaged and continues to be damaged by FCA’s
`
`infringement of the ’908 patent.
`
`COUNT THREE: INFRINGEMENT OF THE ’941 PATENT
`
`81. Neo Wireless incorporates the allegations of the foregoing paragraphs as if fully
`
`restated herein.
`
`82. As described above, FCA has infringed and continues to infringe the ’941 patent
`
`by implementing and using 4G/LTE and/or 5G/NR cellular functionality according to