Case 2:14-cv-04488-JG-GRB Document 1 Filed 07/25/14 Page 1 of 12 PageID #: 1
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`14-cv-4488
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`RTL898_1002-0001
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`Realtek 898 Ex. 1002
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`Case 2:14-cv-04488-JG-GRB Document 1 Filed 07/25/14 Page 2 of 12 PageID #: 2
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`having imported into the United States, certain personal computer products that in Fringe one
`having impo rted into the Uni ted States, certain personal computer products that infringe one
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`or more claims in U.S. Patcnt No. 5,825,898 (the "'898 Patent"), U.S. Patcnt No. 6,049,607
`or more claims in U.S. Patent No. 5,825,898 (the "' 898 Patent"), U.S . Patent No. 6,049,607
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`(thc '''607 Patent"), U.S. Patent No. 6,363,345 (thc "' 345 Patcnt"). and U.S. Patent No.
`(the '''607 Patent"), U.S. Patent No. 6,363,345 (the ''' 345 Patent"). and U.S . Patent No.
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`6,483,923 (the "'923 Patent") (collectively, the "Asserted Patents").
`6,483,923 (the '''923 Patent") (collectively, the "Asserted Patents").
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`2. This is an action for direct in Fringement. Upon information and belief,
`2. This is an action fo r direct infringement. Upon information and belief,
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`Defendants make, have made, usc, sell, offer to sell, and/or import or have imported into the
`Defendants make, have made, use, sell. offer to sell, and/or import or have imported into the
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`United States ccrtain personal computer products includi ng, but not li mited to, desktops,
`United States certain persona l computer products includi ng, but not li mited to, desktops,
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`notebooks. laptops, all-in-ones, and tab lets that infri nge one or more of the Asserted Patents,
`notebooks. laptops, all-in-ones, and tab lets that infri nge one or more orthe Asserted Patents,
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`either li terally or under the doctrine of equivalents.
`eit her li terall y or under the doctrine of equivalents.
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`T HE PARTIES
`THE PARTIES
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`3. Plaintiff Andrea is a New York corporation with its principal place of
`3. Plaintiff Andrea is a New York corporation with its principal place of
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`busi ness at 65 Orville Drive, Suit One, Bohemia, New York 11716.
`business at 6S Orville Drive, Suit One. Bohemia, New York 11716.
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`4. Upon infonnation and belief, Aeer Inc. is a corporation organized and
`4. Upon information and belief, Acer Inc. is a corporation organized and
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`existing under the laws of Taiwan, with its principal place of business at 8F, 88, Sec. 1, Xintai
`existing under the laws of Taiwan, with its principal place of business at 8F, 88, Sec. 1, Xintai
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`51h Rd. Xixhi , New Taipei City 22 1, Taiwan. 51h Rd. Xixhi , New Taipei City 22 1, Taiwan.
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`S. Upon informat ion and belief, Aeer America Corporation is a corporation
`S. Upon information and belief, Acer America Corporat ion is a corporation
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`organi zed under the law s of Cali fomi a wi th a principal place of business at 333 West San
`organi zed under the law s of Cali fomi a wi th a principal place of business at 333 West San
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`Carlos Street, 1500, San Jose, CA 95110. Upon information and belief, Acer America
`Carlos Street, 1500, San Jose, CA 95110. Upon information and belief. Ace!" Ameri ca
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`Corporati on is a subsidiary of or in the alternative. is controlled by Acer Inc. Acer America
`Corporation is a subsidiary of. or in the alternative, is co ntrolled by Acer Inc. Acer America
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`Corporation may be served through its registcred agent for service of process, CT Corporati on
`Corporation may be served through its registered agent for service of process, CT Corporation
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`System, at 818 W. Seventh Street, 2nd Floor, Los Angeles, California 900 17.
`System, at 818 W. Seventh Street. tHI Floor, Los Angeles, Cal i romia 900 17.
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`JURI SDICT ION AND VENUE
`J URI SDICT IO N AN D VENUE
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`6. This is an action for patent infringement. Federal Question jurisdiction is
`6. This is an action for patent infringement. Federal Question jurisdiction is
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`conferred upon Ihis Court pursuant to 28 U.S.C. § 1331 and § 1338(a). conferred upon th is Court pursuant to 28 U.S.c. § 1331 and § 1338(a).
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`RTL898_1002-0002
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`Case 2:14-cv-04488-JG-GRB Document 1 Filed 07/25/14 Page 3 of 12 PageID #: 3
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`Personal j urisd iction is prope r in the Eastern District of New York under 7. 7. Personal jurisdiction is prope r in the Eastern District of New York under
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`28 U.S.C. §§ 139 1(b) and (e) with respect to Defendants, becallse each Defendant has had at
`28 U.S.C. §§ \39\(b) and (c) with respec t to De fendants, because each Defendant has had at
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`least the requisite minimum contacts with the Eastern District of New York such that ven ue is least the requisite minimum contacts with the Eastern District of New York such that venue is
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`fair and reasonable. fair and reasonable.
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`8. Upon info nnation and beliC!~ Defendants are subject to personal 8. Upon info rmation and belie!: Defendants are subject to personal
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`j urisd iction in the Eastern District of New York because they regularl y transact business in j uri sd iction in the Eastern District of New York because they regularly transact busi ness in
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`this judicial district by, among othe r thi ngs, offeri ng thei r products to customers, business
`this judicial district by. among other things. ofTering their products to customers, business
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`affi liates, and/or partners located in thi s judicial d istrict. In addition, Defendants have affiliates, and/or partners located in thi s judicial district In addition, Defendants have
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`com mi tted acts of direct infringement of one or more claims of one or more Asserted Patents com mitted acts of direct infringement of one or more claims of one or more Asserted Patents
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`in this judicial district. Infringing produc ts made and so ld by Defendants includi ng, but not in this judicial district. Infringing produc ts made and so ld by Defendants including, but not
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`li mi ted 10 , deskto ps. notebooks, laptops, all~ i n~ones, and tablets are widely advertised in New limited to, desktops. noteboo ks, laptops. all-in-ones, and tablets arc widely advert ised in New
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`York and are readily available at numerous retai l locations throughou t lhe state, including York and are readily available at numerous retail locations throughout the state, including
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`within the Eastern District of New York. Upon infonnation and belief, Defendants make within the Eastern District of New York. Upon infom1ation and belief, Defendants make
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`ongo ing and cont inuous shipments of infri ngi ng products into the Eastern District of New ongoi ng and con tinuous shipments of infringing products into the Eastern District of New
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`York and maintai n an established distribution network that enco mpasses New York. York and maintai n an established di stribution network that encompasses New York.
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`Infringing products arc manufactured by Defendants, or at the ir d irection, and are used o r Infringing products are manufactured by Defendants, or at their di rection, and are lIsed or
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`consumed withi n thi s S tate in the ordi nary course of trade. consumed wi thin thi s S tate in the ordinary course of trade.
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`9. Venue is proper in thi s Court under 28 U.S.C. §§ 1391 (b) and (c) as well
`9. Venue is proper in this Court under 28 U.S.C. §§ \39\(b) and (e) as well
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`as 28 U.S.C. § l400(b) because Defendants are subject to personal j uri sd iction in thi s district
`as 28 U.S.C. § 1400(b) because Defendants are subject to personal j urisd iction in thi s district
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`and have committed acls of infri ngement in thi s district. Additionally, Plaintiffs principal and have com mitted acts o f infringement in thi s district. Additionall y, Plainti fr s principal
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`place of business is located in this judicial district.
`place of busi ness is located in this judicial district.
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`13AC KG RO UN !) AN D FACTS R ELATE!) T O T HIS ACTION BACKGROUND AND FAC TS RELATED TO THIS ACTION
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`10. Andrea is a leading industry developer of product solutions which 10. Andrea is a leading industry developer of product so lutions which
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`optim ize the performance of voice user interfaces and has a decorated history deeply rooted in optim ize the performance ofvoicc user interfaces and has a decorated history deeply rooted in
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`RTL898_1002-0003
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`Case 2:14-cv-04488-JG-GRB Document 1 Filed 07/25/14 Page 4 of 12 PageID #: 4
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`the state of New York. Its technology has been applied to products related to, among other
`the state of New York. Its technology has been applied to products related to, among other
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`things, Vo IP, video conferencing, speech recognition, computer gaming, in·car computing and
`thi ngs, Vo IP, video conferenci ng, speech recogn ition, computer gaming, in·car computing and
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`3D aud io recording.
`3D audio recording.
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`11 . The leadership of Andrea has spanned three fam ilial generations over 80
`II . The leadership of Andrea has spanned three fam ilial generations over 80
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`years, and the company has been headquartered in the Long Island community since 1934.
`years, and the company has been headquarte red in the Long Island community since 1934.
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`Andrea's products arc featured in the Henry Ford Museum and Smithsonian National
`Andrea's products are featured in the Henry Ford Museum and Smithsonian National
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`Museum of American History.
`Museum of American History.
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`12. In the earl y 1900s, Frank Andrea, an Italian immigrant, started his
`12. In the earl y 1900s, Frank Andrea, an Italian immigrant, started his
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`business career. He began as an electroplater fo r J.P. Frink manufacturing company and
`busi ness career. He bcgan as an electroplater fo r J.P. Frink manufacturi ng company and
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`studied at night as a tool maker and machinist at the Mechanics Institute in New York City.
`studied at night as a tool maker and machi nist at the Mechanics Institute in Ncw York City.
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`In 19 13 he joined the Frederick Pierce Company and, after the outbreak of World War I,
`In 19 13 he joined the Frederick Pierce Company and, aftcr the outbreak of World War I,
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`worked to design too ls to manufac ture parts for a new aircrah radio receiver that he had buill.
`worked to des ign too ls to manufac ture parts for a new aircraft radio receiver that he had built.
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`Mr. Andrea soon thereaher started his own company, FADA.
`Mr. Andrea soon thereaftcr started his own company, FADA.
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`13. As founder of FADA, Mr. Andrea employed his family members,
`13 . As founder of FADA, Mr. Andrea employed his family members,
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`incl udi ng his 16 year·old brothcr, John. FADA pickcd up momcntum when Mr. Andrea
`incl udi ng his 16 year·old brother, John. FADA picked up momentum when Mr. Andrea
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`convinced Marconi. the predccessor of RCA, to place an order for radio parts. FADA began
`convinced Marconi , the predecessor of RCA, to place an order fo r radio parts. FADA began
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`man ufacturi ng parts fo r crystal sets and '"Do It Yourself' kits. FADA also soon began manufac turi ng parts for crystal selS and " Do It Yourself' kits. FADA also soon began
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`manufacturing parts such as sockets and rheostats for tube type radios.
`manufacturing parts such as sockets and rheostats for tube type rad ios.
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`14. After sel ling his controlli ng interest in FADA, Mr. Andrea founded the
`14. After sell ing his controlli ng interest in FADA, Mr. Andrea fou nded the
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`Andrea Radio Corporation ("'Andrea Rad io''). Andrea Rad io's offerings evolved over time.
`Andrea Radio Corpo rat ion ("Andrea Rad io'"). Andrea Radio ' s offerings evolved ovcr ti me.
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`In 1939. Andrea Radio developed and prod uced one of the first televi sion sets, which was
`In 1939, And rea Radio developed and produced onc of the first television sets, which was
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`di splayed at the World's Fair in Queens, New York. Andrea Rad io sold TV ki ts and the first
`displayed at the World's Fair in Queens, New York. Andrea Rad io sold T V ki ts and the first
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`RTL898_1002-0004
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`Case 2:14-cv-04488-JG-GRB Document 1 Filed 07/25/14 Page 5 of 12 PageID #: 5
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`television console modcJs that also housed a rad io and phonograph. In 1954, Andrea Radio television console modcJs that also housed a radio and phonograph. Tn 1954, Andrea Radio
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`began develop ing a color tcJevision and introduced a set in 1957. began develop ing a color te levision and introduced a set in 1957.
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`15. During the Second Worl d War, the fi rm engaged in the producti on of 15. During the Second Worl d War, the firm engaged in the producti on of
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`military electronics. In 1942, Andrea Radio was presented with the prestigious high honors military electronics. In 1942, And rea Radio was presented with the prestigious high honors
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`Navy E Award for manufacturing excellence and providing military audio communications Navy E Award for manufacturing excellence and providing military audio conununi cations
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`equipment. In the early sixties, Andrea Radio developed and produced several types of high equipment. In the early sixties, Andrea Radio developed and produced several types of high
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`reliab il ity intercommunication systems for installation in various military and commercial reliab ility intercommunication systems for installation in various military and commercial
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`aircraft. Indeed, Andrea Rad io produced the audio intercom system for Project Mercury's aircraft. Indeed, Andrea Radio produced the audio intercom system for Project Mercury's
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`first manned spacecraft. first manned spacecraft.
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`16. Mr. And rea passed away in 1965, leaving his son, Frank Jr., to continue 16. Mr. And rea passed away in 1965, leaving his son, Frank Jr., to continue
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`the Andrea business. the Andrea business.
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`17. In the 1970s and 1980s, Andrea Rad io became a premier supplier of high 17. In the I 970s and 1980s, Andrea Radio became a premier supplier of high
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`performance avionic intercom equipmcnt for defense industry manufacture rs, like Bell performance avionic intercom equipment for defense industry manufacture rs, like Bell
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`Helicopter, Boeing, Sikorsky and Lockheed, prompting Andrea Radio to change its name to Helicopter, Boeing, Sikorsky and Lockheed, prompting Andrea Radio to change its name to
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`Andrea Electronics Corporation. Andrea produced microphone aud io pre~ampl i fiers for Navy Andrea Electron ics Corporation. Andrea produced microphone aud io pre-ampl ifiers for Navy
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`aviators' oxygen mask hcJmet systems. The experience gained from producing audio aviators' oxygen mask hcJmet systems. The experience gained from producing audio
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`intercom systems for hi gh no isc environments paved the way for Andrea's emphasis on active intercom systems for hi gh no ise environments paved the way for Andrea 's emphasis on active
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`no ise cancellation.
`noise cancellation.
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`18. Prod uct development conti nued in the 1990s with And rea producing the 18. Prod uct development conti nued in the 1990s with And rea producing the
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`fi rst Active Noise Canceling ("ANC") boom mic rophone computer headset for dep loyment fi rst Active Noise Canceling CANe') boom microphone computer headset for dep loyment
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`with computer speech recognition. Andrea shipped millions of headsets and microphone with computer speech recognition. Andrea shipped millions of headsets and microphone
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`products to soi1ware OEMs. In 1998, Andrea developed and produced the first digital array products to software OEMs. In 1998. Andrea developed and produced the first digital array
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`microphone for commercial use, providing hands~rree voice command and control microphone for commercial use, providing hands-free voice command and control
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`RTL898_1002-0005
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`Case 2:14-cv-04488-JG-GRB Document 1 Filed 07/25/14 Page 6 of 12 PageID #: 6
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`functionality. In 1999, Andrea developed and produced the first US B headset as well as the
`functionality. In 1999, Andrea developed and produced the first USB headset as well as the
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`first desktop digital array microphone.
`first desktop digital array microphone.
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`19. In the 2000s, Andrea broadened the applicat ion of its product offerings. In
`19. In the 2000s, Andrea broadened the application of its product offerings. In
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`200 I, it developed and produced digital noise canceling array microphones for speech control
`200 I, it developed and produced digital noise canceling array microphones for speech control
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`systems in police cruisers. In 2002, Andrea revo lutionized PC audi o input by introducing the
`systems in pol ice cruisers. In 2002. Andrea revo lution ized PC audi o input by introducing the
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`first stereo array microphone interface for integrated audio CODECs. By the late 2000s,
`first stereo array microphone interface for integrated audio CODECs. By the late 2000s,
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`Andrea had shipped over one mi ll ion SuperBeam stereo array microphones and millions of
`Andrea had shipped ove r one million SuperBeam stereo array microphones and millions of
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`DSDA stereo array microphone and EchoStop speakerphone products.
`DSDA stereo array microphone and EchoStop speakerphone products.
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`20. Andrea has continued its innovation and offers microphone and earphone
`20. Andrea has continued its innovat ion and offers microphone and earphone
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`technologies designed to enhance sound quality. Andrea, now led by Frank Andrea's
`technologies designed to enhance sound quality. Andrea, now led by Frank Andrea's
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`grandson, Douglas Andrca, successfull y transformed itsc1f from a man ufacturer of industrial
`grandson. Douglas Andrea, successfully transformed itself from a manufacturer of industrial
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`and mi li tary intercommunication systems into a creator of cutting-edge audio technologies.
`and mi li tary intercommunicati on systems into a creator of cutting-edge audio technologies.
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`And rea incorporates its new patented technologies to enable natural language interfaces and
`And rea incorporates its new patented technol ogies to enable natural language interfaces and
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`enhance the perfomlance of voice-related applicati ons. Today, Andrea offers a variety of
`enhance the perfonnance of voice-related applications. Today, Andrea offers a variety of
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`products incorporating its technologies such as headsets and headphones, microphones,
`products incorporating its technologies such as headsets and headphones, microphones,
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`software algorithms, USB audio solutions and re lated accessories. Since its inception, Andrea
`software algorithms, USB audio solutions and related accessories. Since its inception, Andrea
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`has gone through a remarkable evolution as an audio technology Icader, meeting thc cver(cid:173)
`has gone through a remarkable evolution as an audio technology leader, meeting the evcr(cid:173)
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`changing needs of a demanding audio communications marketplace.
`changing needs of a demand ing audio communi cations marketpl ace.
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`COUNT )
`COUNT )
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`(I nfringemcnt of the '898 P"tent) (Infringe ment of the '898 Palent)
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`2 1. Paragraphs I through 20 are incorporated by reference as if full y restated
`2 1. Paragrap hs 1 through 20 are incorporated by reference as if full y restated
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`herein .
`herein .
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`22. On October 28, 1998, United States Patent No. 5.825,898 (the "' 898
`22. On October 28, 1998, United States Patent No. 5.825,898 (th e "' 898
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`Patent'') was duly and legally issued for "System and Method for Adaptive Interference
`Patent") was duly and legally issued for "System and Method for Adapti ve Interference
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`RTL898_1002-0006
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`Case 2:14-cv-04488-JG-GRB Document 1 Filed 07/25/14 Page 7 of 12 PageID #: 7
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`Cancelling," The ' 898 Patent is in full force and effect. A true and correct copy of the '898
`Cancell ing." The '898 Patent is in full force and elTect. A true and correct copy of the '898
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`Patent is attached hereto as Exh ibi t A and made part hereof. Patent is attached hereto as Exh ibi t A and made part hereof.
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`23 . Andrea is the owner of a ll right, ti tle and interest in and to the '898 Patent, 23. Andrea is the o\vner of a ll right, title and interest in and to the '898 Patent,
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`wi th the excl usive right to enfo rce the ' 898 Patent aga inst infringers and the exclusive right to wit h the excl usive ri ght to enfo rce the '898 Paten t aga inst infringers and the exclusive ri ght to
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`collect damages for all relevant times, includi ng the right to prosecute thi s act ion.
`collect damages for all relevant times, including the right to prosecute this action.
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`24. The '898 Patent generally relates to signal processin g. Specifically, the 24. The '898 Patent generally relates to signal processing. Specifically, the
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`'898 Palen t discloses an adaptive signal processing system and method for reducing '898 Paten t discloses an adaptive signal processing system and method for reducing
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`interference in a received signal. interference in a received signal.
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`25. Upon information and belief, Defendants - without authority, consent, 25. Upon information and belief, Defendants - without authori ty, conse nt,
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`right or license - manufacture, make, have made, use, sell, offer for sale, and/or import into right or license - manufacture, make, have made, use, sell, offer for sale, and/or import into
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`the United States certain personal computer products that directly infringe, ei ther li terally the United States certain personal computer products that direct ly infringe, ei ther literall y
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`and/or under the doctrine o f equ ivalents, at least one claim of the ' 898 patent. and/or under the doctrine of eq ui valents, at least one claim of the ' 898 patent.
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`26. As a result of Defendants' infri ngi ng conduc t, Andrea has suffered
`26. As a result of Defendants' infri ngi ng conduc t, And rea has suffered
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`damages and will continue to suffer damages in an amollnt that, by law, cannot be less than a
`damages and will continue to suffer damages in an amount that, by law, cannot be less than a
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`reasonable royalty, toget her wi th interest and costs as fi xed by the Court under 35 U.S.C. §
`reasonable royalty, toget her wi th interest and cos ts as fi xed by the Court under 35 U.S.C. §
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`284.
`284.
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`27. Upon informat ion and belief. Defendants will continue their inFringement
`27. Upon information and belief, Defendants wi ll continue their infringe ment
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`of the ' 898 Patent unless enjoined by the Court. Defendants' inFringing conduct has caused of the '898 Patent unless enjoined by the Cou rt. Defendants' inFringing co nd uct has caused
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`Andrea irreparable harm and will continue to cause slich harm wit hout the issuance of an Andrea irreparable harm and will continue to cause such harm without the issuance oran
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`inj unction. injunction.
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`COUNT II
`C O UNT II
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`(I nfringemcnt of th e '607 Patent) (Infringement of the '607 Patent)
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`28. Paragraphs 1 thro ugh 27 are incorporated by reference as if fu lly restated
`28. Paragraphs 1 thro ugh 27 arc incorporated by reference as if fu lly restated
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`herei n. herein.
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`RTL898_1002-0007
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`29. On Apri l 11,2000, Uni led Slales Palenl No. 6,049,607 (lhe '''607 Palenl")
`29. On April 11,2000, Uni ted States Patent No. 6,049,607 (the '''607 Patent")
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`was duly and legall y issued for "Interfe rence Canceling Method and Apparatus." The '607
`was duly and legall y issued for "Interference Canceling Method and Apparatus." The '607
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`Patent is in fu ll force and effect. A true and correct copy of the '607 Patent is anached hereto
`Patent is in full force and effect. A true and correct copy of the '607 Patent is attached hereto
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`as Exhibit B and made part hereof.
`as Exhibit B and made part hereof.
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`30. Andrea is the owner of all ri gh t, title and interest in and to the '607 Patent,
`30. Andrea is the owner of a ll ri ght, tit le and interest in and to the ' 607 Patent,
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`with the exclusive right to enforce the '607 Patent against infri ngers and the exclusive right to
`with the exclusive right to enforce the '607 Patent against infringers and the exclusive right to
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`collect damages for all re levant times, incl udi ng the right to prosecute th is action.
`collect damages for all re levant times, including the right to prosecute this action.
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`31. The ' 607 Patent generall y relates to an interference canceli ng method and
`31. The ' 607 Patent generally relates to an interference cancel ing method and
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`apparatus. For instance, the '607 Patent discloses an echo canceling method and apparatus
`apparatus. For instance, the '607 Patent discloses an echo canceli ng method and apparatus
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`which provides echo-canceling in fu ll dup lex communication.
`which provides ccho-canceling in full duplex communication.
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`32. Upon in formation and belief, Defendants - without authority, consent,
`32. Upon infonnation and belief, Defendants - without authority, consent,
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`right or license - manufacture, make, have made, use, sell, offer for sale, and/or import into
`right or license - manufacture, make, have made, use. se ll, offer for sale, and/o r import into
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`the Uni ted States certain personal computer products that direct ly infringe, either li terally
`the United States certain perso nal computer products that directly infringe, either literally
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`and/or under the doctrine of equivalents, at least one claim of the '607 Patent.
`and/or under the doctrine of equivalents, at least one claim of the '607 Patent.
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`33. As a resu lt of Defendants' infringing conduct, Andrea has su ffered
`33. As a result of Defendants' infringing conduct, Andrea has suncred
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`damages and will con tinue to suffer damages in an amou nt that, by law, cannot be less than a
`damages and will con tinue 10 suffer damages in an amount that, by law, cannot be less than a
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`reaso nablc royalty, together with interest and costs as fixed by the Court under 35 U.S.C. §
`reasonablc royalty, together with interest and costs as fixed by the Co urt under 35 U.S.C. §
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`284.
`284.
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`34. Upon information and bel ief, Defendants will continue their infringement
`34. Upon infonnation and belief, Defendants will co ntinue their infringement
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`o f the '607 Patent unless enjoined by the Court. Defendants' in fringing cond uct has caused
`o f the '607 Paten t unless enjoined by the Court. Defendants' infringing cond uct has caused
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`Andrea irreparable harm and will continue to cause such harm without the issuance of an
`Andrea irreparable harm and will continue to cause sllch hann without the issllance oran
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`inj unct ion.
`injunction.
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`RTL898_1002-0008
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`COUNT III
`COUNT III
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`(Infringement of the '345 Patent) (Infringement of the '345 Patent)
`
`
`
`35. Paragraphs I through 34 are incorporated by reference as if fully restated 35. Paragraphs I through 34 are incorporated by reference as if fully restated
`
`herein.
`herein.
`
`36. On Mareh 26, 2002, United States Patent No. 6,363,345 (the '''345
`36. On Mareh 26. 2002, United States Patent No. 6,363,345 (the '''345
`
`Patent") was dul y and legall y issued for "System, Method and Apparatus for Cancelling
`Patent" ) was duly and legall y issued for "System, Method and Apparatus for Cancelling
`
`Noise." The '345 Patent is in full force and effect. A true and correct copy of the ' 345 Patent
`Noise." The ' 345 Patent is in full force and effect. A true and correct copy oflhe ' 345 Patent
`
`is attached hereto as Exhibit C and made part hereof.
`is attached hereto as Exhibit C and made part hereof.
`
`37. Andrea is the owner of all ri ght, title and interest in and to the ' 345 Patent,
`37. Andrea is the owner of a ll right, title and interest in and to the '345 Patcnt,
`
`with the excl usive right to enforce the ' 345 Patent agai nst infringers and the excl usive right to
`with the exclusive right to enforce the ' 345 Patent agai nst infringers and the exclusive right to
`
`collect damages for all rei evan! times, includ ing the ri ght to prosecute this action.
`collect damages for all relevant times, including the right to prosec ute this action.
`
`38. The '345 Patent generall y rel ates to noise cancellation and reduction.
`38. The '345 Patent generally rel ates to noise cancellation and reduction.
`
`39. Upon information and belief, Defendants - without authority, consent,
`39. Upon information and belief, Defendants - without authority. consent,
`
`ri ght or license - manufacture, make, have made, use, sell, offer for sale, and/or import into
`right or license - manufacture, make. have made, use, sell, ofTer for sale, and/or import into
`
`the United States certain personal computer products that directly infringe, either literally
`the United States certain personal computer products that directly infringe, either literally
`
`and/or under the doctrine of equivalents, at least one claim of the '345 Patent.
`and/or under the doctrine of equivalents, at least one claim of the ' 345 Patent.
`
`40. As a result of Defendants' infringing cond uct, Andrea has suffered
`40. As a result of Defendants' infringing conduct, Andrea has suffered
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`damages and wi ll continue to suffe r damages in an amoun t that, by law, cannot be less than a
`damages and wi ll continue to suffer damages in an amount that, by law, cannot be less than a
`
`
`
`reasonable royalty. together with interest and costs as Il xed by the Court under 3S U.S.C. § reasonable roya lty. togcthe r with interest and costs as IIxed by thc Court under 35 U.s.c. §
`
`
`
`284. 284.
`
`41 . Upon infonnation and belief, Defendants will continue thei r infringe ment
`41. Upon infonnation and belief, Defendants will continue their infringement
`
`of lhe '345 Patent unless enj oined by the Court. Defendants' infringing conduct has caused
`of the "345 Patent unless enjoined by the Court. Defendants' infringing conduct has caused
`
`Andrea irreparable harm and will continue to cause such harm without the issuance of an
`Andrea irreparable harm and will continue to cause such haml without the issuance of an
`
`injunction.
`injunction.
`
`RTL898_1002-0009
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`9
`9
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`

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`Case 2:14-cv-04488-JG-GRB Document 1 Filed 07/25/14 Page 10 of 12 PageID #: 10
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`COUNT IV
`CO UNT IV
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`
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`(Infringement of the '923 Patent) (Infringement of the '923 Patent)
`
`
`
`42. Paragraphs 1 through 41 arc incorporated by reference as if full y restated 42. Paragraphs 1 through 41 are incorporated by reference as if full y restated
`
`herein.
`herein.
`
`43. On November 19,2002, United States Patent No. 6,483,923 (the '''923
`43. On November 19,2002. United States Patent No. 6,483,923 (the " '923
`
`Patent") was du ly and legally issued for "System and Method for Adaptive Interference
`Patcnt") was duly and legally issued for "System and Method fo r Adapt ive Interference
`
`Cancelling."' The '923 Patent is in full force and effect. A true and correct copy o f the ' 923
`Cancelli ng:' The '923 Patent is in full force and effect. A true and correct copy of the '923
`
`
`
`Paten t is attached here to as Exhibit D and made part hereo f. Patent is attached here to as Exhibit D and made part hereo f.
`
`44. Andrea is the owner of all right, title and interest in and to the '923 Patent,
`44. Andrea is the owner of all ri ght, titlc and interest in and to the '923 Patent,
`
`with the exclusive right to enforce the '923 Patent against infringers and the exclusive right to
`with the exclusive right to enforce the ' 923 Patent against infringers and the exclusive right to
`
`
`
`collect damages for all relevant times, includ ing the right to prosecute this action. collect damages for all relevant ti mes, including the right lO prosecute thi s action.
`
`
`
`45. The ' 923 Patent genera ll y relates to signal processi ng. Specificall y, the 45. The '923 Patent genera ll y relates to signal processi ng. Specificall y, the
`
`
`
`' 923 Patent discloses an adaptive signal processing system and method for reducing ' 923 Patent discloses an adaptive signal processing system and method for reducing
`
`
`
`interference in a received signa l. interfe rence in a received signa l.
`
`
`
`46. Upon information and belie f, Defendants - wi thout au thority, consent, 46. Upo n information and belief, Defendants ~ without authority. consent,
`
`
`
`righ t or license - manufacture, make, have made, use, sell, offer for sale, and/or import into righ t or license ~ manufacturc, make, have made, usc, sell, offer for sale, and/or import into
`
`
`
`the United States certain personal computer products that infringe, either literally and/or under the United States certain perso nal computer products that infringe, ei