Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 1 of 20 PageID #: 1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
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`Plaintiff,
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`v.
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`¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ )
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`ANDREA ELECTRONICS
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`CORPORATION,
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`____________________________________ )
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`Civil Action No. 2:15-cv-214
`
`COMPLAINT
`
`JURY TRIAL DEMANDED
`
`ASUSTEK COMPUTER INC. and ASUS
`COMPUTER INTERNATIONAL,
`
`Defendants.
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Andrea Electronics Corporation (“Andrea”), by and through its counsel, Pepper
`
`Hamilton LLP, for its Complaint against defendant ASUSTeK Computer Inc. and ASUS
`
`Computer International (collectively, “ASUS” or “Defendants”) alleges as follows:
`
`NATURE OF ACTION
`
`1.
`
`This is an action for patent infringement under the patent laws of the United
`
`States, 35 U.S.C. §§ 271, et seq., to enjoin infringement and obtain damages resulting from
`
`Defendants’ unauthorized and ongoing actions, in the state of New York and elsewhere, of
`
`making, having made, using, selling, having sold, offering to sell, and/or importing or having
`
`1
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`RTL345-2_1012-0001
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 2 of 20 PageID #: 2
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`imported into the United States, certain personal computer products that infringe one or more
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`claims in Andrea’s U.S. Patent No. 5,825,898 (the “’898 Patent”), U.S. Patent No. 6,049,607 (the
`
`“’607 Patent”), U.S. Patent No. 6,363,345 (the “’345 Patent”), U.S. Patent No. 6,377,637 (the
`
`“’637 Patent”, and U.S. Patent No. 6,483,923 (the “’923 Patent”) (collectively, the “Asserted
`
`Patents”).
`
`2.
`
`This is an action for direct infringement. Upon information and belief,
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`Defendants make, have made, use, sell, offer to sell, and/or import or have imported into the
`
`United States certain personal computer products including, but not limited to, desktops,
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`notebooks, laptops, all-in-ones, Chromebooks, and tablets that infringe one or more of the
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`Asserted Patents, either literally or under the doctrine of equivalents.
`
`3.
`
`In addition, this is an action for indirect infringement. Upon information and
`
`belief, Defendants contribute to or induce the direct infringement, either literally or under the
`
`doctrine of equivalents, of one or more claims of the ’898 ’607, ’345, ’637, and ’923 Patents.
`
`THE PARTIES
`
`4.
`
`Plaintiff Andrea is a corporation organized and existing under the laws of the state
`
`of New York with its principal place of business at 65 Orville Drive, Suite One, Bohemia, New
`
`York 11716.
`
`5.
`
`Upon information and belief, ASUSTeK Computer Inc. is a corporation organized
`
`and existing under the laws of Taiwan with its principal place of business at 15 Li-Te Road,
`
`Beitou District, Taipei 112, Taiwan.
`
`6.
`
`Upon information and belief, ASUS Computer International is a subsidiary of
`
`ASUSTeK Computer Inc. and is a corporation organized and existing under the laws of
`
`California, with a principal place of business at 800 Corporate Way, Fremont, California 94539-
`
`6106. ASUS Computer International may be served through its registered agent for service of
`2
`
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`RTL345-2_1012-0002
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 3 of 20 PageID #: 3
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`process, C T Corporation System, 818 West Seventh Street, 2nd Floor, Los Angeles, California
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`90017.
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`JURISDICTION AND VENUE
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`7.
`
`Upon information and belief, Defendants are subject to personal jurisdiction in the
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`Eastern District of New York because they regularly transact business in this judicial district by,
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`among other things, offering products to customers, business affiliates, and/or partners located in
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`this judicial district. In addition, Defendants have committed acts of infringement of one or
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`more claims of each of the Asserted Patents in this judicial district. Infringing products made
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`and sold by Defendants including, but not limited to, desktops, notebooks, laptops, all-in-ones,
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`Chromebooks, and tablets are widely advertised in New York and are readily available at
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`numerous retail locations throughout the state, including within the Eastern District of New
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`York. Upon information and belief, Defendants make ongoing and continuous shipments of
`
`infringing products into the Eastern District of New York and maintain an established
`
`distribution network that encompasses New York. Infringing products are manufactured by
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`Defendants, or at their direction, and are used or consumed within this State in the ordinary
`
`course of trade.
`
`8.
`
`Venue is proper in the Eastern District of New York under 28 U.S.C. §§ 1391(b)
`
`and (c) as well as 28 U.S.C. § 1400(b) because Defendants are subject to personal jurisdiction in
`
`this district and have committed acts of infringement in this district. Additionally, Plaintiff’s
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`principal place of business is located in this judicial district.
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`BACKGROUND AND FACTS RELATED TO THIS ACTION
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`9.
`
`Andrea is a leading industry developer of product solutions which optimize the
`
`performance of voice user interfaces and has a decorated history deeply rooted in the state of
`
`New York. Its technology has been applied to products related to, among other things, voice
`
`3
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`RTL345-2_1012-0003
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 4 of 20 PageID #: 4
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`over internet protocol (“VoIP”) telephone, VoIP teleconferencing, video conferencing, speech
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`recognition, computer gaming, in-car computing, and 3D audio recording.
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`10.
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`The leadership of Andrea has spanned three familial generations over 80 years,
`
`and the company has been headquartered in the Long Island community since 1934. Andrea’s
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`products are featured in the Henry Ford Museum and Smithsonian National Museum of
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`American History.
`
`11.
`
`In the early 1900s, Frank Andrea, an Italian immigrant, started his business
`
`career. He began as an electroplater for I.P. Frink manufacturing company and studied at night
`
`as a tool maker and machinist at the Mechanics Institute in New York City. In 1913 he joined
`
`the Frederick Pierce Company and, after the outbreak of World War I, worked to design tools to
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`manufacture parts for a new aircraft radio receiver that he had built. Mr. Andrea soon thereafter
`
`started his own company, FADA.
`
`12.
`
`As founder of FADA, Mr. Andrea employed his family members, including his
`
`16 year-old brother, John. FADA picked up momentum when Mr. Andrea convinced Marconi,
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`the predecessor of RCA, to place an order for radio parts. FADA began manufacturing parts for
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`crystal sets and “Do It Yourself” kits. FADA also soon began manufacturing parts such as
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`sockets and rheostats for tube type radios.
`
`13.
`
`After selling his controlling interest in FADA, Mr. Andrea founded the Andrea
`
`Radio Corporation (“Andrea Radio”). Andrea Radio’s offerings evolved over time. In 1939,
`
`Andrea Radio developed and produced one of the first television sets, which was displayed at the
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`World’s Fair in Queens, New York. Andrea Radio sold TV kits and the first television console
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`models that also housed a radio and phonograph. In 1954, Andrea Radio began developing a
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`color television and introduced a set in 1957.
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`4
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`RTL345-2_1012-0004
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 5 of 20 PageID #: 5
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`14.
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`During the Second World War, the firm engaged in the production of military
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`electronics. In 1942, Andrea Radio was presented with the prestigious high honors Navy E
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`Award for manufacturing excellence and providing military audio communications equipment.
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`In the early 1960s, Andrea Radio developed and produced several types of high reliability
`
`intercommunication systems for installation in various military and commercial aircraft. Indeed,
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`Andrea Radio produced the audio intercom system for Project Mercury’s first manned
`
`spacecraft.
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`15. Mr. Andrea passed away in 1965, leaving his son, Frank Jr., to continue the
`
`Andrea business.
`
`16.
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`In the 1970s and 1980s, Andrea Radio became a premier supplier of high
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`performance avionic intercom equipment for defense industry manufacturers like Bell
`
`Helicopter, Boeing, Sikorsky, and Lockheed, prompting Andrea Radio to change its name to
`
`Andrea Electronics Corporation. Andrea produced microphone audio pre-amplifiers for Navy
`
`aviators’ oxygen mask helmet systems. The experience gained from producing audio intercom
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`systems for high noise environments paved the way for Andrea’s emphasis on active noise
`
`cancellation.
`
`17.
`
`Product development continued in the 1990s with Andrea producing the first
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`Active Noise Canceling (“ANC”) boom microphone computer headset for deployment with
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`computer speech recognition. Andrea shipped millions of headsets and microphone products to
`
`software OEMs. In 1998, Andrea developed and produced the first digital array microphone for
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`commercial use, providing hands-free voice command and control functionality. In 1999,
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`Andrea developed and produced the first USB headset as well as the first desktop digital array
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`microphone.
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`5
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`RTL345-2_1012-0005
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 6 of 20 PageID #: 6
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`18.
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`In the 2000s, Andrea broadened the application of its product offerings. In 2001,
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`it developed and produced digital noise canceling array microphones for speech control systems
`
`in police cruisers. In 2002, Andrea revolutionized PC audio input by introducing the first stereo
`
`array microphone interface for integrated audio coder/decoders (“CODECs”). By the late 2000s,
`
`Andrea had shipped over one million SuperBeam stereo array microphones, and millions of
`
`DSDA stereo array microphone and EchoStop speakerphone products.
`
`19.
`
`Andrea has continued its innovation and offers microphone and earphone
`
`technologies designed to enhance sound quality. Andrea, now led by Frank Andrea’s grandson,
`
`Douglas Andrea, successfully transformed itself from a manufacturer of industrial and military
`
`intercommunication systems into a creator of cutting-edge audio technologies. Andrea
`
`incorporates its new patented technologies to enable natural language interfaces and enhance the
`
`performance of voice-related applications. Today, Andrea offers a variety of products
`
`incorporating its technologies such as headsets and headphones, microphones, software
`
`algorithms, USB audio solutions and related accessories. Since its inception, Andrea has gone
`
`through a remarkable evolution as an audio technology leader, meeting the ever-changing needs
`
`of a demanding audio communications marketplace.
`
`COUNT I
`
`(Infringement of the ’898 Patent)
`
`20.
`
`21.
`
`Paragraphs 1 through 19 are incorporated by reference as if fully restated herein.
`
`On October 20, 1998, United States Patent No. 5,825,898 (the “’898 Patent”) was
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`duly and legally issued for “System and Method for Adaptive Interference Cancelling.” The
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`’898 Patent is in full force and effect. A true and correct copy of the ’898 Patent is attached
`
`hereto as Exhibit A and made part hereof.
`
`6
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`RTL345-2_1012-0006
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 7 of 20 PageID #: 7
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`22.
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`Andrea is the owner of all right, title, and interest in and to the ’898 Patent, with
`
`the exclusive right to enforce the ’898 Patent against infringers and the exclusive right to collect
`
`damages for all relevant times, including the right to prosecute this action.
`
`23.
`
`The ’898 Patent generally relates to signal processing. Specifically, the ’898
`
`Patent discloses an adaptive signal processing system and method for reducing interference in a
`
`received signal.
`
`24.
`
`Upon information and belief, Defendants – without authority, consent, right, or
`
`license – manufacture, make, have made, use, sell, offer for sale, and/or import into the United
`
`States certain personal computer products that directly infringe, either literally and/or under the
`
`doctrine of equivalents, or enable the practice of, at least one claim of the ’898 Patent.
`
`25.
`
`Further, upon information and belief, Defendants have also indirectly infringed
`
`the ’898 Patent by inducing infringement of at least one claim of the ’898 Patent.
`
`26.
`
`Defendants have been aware of the ’898 Patent and of Andrea’s allegations of
`
`infringement since at least the filing of this Complaint. Additionally, Defendants had
`
`constructive notice of the ’898 patent prior to the filing of this Complaint by virtue of Andrea’s
`
`marking practice, as set forth in Count VI below.
`
`27.
`
`Despite Defendants’ awareness of the ’898 Patent and Andrea’s allegations, they
`
`have knowingly and actively induced others to infringe the ’898 Patent by selling personal
`
`computer products containing microphone input(s) with a beam-forming functionality which,
`
`when used, results in the direct infringement of at least one claim of the ’898 Patent by end-users
`
`– e.g., customers. For example, Defendants have provided and continue to provide promotional
`
`materials advertising beam-forming functionalities described and claimed in the ’898 Patent.
`
`See, e.g., Exhibit F (http://www.asus.com/Notebooks_Ultrabooks/ASUS_TAICHI_21/), Exhibit
`
`7
`
`
`RTL345-2_1012-0007
`
`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 8 of 20 PageID #: 8
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`G (http://sonicmaster.asus.com/global/whats-sonicmaster/benefits/), Exhibit H, and Exhibit I.
`
`Upon information and belief, Defendants’ implementation of beam-forming functionality
`
`reduces interference in a received signal in a manner that infringes the claims of the ’898 Patent.
`
`At least by advertising such functionality, Defendants have induced and are actively inducing
`
`end-users to use that functionality and infringe at least one claim of Andrea’s ’898 Patent.
`
`28.
`
`Further, upon information and belief, Defendants have also indirectly infringed of
`
`the ’898 Patent by contributing to the infringement of at least one claim of the ’898 Patent.
`
`29.
`
`Upon information and belief, the combination of hardware (e.g., microphone
`
`input(s)) and software (e.g., voice/audio processing) in Defendants’ personal computer products
`
`is made solely for the purpose of reducing or eliminating interference from voice and/or other
`
`audio signals received through at least one microphone in a manner that infringes at least one
`
`claim of the ’898 Patent. Further, this combination of hardware and software is especially made
`
`and/or especially adapted for use in the infringement of Andrea’s ’898 Patent, is not a staple
`
`commodity of commerce, and is not suitable for substantial non-infringing use. By selling
`
`personal computer products containing this combination of hardware and software, Defendants
`
`have contributed to the infringement of the ’898 Patent by end-users – e.g., customers – who use
`
`said combination of hardware and software provided in Defendants’ products.
`
`30.
`
`As a result of Defendants’ infringing conduct, Andrea has suffered damages and
`
`will continue to suffer damages in an amount that, by law, cannot be less than a reasonable
`
`royalty, together with interest and costs as fixed by the Court under 35 U.S.C. § 284.
`
`31.
`
`Upon information and belief, Defendants will continue their infringement of the
`
`’898 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 injunction.
`
`8
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`RTL345-2_1012-0008
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 9 of 20 PageID #: 9
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`COUNT II
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`(Infringement of the ’607 Patent)
`
`32.
`
`33.
`
`Paragraphs 1 through 31 are incorporated by reference as if fully restated herein.
`
`On April 11, 2000, United States Patent No. 6,049,607 (the “’607 Patent”) was
`
`duly and legally issued for “Interference Canceling Method and Apparatus.” The ’607 Patent is
`
`in full force and effect. A true and correct copy of the ’607 Patent is attached hereto as Exhibit B
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`and made part hereof.
`
`34.
`
`Andrea is the owner of all right, title, and interest in and to the ’607 Patent, with
`
`the exclusive right to enforce the ’607 Patent against infringers and the exclusive right to collect
`
`damages for all relevant times, including the right to prosecute this action.
`
`35.
`
`The ’607 Patent generally relates to an interference canceling method and
`
`apparatus. For instance, the ’607 Patent discloses an echo canceling method and apparatus
`
`which provides echo-canceling in duplex communication.
`
`36.
`
`Upon information and belief, Defendants – without authority, consent, right, or
`
`license – manufacture, make, have made, use, sell, offer for sale, and/or import into the United
`
`States certain personal computer products that directly infringe, either literally and/or under the
`
`doctrine of equivalents, or enable the practice of, at least one claim of the ’607 Patent.
`
`37.
`
`Further, upon information and belief, Defendants have also indirectly infringed
`
`the ’607 Patent by inducing infringement of at least one claim of the ’607 Patent.
`
`38.
`
`Defendants have been aware of the ’607 Patent and of Andrea’s allegations of
`
`infringement since at least the filing of this Complaint. Additionally Defendants had
`
`constructive notice of the ’607 patent prior to the filing of this Complaint by virtue of Andrea’s
`
`marking practice, as set forth in Count VI below.
`
`9
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`RTL345-2_1012-0009
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 10 of 20 PageID #: 10
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`39.
`
`Despite Defendants’ awareness of the ’607 Patent and Andrea’s allegations, they
`
`have knowingly and actively induced others to infringe the ’607 Patent by selling personal
`
`computer products containing microphone(s) or microphone input(s) with acoustic echo
`
`cancellation which, when used, results in the direct infringement of at least one claim of the ’607
`
`Patent by end-users – e.g., customers. Defendants have provided and continue to provide
`
`promotional materials advertising acoustic echo cancellation functionalities described and
`
`claimed in the ’607 Patent. See, e.g., Exhibit F
`
`(http://www.asus.com/Notebooks_Ultrabooks/ASUS_TAICHI_21/), Exhibit G
`
`(http://sonicmaster.asus.com/global/whats-sonicmaster/benefits/), Exhibit J, and Exhibit K.
`
`Upon information and belief, Defendants’ implementation of echo cancellation in their products
`
`reduces or cancels interference in a manner that infringes the claims of the ’607 Patent. At least
`
`by advertising such functionality, Defendants have induced and are actively inducing end-users
`
`to use that functionality and infringe at least one claim of Andrea’s ’607 Patent.
`
`40.
`
`Further, upon information and belief, Defendants have also indirectly infringed
`
`the ’607 Patent by contributing to the infringement of at least one claim of the ’607 Patent.
`
`41.
`
`Upon information and belief, the combination of hardware (e.g., microphone(s) or
`
`microphone input(s)) and software (e.g., voice/audio processing) in Defendants’ personal
`
`computer products is made solely for the purpose of reducing or eliminating noise from voice
`
`and/or other audio signals received through microphone(s) in a manner that infringes at least one
`
`claim of the ’607 Patent. Further, this combination of hardware and software is especially made
`
`and/or especially adapted for use in the infringement of Andrea’s ’607 Patent, is not a staple
`
`commodity of commerce, and is not suitable for substantial non-infringing use. By selling
`
`personal computer products containing this combination of hardware and software, Defendants
`
`10
`
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`RTL345-2_1012-0010
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 11 of 20 PageID #: 11
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`have contributed to the infringement of the ’607 Patent by end-users – e.g., customers – who use
`
`said combination of hardware and software provided in Defendants’ products.
`
`42.
`
`As a result of Defendants’ infringing conduct, Andrea has suffered damages and
`
`will continue to suffer damages in an amount that, by law, cannot be less than a reasonable
`
`royalty, together with interest and costs as fixed by the Court under 35 U.S.C. § 284.
`
`43.
`
`Upon information and belief, Defendants will continue their infringement of the
`
`’607 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 injunction.
`
`COUNT III
`
`(Infringement of the ’345 Patent)
`
`44.
`
`45.
`
`Paragraphs 1 through 43 are incorporated by reference as if fully restated herein.
`
`On March 26, 2002, United States Patent No. 6,363,345 (the “’345 Patent”) was
`
`duly and legally 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 is attached hereto as
`
`Exhibit C and made part hereof.
`
`46.
`
`Andrea is the owner of all right, title, and interest in and to the ’345 Patent, with
`
`the exclusive right to enforce the ’345 Patent against infringers and the exclusive right to collect
`
`damages for all relevant times, including the right to prosecute this action.
`
`47.
`
`48.
`
`The ’345 Patent generally relates to noise cancellation and reduction.
`
`Upon information and belief, Defendants – without authority, consent, right, or
`
`license – manufacture, make, have made, use, sell, offer for sale, and/or import into the United
`
`States certain personal computer products that directly infringe, either literally and/or under the
`
`doctrine of equivalents, or enable the practice of, at least one claim of the ’345 Patent.
`
`11
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`RTL345-2_1012-0011
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 12 of 20 PageID #: 12
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`49.
`
`Further, upon information and belief, Defendants have also indirectly infringed
`
`the ’345 Patent by inducing infringement of at least one claim of the ’345 Patent.
`
`50.
`
`Defendants have been aware of the ’345 Patent and of Andrea’s allegations of
`
`infringement since at least the filing of this Complaint. Additionally Defendants had
`
`constructive notice of the ‘345 patent prior to the filing of this Complaint by virtue of Andrea’s
`
`marking practice, as set forth in Count VI below.
`
`51.
`
`Despite Defendants’ awareness of the ’345 Patent and Andrea’s allegations, they
`
`have knowingly and actively induced others to infringe the ’345 Patent by selling personal
`
`computer products containing microphone(s) or microphone input(s) with noise suppression or
`
`cancellation which, when used, results in the direct infringement of at least one claim of the ’345
`
`Patent by end-users – e.g., customers. Defendants have provided and continue to provide
`
`promotional materials advertising noise suppression or cancellation functionalities described and
`
`claimed in the ’345 Patent. See, e.g., Exhibit F
`
`(http://www.asus.com/Notebooks_Ultrabooks/ASUS_TAICHI_21/), Exhibit G
`
`(http://sonicmaster.asus.com/global/whats-sonicmaster/benefits/), Exhibit L, and Exhibit M.
`
`Upon information and belief, Defendants’ implementation of noise suppression or cancellation in
`
`their products reduces or cancels noise in a manner that infringes the claims of the ’345 Patent.
`
`At least by advertising such functionality, Defendants have induced and are actively inducing
`
`end-users to use that functionality and infringe at least one claim of Andrea’s ’345 Patent.
`
`52.
`
`Further, upon information and belief, Defendants have also indirectly infringed
`
`the ’345 Patent by contributing to the infringement of at least one claim of the ’345 Patent.
`
`53.
`
`Upon information and belief, the combination of hardware (e.g., microphone(s) or
`
`microphone input(s)) and software (e.g., voice/audio processing) in Defendants’ personal
`
`12
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`RTL345-2_1012-0012
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 13 of 20 PageID #: 13
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`computer products is made solely for the purpose of reducing or eliminating noise from voice
`
`and/or other audio signals received through at least one microphone in a manner that infringes at
`
`least one claim of the ’345 Patent. Further, this combination of hardware and software is
`
`especially made and/or especially adapted for use in the infringement of Andrea’s ’345 Patent, is
`
`not a staple commodity of commerce, and is not suitable for substantial non-infringing use. By
`
`selling personal computer products containing this combination of hardware and software,
`
`Defendants have contributed to the infringement of the ’345 Patent by end-users – e.g.,
`
`customers – who use said combination of hardware and software provided in Defendants’
`
`products.
`
`54.
`
`As a result of Defendants’ infringing conduct, Andrea has suffered damages and
`
`will continue to suffer damages in an amount that, by law, cannot be less than a reasonable
`
`royalty, together with interest and costs as fixed by the Court under 35 U.S.C. § 284.
`
`55.
`
`Upon information and belief, Defendants will continue their infringement 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 injunction.
`
`COUNT IV
`
`(Infringement of the ’637 Patent)
`
`56.
`
`57.
`
`Paragraphs 1 through 55 are incorporated by reference as if fully restated herein.
`
`On April 23, 2002, United States Patent No. 6,377,637 (the “’637 Patent”) was
`
`duly and legally issued for “Sub-Band Exponential Smoothing Noise Canceling System.” The
`
`’637 Patent is in full force and effect. A true and correct copy of the ’637 Patent is attached
`
`hereto as Exhibit D and made part hereof.
`
`13
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`
`RTL345-2_1012-0013
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 14 of 20 PageID #: 14
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`58.
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`Andrea is the owner of all right, title, and interest in and to the ’637 Patent, with
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`the exclusive right to enforce the ’637 Patent against infringers and the exclusive right to collect
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`damages for all relevant times, including the right to prosecute this action.
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`59.
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`The ’637 Patent generally relates to noise cancellation and reduction and, more
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`specifically, to noise cancellation and reduction using sub-band processing and exponential
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`smoothing.
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`60.
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`Upon information and belief, Defendants – without authority, consent, right, or
`
`license – manufacture, make, have made, use, sell, offer for sale, and/or import into the United
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`States certain personal computer products that directly infringe, either literally and/or under the
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`doctrine of equivalents, or enable the practice of, at least one claim of the ’637 Patent.
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`61.
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`Further, upon information and belief, Defendants have also indirectly infringed
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`the ’637 Patent by inducing infringement of at least one claim of the ’637 Patent.
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`62.
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`Defendants have been aware of the ’637 Patent and of Andrea’s allegations of
`
`infringement since at least the filing of this Complaint. Additionally Defendants had
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`constructive notice of the ‘637 patent prior to the filing of this Complaint by virtue of Andrea’s
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`marking practice, as set forth in Count VI below.
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`63.
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`Despite Defendants’ awareness of the ’637 Patent and Andrea’s allegations, they
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`have knowingly and actively induced others to infringe the ’637 Patent by selling personal
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`computer products containing microphone(s) or microphone input(s) with noise suppression or
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`cancellation which, when used, results in the direct infringement of at least one claim of the ’637
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`Patent by end-users – e.g., customers. Defendants have provided and continue to provide
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`promotional materials advertising noise suppression or cancellation functionalities described and
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`claimed in the ’637 Patent. See, e.g., Exhibit F
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`14
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`RTL345-2_1012-0014
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 15 of 20 PageID #: 15
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`(http://www.asus.com/Notebooks_Ultrabooks/ASUS_TAICHI_21/), Exhibit G
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`(http://sonicmaster.asus.com/global/whats-sonicmaster/benefits/), Exhibit L, and Exhibit M.
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`Upon information and belief, Defendants’ implementation of noise suppression or cancellation in
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`their products reduces or cancels noise in a manner that infringes the claims of the ’637 Patent.
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`At least by advertising such functionality, Defendants have induced and are actively inducing
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`end-users to use that functionality and infringe at least one claim of Andrea’s ’637 Patent.
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`64.
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`Further, upon information and belief, Defendants have also indirectly infringed
`
`the ’637 Patent by contributing to the infringement of at least one claim of the ’637 Patent.
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`65.
`
`Upon information and belief the combination of hardware (e.g., microphone(s) or
`
`microphone input(s)) and software (e.g., voice/audio processing) in Defendants’ personal
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`computer products is made solely for the purpose of reducing or eliminating noise from voice
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`and/or other audio signals received through at least one microphone in a manner that infringes at
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`least one claim of the ’637 Patent. Further, this combination of hardware and software is
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`especially made and/or especially adapted for use in the infringement of Andrea’s ’637 Patent, is
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`not a staple commodity of commerce, and is not suitable for substantial non-infringing use. By
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`selling personal computer products containing this combination of hardware and software,
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`Defendants have contributed to the infringement of the ’637 Patent by end-users – e.g.,
`
`customers – who use said combination of hardware and software provided in Defendants’
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`products.
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`66.
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`As a result of Defendants’ infringing conduct, Andrea has suffered damages and
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`will continue to suffer damages in an amount that, by law, cannot be less than a reasonable
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`royalty, together with interest and costs as fixed by the Court under 35 U.S.C. § 284.
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`15
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`RTL345-2_1012-0015
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 16 of 20 PageID #: 16
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`67.
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`Upon information and belief, Defendants will continue their infringement of the
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`’637 Patent unless enjoined by the Court. Defendants’ infringing conduct has caused Andrea
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`irreparable harm and will continue to cause such harm without the issuance of an injunction.
`
`COUNT V
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`(Infringement of the ’923 Patent)
`
`68.
`
`69.
`
`Paragraphs 1 through 67 are incorporated by reference as if fully restated herein.
`
`On November 19, 2002, United States Patent No. 6,483,923 (the “’923 Patent”)
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`was duly and legally issued for “System and Method for Adaptive Interference Cancelling.” The
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`’923 Patent is in full force and effect. A true and correct copy of the ’923 Patent is attached
`
`hereto as Exhibit E and made part hereof.
`
`70.
`
`Andrea is the owner of all right, title, and interest in and to the ’923 Patent, with
`
`the exclusive right to enforce the ’923 Patent against infringers and the exclusive right to collect
`
`damages for all relevant times, including the right to prosecute this action.
`
`71.
`
`The ’923 Patent generally relates to signal processing. Specifically, the ’923
`
`Patent discloses an adaptive signal processing system and method for reducing interference in a
`
`received signal.
`
`72.
`
`Upon information and belief, Defendants – without authority, consent, right, or
`
`license – manufacture, make, have made, use, sell, offer for sale, and/or import into the United
`
`States certain personal computer products that directly infringe, either literally and/or under the
`
`doctrine of equivalents, or enable the practice of, at least one claim of the ’923 Patent.
`
`73.
`
`Further, upon information and belief, Defendants have also indirectly infringed
`
`the ’923 Patent by inducing infringement of at least one claim of the ’923 Patent.
`
`74.
`
`Defendants have been aware of the ’923 Patent and of Andrea’s allegations of
`
`infringement since at least the filing of this Complaint. Additionally, Defendant had constructive
`16
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`RTL345-2_1012-0016
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`

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`Case 2:15-cv-00214-JG-GRB Document 1 Filed 01/14/15 Page 17 of 20 PageID #: 17
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`notice of the ’923 patent prior to the filing of this Complaint by virtue of Andrea’s marking
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`practice, as set forth in Count VI below.
`
`75.
`
`Despite Defendants’ awareness of the ’923 Patent and Andrea’s allegations, they
`
`have knowingly and actively induced others to infringe the ’923 Patent by selling personal
`
`computer products containing microphone(s) or microphone input(s) with beam-forming
`
`functionality which, when used, results in the direct infringement of