Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 1 of 60 PageID: 803
`
`
`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`NEWARK DIVISION
`§
`
`§
`Case No. 2:23-cv-01161-MEF-LDW
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`
`
`SONY ELECTRONICS INC.,
`
`
`Defendant.
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) for its Complaint against
`
`Defendant Sony Electronics Inc. (“Sony” or “Defendant”), alleges as follows:
`
`THE PARTIES
`
`1.
`
`Jawbone is a limited liability company organized and existing under the laws of the
`
`State of Texas, with places of business located at 104 East Houston Street, Suite 165, Marshall,
`
`Texas 75670, and 2226 Washington Avenue, Suite Number 1, Waco, Texas 76701.
`
`2.
`
`Defendant Sony is a corporation organized under the laws of California. Upon
`
`information and belief, Sony has corporate offices in the District of New Jersey at 115 W. Century
`
`Road, Paramus, NJ 07652.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the United
`
`States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action pursuant
`
`to 28 U.S.C. §§ 1331, 1332, 1338, and 1367.
`
`4.
`
`This Court has specific and personal jurisdiction over Sony consistent with the
`
`requirements of the Due Process Clause of the United States Constitution and the New Jersey Long
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 2 of 60 PageID: 804
`
`Arm Statute. Upon information and belief, Sony has sufficient minimum contacts with the forum
`
`because Sony transacts substantial business in the State of New Jersey and in this Judicial District.
`
`Further, Sony has, directly or through subsidiaries or intermediaries, committed and continues to
`
`commit acts of patent infringement in the State of New Jersey and in this Judicial District as alleged
`
`in this Complaint, and more particularly below.
`
`5.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1400(b) and
`
`1391(b) and (c) because Sony is subject to personal jurisdiction in this Judicial District, has
`
`committed acts of patent infringement in this Judicial District, and has a regular and established
`
`place of business in this Judicial District. Sony makes, uses, offers to sell, sells, and/or imports
`
`infringing products within this Judicial District, regularly does and solicits business in this Judicial
`
`District, and has the requisite minimum contacts with the Judicial District such that this venue is
`
`a fair and reasonable one. Further, upon information and belief, Sony has admitted or not contested
`
`proper venue in this Judicial District in other patent infringement actions.
`
`FACTUAL BACKGROUND
`
`6.
`
`On September 13, 2011, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,019,091 (the “’091 Patent”) entitled “Voice Activity Detector
`
`(VAD) -Based Multiple-Microphone Acoustic Noise Suppression.” A true and correct copy of the
`
`’091 Patent is attached hereto as Exhibit A.
`
`7.
`
`On July 17, 2007, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 7,246,058 (the “’058 Patent”) entitled “Detecting Voiced and Unvoiced
`
`Speech Using Both Acoustic and Nonacoustic Sensors.” A true and correct copy of the ’058 Patent
`
`is attached hereto as Exhibit B.
`
`2
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 3 of 60 PageID: 805
`
`8.
`
`On September 15, 2020, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 10,779,080 (the “’080 Patent”) entitled “Dual Omnidirectional
`
`Microphone Array (DOMA).” A true and correct copy of the ’080 Patent is attached hereto as
`
`Exhibit C.
`
`9.
`
`On September 14, 2021, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 11,122,357 (the “’357 Patent”) entitled “Forming Virtual
`
`Microphone Arrays Using Dual Omnidirectional Microphone Array (DOMA).” A true and correct
`
`copy of the ’357 Patent is attached hereto as Exhibit D.
`
`10.
`
`On June 18, 2013, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,467,543 (the “’543 Patent”) entitled “Microphone and Voice Activity
`
`Detection (VAD) Configurations For Use with Communications Systems.” A true and correct copy
`
`of the ’543 Patent is attached hereto as Exhibit E.
`
`11.
`
`On August 6, 2013, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,503,691 (the “’691 Patent”) entitled “Virtual Microphone Arrays Using
`
`Dual Omnidirectional Microphone Array (DOMA).” A true and correct copy of the ’691 Patent is
`
`attached hereto as Exhibit F.
`
`12.
`
`On November 27, 2012, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,321,213 (the “’213 Patent”) entitled “Acoustic Voice Activity
`
`Detection (AVAD) for Electronic Systems.” A true and correct copy of the ’213 Patent is attached
`
`hereto as Exhibit G.
`
`13.
`
`On December 4, 2012, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,326,611 (the “’611 Patent”) entitled “Acoustic Voice Activity
`
`3
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 4 of 60 PageID: 806
`
`Detection (AVAD) for Electronic Systems.” A true and correct copy of the ’611 Patent is attached
`
`hereto as Exhibit H.
`
`14.
`
`On February 26, 2019, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 10,218,327 (the “’327 Patent”) entitled “Dynamic Enhancement of
`
`Audio (DAE) In Headset Systems.” A true and correct copy of the ’327 Patent is attached hereto
`
`as Exhibit I.
`
`15.
`
`Jawbone is the sole and exclusive owner of all right, title, and interest to and in the
`
`’091 Patent, ’058 Patent, ’080 Patent, ’357 Patent, ’543 Patent, ’691 Patent, ’213 Patent,’611
`
`Patent, and ’327 Patent (together, the “Patents-in-Suit”), and holds the exclusive right to take all
`
`actions necessary to enforce its rights to the Patents-in-Suit, including the filing of this patent
`
`infringement lawsuit. Jawbone also has the right to recover all damages for past, present, and
`
`future infringement of the Patents-in-Suit and to seek injunctive relief as appropriate under the
`
`law.
`
`16.
`
`The technology of the Patents-in-Suit was developed by AliphCom dba Jawbone,
`
`which was originally founded in 1998 as AliphCom. AliphCom set out to develop a noise reducing
`
`headset that would allow soldiers to communicate better in combat conditions. In 2002, AliphCom
`
`won a contract with the Defense Advanced Research Projects Agency to research noise
`
`suppression techniques for the United States military.
`
`17.
`
`AliphCom launched a mobile headset called the “Jawbone” in 2004. The
`
`“Jawbone” included the innovative noise-suppression technology that AliphCom developed for
`
`the military.1 This technology virtually eliminated background noise while increasing the volume
`
`
`1See https://www.wired.com/2004/09/military-headset-reaches-masses/
`
`4
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 5 of 60 PageID: 807
`
`of the speakers’ voices. AliphCom followed with a Bluetooth version of the “Jawbone” in 2008
`
`which was sold in the Apple Store.
`
`18.
`
`On the heels of the success of the “Jawbone” products, AliphCom changed its name
`
`to Jawbone, Inc. in 2011 and later expanded its product offerings into Bluetooth speakers and
`
`wearables, such as health tracking devices. Unfortunately, due to the intensely competitive
`
`marketplace, Jawbone, Inc. was forced into liquidation in 2017.
`
`19.
`
`Upon information and belief, following Jawbone, Inc.’s liquidation, Envision IP
`
`(and other parties) contacted Sony regarding the value of the Patents-in-Suit, including regarding
`
`Sony’s infringement of the Patents-in-Suit and specifically identifying at least the ’091 Patent and
`
`’058 Patent. Upon information and belief, Sony was notified that Sony earbuds, headphones, and
`
`beamformer microphones (the “Accused Products”) infringe the Patents-in-Suit, and/or otherwise
`
`became aware of the Patents-in-Suit and recognized that the Accused Products infringe the Patents-
`
`in-Suit at least as of 2017. Furthermore, in or about September 2019, Defendant received a
`
`correspondence notifying Defendant of the availability of the Jawbone portfolio for potential
`
`purchase and/or licensing.
`
`INFRINGEMENT ALLEGATIONS
`
`20.
`
`The ’091 and ’058 Patents generally describe acoustic noise suppression with a
`
`voice activity detector that senses vibration in human tissue associated with voicing activity. The
`
`technology of the ’091 Patent was developed by Dr. Gregory C. Burnett and Eric F. Breitfeller.
`
`The technology of the ’058 Patent was developed by Dr. Gregory C. Burnett. The ’091 and ’058
`
`Patents also describe techniques for generating transfer functions and cross-correlations
`
`representative of acoustic signals when voicing activity is absent, providing improved noise
`
`suppression. Some embodiments of the inventions include a microphone array with one
`
`5
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 6 of 60 PageID: 808
`
`microphone which primarily captures sound (e.g., speech), and one which primarily captures
`
`unwanted noise, both of which provide signals to a noise removal algorithm.
`
`21.
`
`The noise removal algorithm may also receive physiological information from a
`
`voice activity detector (e.g., an accelerometer) to detect when a user is speaking. Such a voice
`
`activity detection signal may be assumed to be perfectly accurate, yielding substantial
`
`improvements when applied to the noise removal algorithm. For example, the noise removal
`
`algorithm may remove noise by calculating one transfer function when the system is certain that
`
`only noise is being received, and another transfer function when the system is certain that speech
`
`is being produced. The noise removal algorithm may further improve noise suppression in
`
`situations with multiple noise sources by combining such transfer functions into additional transfer
`
`functions representative of a ratio of energies received at different microphones. By taking
`
`advantage of perfect voice activity detection and transfer functions representative of a ratio of
`
`energies received at different microphones, the noise removal algorithm may effectively remove
`
`noise from a signal no matter how many noise sources are present. The invention thereby provides
`
`significant advantages for noise suppression systems, particularly in detecting, transmitting, or
`
`recording speech.
`
`22.
`
`Sony makes, uses, sells, offers to sell, and imports into the United States, products
`
`that infringe the ’091 and ’058 Patents. For example, noise suppression techniques are
`
`incorporated into Sony products with voice activity detection devices including, but not limited to,
`
`Sony earbuds, headphones, and beamformer microphones. For example, this functionality is
`
`included and utilized in the Sony WF-1000XM4. The Sony WF-1000XM4 includes an
`
`accelerometer, voice pickup unit, and a bone conduction sensor which, upon information and
`
`belief, comprise a voice activity detector. The Sony WF-1000XM4 includes “Precise Voice
`
`6
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 7 of 60 PageID: 809
`
`Pickup Technology, which combines four microphones and sensors with advanced audio signal
`
`processing.” “Precise Voice Pickup Technology uses beamforming microphones and a bone-
`
`conduction sensor to allow the WF-1000XM4 headphones to pick up your voice clearly and
`
`accurately.” The Sony WF-1000XM4 further comprises an array of beamforming microphones
`
`which, upon information and belief, generates transfer functions representative of a ratio of energy
`
`of the acoustic signals received at each microphone.2
`
`3
`
`23.
`
`The ’080 Patent generally describes noise suppression with an array of
`
`omnidirectional microphones that form virtual microphones with a similar noise response and a
`
`dissimilar speech response. The technology of the ’080 Patent was developed by Dr. Gregory C.
`
`Burnett. The ’080 Patent also describes a dual omnidirectional microphone array that forms two
`
`distinct virtual microphones that can be paired with an adaptive filter and/or VAD algorithm to
`
`significantly reduce noise without distorting speech, thereby improving the signal-to-noise ratio of
`
`
`2 https://electronics.sony.com/audio/headphones/truly-wireless-earbuds/p/wf1000xm4-b
`3 Id.
`
`7
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 8 of 60 PageID: 810
`
`the desired speech. In some embodiments, output of each physical microphone can be delayed,
`
`multiplied by a gain, and summed with the other in order to form at least one virtual microphone,
`
`which may be paired with an adaptive filter and/or VAD algorithm to suppress noise. The
`
`invention of the ’080 Patent provides substantial advantages for noise suppression systems,
`
`particularly in detecting, transmitting, or recording speech.
`
`24.
`
`Sony makes, uses, sells, offers to sell, and imports into the United States, products
`
`that infringe the ’080 Patent. For example, this functionality is included and utilized in Sony
`
`products with omnidirectional physical MEMS microphones which form virtual beamformed
`
`microphones, including, but not limited to, Sony earbuds, headphones, and beamformer
`
`microphones. For example, upon information and belief, each Sony WF-1000XM4 earbud
`
`comprises two physical omnidirectional microphones and a processing component coupled to the
`
`microphone array generating two beamformed virtual microphones. On information and belief,
`
`the processing component generates beamformed microphones with different first and second
`
`combinations of output signals from the physical microphone array, wherein the virtual
`
`microphones have a similar noise response and a dissimilar speech response.
`
`25.
`
`The ’357 and ’691 Patents generally describe acoustic noise suppression with an
`
`array of physical microphones which forms an array of virtual microphones. The technology was
`
`developed by Dr. Gregory C. Burnett. The ’357 and ’691 Patents also describe noise suppression
`
`with physical omnidirectional microphones and virtual directional microphones. The physical
`
`and/or virtual microphone signals may be combined by filtering and summing in the time domain
`
`to apply a varying linear transfer function, suppressing noise in the output signal. The invention
`
`provides significant advantages for noise suppression systems, particularly in detecting,
`
`transmitting, or recording speech.
`
`8
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 9 of 60 PageID: 811
`
`26.
`
`Sony has manufactured, used, marketed, distributed, sold, offered for sale, and
`
`exported from and imported into the United States, products that infringe the ’357 and ’691
`
`Patents. For example, this functionality is included and utilized in Sony products with physical
`
`MEMS microphones which form virtual beamformed microphones including, but not limited to,
`
`Sony earbuds and headphones. For example, upon information and belief, the Sony WF-1000XM4
`
`earbuds comprise arrays of physical microphones, the outputs of which are combined into
`
`beamformed microphones to reduce the noise of a signal. On information and belief, the Sony
`
`WF-1000XM4 earbuds combine the outputs of the signals generated by the beamforming
`
`microphone array of each earbud to further reduce noise.
`
`27.
`
`The ’543 Patent generally describes communications systems comprising a voice
`
`detection subsystem and a denoising subsystem. The technology of the ’543 Patent was developed
`
`by Dr. Gregory C. Burnett, Nicholas J. Petit, Alexander M. Asseily, and Andrew E. Einaudi. The
`
`’543 Patent also describes microphone configurations wherein a first microphone is oriented
`
`toward a talker’s mouth, and a second microphone is oriented away from a talker’s mouth, such
`
`that the denoising subsystem may subtract noise associated with noise from an acoustic signal that
`
`includes speech and noise. In some embodiments of the invention, the denoising system selects a
`
`denoising method appropriate to data of at least one frequency sub-band of acoustic signals,
`
`generates noise waveform estimate, and subtracts the noise waveform estimate from signals
`
`including speech and noise when the voice detection subsystem indicates voicing activity is
`
`occurring. The invention provides significant advantages for noise suppression systems,
`
`particularly in detecting, transmitting, or recording speech.
`
`28.
`
`Sony has manufactured, used, marketed, distributed, sold, offered for sale, and
`
`exported from and imported into the United States, products that infringe the ’543 Patent. For
`
`9
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 10 of 60 PageID:
`812
`
`example, noise suppression techniques are incorporated into Sony products with voice activity
`
`detection devices including, but not limited to, Sony earbuds and headphones. For example, this
`
`functionality is included and utilized in the Sony WF-1000XM4. For example, upon information
`
`and belief, the Sony WF-1000XM4 earbuds comprise arrays of physical microphones and
`
`beamformed microphones, the outputs of which are combined to reduce the noise of a signal.4
`
`Sony states that “beamforming microphones and a bone-conduction sensor…allow the WF-
`
`1000XM4 headphones to pick up your voice clearly and accurately for hands-free calls.”5 At least
`
`one microphone of the Sony WF-1000XM4 (e.g., the lower microphone) is oriented towards a
`
`user’s mouth, while at least one microphone is oriented away from a user’s mouth.6 On
`
`information and belief, the accelerometers and/or bone-conduction sensors of the Accused
`
`Products detect vibration in human tissue and work in tandem with beamforming microphones to
`
`suppress noise.7
`
`29.
`
`The ’611 and ’213 Patents generally describe acoustic voice activity detection
`
`based on a ratio of energies between virtual microphones formed by an array of physical
`
`microphones. The technology of the ’611 and ’213 Patents was developed by Dr. Gregory C.
`
`Burnett, Nicholas Petit, and Zhinian Jing. In some embodiments of the invention, a first virtual
`
`microphone may be generated by summing the outputs of a first physical microphone processed
`
`with a delay filter, and a second physical microphone processed with a calibration filter and an
`
`adaptive filter, while a second virtual microphone may be generated by summing the outputs of a
`
`first physical microphone processed with an adaptive filter and a delay filter, and a second physical
`
`
`4 https://helpguide.sony.net/mdr/wf1000xm4/v1/en/contents/TP1000241107.html
`5 https://electronics.sony.com/audio/headphones/truly-wireless-earbuds/p/wf1000xm4-b
`6 https://thewalkmanblog.blogspot.com/2021/09/sony-v1-integrated-processor-deeper-look.html
`7 https://electronics.sony.com/audio/headphones/truly-wireless-earbuds/p/wf1000xm4-b
`
`10
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 11 of 60 PageID:
`813
`
`microphone processed with a calibration filter. Accordingly, the invention provides virtual
`
`microphones with similar noise response magnitudes, but very dissimilar speech response
`
`magnitudes. A ratio of energies between the virtual microphones may further be compared to a
`
`threshold to detect when voicing activity is occurring. The invention of the ’611 and ’213 Patents
`
`provides significant improvements in noise suppression, including by enabling accurate voice
`
`activity detection with a microphone array.
`
`30.
`
`Sony makes, uses, sells, offers to sell, and imports into the United States, products
`
`that infringe the ’213 and ’611 Patents. For example, this functionality is included and utilized in
`
`Sony products which use virtual microphones formed by physical microphones to detect a wake
`
`word including, but not limited to, Sony earbuds and headphones. For example, upon information
`
`and belief, the Sony WF-1000XM4 and LF-S50G form an array of virtual microphones, such as
`
`by implementing a form of filter-and-sum beamforming. Upon information and belief, the Sony
`
`WF-1000XM4 and LF-S50G detect user speech, such as a wake word, by comparing a ratio of
`
`energies (e.g., amplitudes), of the beamformed microphones to a threshold.
`
`8
`
`
`8 https://electronics.sony.com/audio/headphones/truly-wireless-earbuds/p/wf1000xm4-b
`
`11
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 12 of 60 PageID:
`814
`
`9
`
`10
`
`
`9 https://helpguide.sony.net/speaker/lf-s50g/v1/en/contents/TP0001551349.html
`10 Id.
`
`12
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 13 of 60 PageID:
`815
`
`31.
`
`The ’327 Patent generally describes systems and methods related to processing
`
`speech signals to preserve and enhance speech intelligibility. The technology of the ’327 Patent
`
`was developed by Zhinian Jing. In some embodiments of the invention, a dynamic audio
`
`enhancement (“DAE”) system is configured to modify volume and equalization of an audio stream
`
`on the receiving path to enhance intelligibility to a listener. The DAE can include stationary and
`
`non-stationary noise level detectors to generate signals representing noise level estimates, based
`
`on which a modified amount of volume and equalization is generated. The invention of the ’327
`
`Patent provides significant improvements in intelligibility of received audio by enabling dynamic
`
`equalization and volume control based on stationary and non-stationary noise.
`
`32.
`
` Sony makes, uses, sells, offers to sell, and imports into the United States, products
`
`that infringe the ’327 Patent. For example, this functionality is included and utilized in Sony
`
`products which implement dynamic volume control, equalization, and noise cancellation,
`
`including, but not limited to, Sony earbuds, headphones, and smart speakers. For example, upon
`
`information and belief, the Sony WF-1000XM4 implements adaptive sound control, noise
`
`cancellation, quick attenuation, ambient noise reduction, and digital noise cancelling, which
`
`includes dynamic volume control and equalization based on detection of stationary and non-
`
`stationary noise levels.
`
`13
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 14 of 60 PageID:
`816
`
`11
`
`12
`
`13
`
`As a further example, upon information and belief, the Sony LF-S50G smart speaker implements
`
`automatic volume control, which similarly includes dynamic volume control and equalization
`
`based on detection of stationary and non-stationary noise levels.
`
`
`11 https://electronics.sony.com/audio/headphones/truly-wireless-earbuds/p/wf1000xm4-b
`12 Id.
`13 Id.
`
`14
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 15 of 60 PageID:
`817
`
`14
`
`33.
`
`Jawbone has at all times complied with the marking provisions of 35 U.S.C. § 287
`
`with respect to the Patents-in-Suit. On information and belief, prior assignees and licensees have
`
`also complied with the marking provisions of 35 U.S.C. § 287.
`
`34.
`
`Sony has infringed and is continuing to infringe the ’091, ’058, ’080, ’357, ’543,
`
`’691, ’213, ’611, and ’327 Patents making, using, selling, offering to sell, and/or importing, and
`
`by actively inducing others to make, use, sell, offer to sell, and/or importing, Accused Products
`
`that comprise and utilize infringing noise cancellation features. On information and belief, the
`
`Accused Products include, but are not limited to, at least all versions and variants of Sony earbuds
`
`(e.g., WF and LinkBuds series earbuds), headphones (e.g., WH series headphones), beamformer
`
`microphones (e.g., MAS-A100), and smart speakers (e.g., LF and RA series smart speakers).
`
`COUNT I
`(Infringement of the ’091 Patent)
`
`35.
`
`Paragraphs 1 through 34 are incorporated by reference as if fully set forth herein.
`
`
`14 https://helpguide.sony.net/speaker/lf-s50g/v1/en/contents/TP0001689858.html
`
`15
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 16 of 60 PageID:
`818
`
`36.
`
`Jawbone has not licensed or otherwise authorized Sony to make, use, sell, offer to
`
`sell, and/or import any products that embody the inventions of the ’091 Patent.
`
`37.
`
`Sony has and continues to directly infringe the ’091 Patent, either literally or under
`
`the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, selling, offering to sell, and/or importing into the United States products that satisfy each
`
`and every limitation of one or more claims of the ’091 Patent. Upon information and belief, these
`
`products include at least the Accused Products, such as those which comprise a microphone array
`
`and a voice activity detector. The Accused Products include at least all versions and variants of
`
`Sony earbuds (e.g., WF and LinkBuds series earbuds), headphones (e.g., WH series headphones),
`
`and beamformer microphones (e.g., MAS-A100).
`
`38.
`
`For example, Sony has and continues to directly infringe at least claim 11 of the
`
`’091 Patent by making, using, selling, offering to sell, and/or importing into the United States
`
`products that comprise a system for removing acoustic noise from the acoustic signals, comprising:
`
`a receiver that receives at least two acoustic signals via at least two acoustic microphones
`
`positioned in a plurality of locations; at least one sensor that receives human tissue vibration
`
`information associated with human voicing activity of a user; a processor coupled among the
`
`receiver and the at least one sensor that generates a plurality of transfer functions, wherein the
`
`plurality of transfer functions includes a first transfer function representative of a ratio of energy
`
`of acoustic signals received using at least two different acoustic microphones of the at least two
`
`acoustic microphones, wherein the first transfer function is generated in response to a
`
`determination that voicing activity is absent from the acoustic signals for a period of time, wherein
`
`the plurality of transfer functions includes a second transfer function representative of the acoustic
`
`signals, wherein the second transfer function is generated in response to a determination that
`
`16
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 17 of 60 PageID:
`819
`
`voicing activity is present in the acoustic signals for the period of time, wherein acoustic noise is
`
`removed from the acoustic signals using the first transfer function and at least one combination of
`
`the first transfer function and the second transfer function to produce the denoised acoustic data
`
`stream.
`
`15
`
`39.
`
`The Accused Products comprise a system for removing acoustic noise from
`
`acoustic signals. For example, the Sony WF-1000XM4 receives acoustic signals from a
`
`microphone array and “uses beamforming microphones . . . to allow the WF-1000XM4
`
`headphones to pick up your voice clearly and accurately for hands-free calls.”16
`
`40.
`
`The Accused Products further comprise a receiver that receives at least two acoustic
`
`signals via at least two acoustic microphones positioned in a plurality of locations. For example,
`
`upon information and belief, the Sony WF-1000XM4 comprises a receiver that receives signals
`
`via a microphone array, with at least two microphones positioned in a plurality of locations.
`
`
`15 https://thewalkmanblog.blogspot.com/2021/09/sony-v1-integrated-processor-deeper-look.html
`16 https://electronics.sony.com/audio/headphones/truly-wireless-earbuds/p/wf1000xm4-b
`
`17
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 18 of 60 PageID:
`820
`
`17
`
`41.
`
`The Accused Products further comprise at least one sensor that receives human
`
`tissue vibration information associated with human voicing activity of a user. For example, the
`
`Sony WF-1000XM4 comprises an at least one accelerometer and bone conduction sensor which,
`
`upon information and belief, receives human tissue vibration associated with voicing activity.18
`
`Upon information and belief, the voice pickup unit of the Sony WF-1000XM4 comprises the voice
`
`detecting accelerometer and/or bone conduction sensor.
`
`42.
`
`The Accused Products further comprise a processor coupled among the receiver
`
`and the at least one sensor that generates a plurality of transfer functions, wherein the plurality of
`
`transfer functions includes a first transfer function representative of a ratio of energy of acoustic
`
`signals received using at least two different acoustic microphones of the at least two acoustic
`
`microphones. Upon information and belief, the Sony Integrated Processor V1utilizes a microphone
`
`array to detect speech with a beamformed microphone which, upon information and belief,
`
`includes the generation of at least a plurality of transfer functions, including a first transfer function
`
`
`17 https://helpguide.sony.net/mdr/wf1000xm4/v1/en/contents/TP1000241107.html
`18 https://electronics.sony.com/audio/headphones/truly-wireless-earbuds/p/wf1000xm4-b
`
`18
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 19 of 60 PageID:
`821
`
`representative of a ratio of energy of acoustic signals received at different microphones in the
`
`microphone array.19
`
`43.
`
`The Accused Products further comprise a system wherein the first transfer function
`
`is generated in response to a determination that voicing activity is absent from the acoustic signals
`
`for a period of time. For example, upon information and belief, the Sony WF-1000XM4 generates
`
`the first transfer function when a voice pickup unit, accelerometer, and/or bone conduction sensor
`
`indicate that voicing activity is absent.
`
`44.
`
`The Accused Products further comprise a system wherein the plurality of transfer
`
`functions includes a second transfer function representative of the acoustic signals, wherein the
`
`second transfer function is generated in response to a determination that voicing activity is present
`
`in the acoustic signals for the period of time. For example, upon information and belief, the Sony
`
`WF-1000XM4 generates a second transfer function in response to a determination that voicing
`
`activity is present, such as based on detection of human tissue vibrations by the voice pickup unit,
`
`accelerometer, and/or bone conduction sensor.
`
`45.
`
`The Accused Products further comprise a system wherein acoustic noise is removed
`
`from the acoustic signals using the first transfer function and at least one combination of the first
`
`transfer function and the second transfer function to produce the denoised acoustic data stream.
`
`For example, upon information and belief, the Sony WF-1000XM4 removes noise from acoustic
`
`signals by applying at least a first transfer function generated when voicing activity is absent, and
`
`a transfer function generated by combining the first transfer function generated when voicing
`
`activity is absent and a second transfer function generated when voicing activity is detected. For
`
`
`19 https://electronics.sony.com/audio/headphones/truly-wireless-earbuds/p/wf1000xm4-b
`
`19
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 22 Filed 06/12/23 Page 20 of 60 PageID:
`822
`
`example, upon information and belief, the Sony WF-1000XM4 utilizes a least mean squares
`
`method to suppress acoustic noise.
`
`46.
`
`Sony has and continues to indirectly infringe one or more claims of the ’091 Patent
`
`by knowingly and intentionally inducing others, including Sony customers and end-users of the
`
`Accused Products and products that include the Accused Products, to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, selling, offering to sell, and/or
`
`importing into the United States products that include infringing technology, such as the Sony WF-
`
`1000XM4.
`
`47.
`
`Sony, with knowledge that these products, or the use thereof, infringes the ’091
`
`Patent since at least 2017 but by no later than the date of this Complaint, knowingly and
`
`intentionally induced, and continue to knowingly and intentionally induce, direct infringement of
`
`the ’091 Patent by providing these products to customers and/or distributors for use in an infringing
`
`manner in the Unit