IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Civil Action No. 1:14-cv-1518-GMS
`
`JURY TRIAL DEMANDED
`
`))))))))))))
`
`ADVANCED MEDIA NETWORKS, LLC,
`
`Plaintiff,
`
`v.
`
`T-MOBILE US, INC.; AND
`T-MOBILE USA, INC.,
`
`Defendants.
`
`PLAINTIFF ADVANCED MEDIA NETWORKS, LLC’S
`IDENTIFICATION OF ACCUSED PRODUCTS AND ASSERTED CLAIMS
`
`Pursuant to Paragraph 4(a) of the Court’s Default Standard for Discovery, Plaintiff
`
`Advanced Media Networks, LLC (“Plaintiff” or “Advanced Media”) hereby provides its
`
`identification of the accused products and asserted claims. Advanced Media makes these
`
`disclosures based on its current understanding of the issues in this case and based on information
`
`reasonably available to Advanced Media at this time. Advanced Media’s investigation is
`
`continuing, and it expressly reserves the right to amend or modify these Disclosures based on
`
`additional information obtained through continued discovery or other means.
`
`I.
`
`Identity of the Accused Products
`
`T-MOBILE
`
`T-Mobile is engaged in the business of selling digital wireless services to subscribers. T-
`
`Mobile operates a vast wireless telecommunications network over which subscribers are able to
`
`communicate voice data as well as other data using broadband services. T-Mobile’s network
`
`consists of a large multitude of cells that communicate with mobile devices via microwaves. The
`
`cells typically provide redundant overlapping coverage for a given area such that a subscribers
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`Page 1
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`Petitioners' Ex. 1037 - Page 1
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`

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`moving with a T-Mobile device from one area to the next may seamlessly be handed-off from
`
`one cell to the next without dropping service. The T-Mobile system (the “Accused System”)
`
`constitutes a “redundant microwave communication system” as this phrase is used in the claims
`
`of the ’074 Patent.
`
`A subscriber to T-Mobile’s services over the Accused System typically buys or leases a
`
`digital communications device such as a smart phone, tablet computer (“tablet”), router,
`
`gateway, or other mobile device containing a WLAN network access point (i.e. “HotSpot”).
`
`Examples of smart phones currently or previously imported, offered for sale, and/or sold
`
`by T-Mobile are the Alcatel One Touch Evolve 2, Alcatel One Touch Fierce 2, Apple iPhone 5c,
`
`Apple iPhone 5s, Apple iPhone 6, Apple iPhone 6 Plus, LG G3, LG F3Q, LG Optimus L90,
`
`Nokia Lumia 635, Samsung Galaxy Avant, Samsung Galaxy Note 3, Samsung Galaxy Note 4,
`
`Samsung Galaxy Note Pro 10.1 2014, Samsung Galaxy S 4, Samsung Galaxy S 5, and all past,
`
`present and future cellular phones that offer connectivity to other devices to the T-Mobile
`
`network over a local area network provided by the device (these and all similar cellular phones
`
`referred to herein as the “Accused Phones”). Each of these Accused Phones may be configured
`
`to constitute a “mobile hub station configured to transfer information as a single nomadic
`
`transmission/reception point between the microwave communication system”, i.e., the T-Mobile
`
`telecommunications system, and a “wireless LAN [local area network] using an Ethernet packet
`
`switching protocol,” “the TCP/IP protocol,” and/or “an Internet protocol” (as these terms are
`
`used in the claims, e.g., Claims 1, 3, and 128, of the ’074 Patent). Whether or not a subscriber
`
`may utilize the mobile hotspot or tethering feature of an Accused Phone is controlled by T-
`
`Mobile.
`
`Page 2
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`Petitioners' Ex. 1037 - Page 2
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`In addition to the Accused Phones, T-Mobile also imports, offers for sale and/or sells, or
`
`has previously imported, offered for sale, and/or sold, the following tablet devices that have the
`
`capability to connect to the T-Mobile broadband wireless network as well as providing a local
`
`area network (LAN) over which other devices may connect to the T-Mobile wireless network:
`
`Apple iPad Air, Apple iPad Mini with Retina display, Samsung Galaxy Tab 4 8.0 and all past,
`
`present and future tablets that offer connectivity to other devices to the T-Mobile network over a
`
`local area network provided by the device (these and all similar mobile tablets referred to herein
`
`as the “Accused Tablets”). Each of these Accused Tablets may be configured to constitute a
`
`“mobile hub station configured to transfer information as a single nomadic
`
`transmission/reception point between the microwave communication system”, i.e., the T-Mobile
`
`telecommunications system, and a “wireless LAN [local area network] using an Ethernet packet
`
`switching protocol,” “the TCP/IP protocol,” and/or “an Internet protocol” (as terms are used in
`
`the claims, e.g. Claims 1, 3, and 128, of the ’074 Patent).
`
`In addition to the Accused Phones and Accused Tablets, T-Mobile also imports, offers
`
`for sale, and/or sells, or has previously imported, offered for sale, and/or sold, the base stations,
`
`including but not limited to the Samsung LTE Mobile HotSpot PRO (See Exhibit 10 of the
`
`Complaint), each of which connects to the T-Mobile wireless network and provides a mobile
`
`local area network (LAN) through which other devices may connect to the T-Mobile network.
`
`All past, present and future mobile stations that offer connectivity to other devices to the T-
`
`Mobile network over a local area network provided by the device are referred to herein as the
`
`“Accused Mobile Access Points.” The Accused Phones, Accused Tablets, and Accused Mobile
`
`Access Points are collectively referred to herein as the “Accused Devices.” Each of these
`
`Accused Mobile Access Points may be configured to constitute a “mobile hub station configured
`
`Page 3
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`Petitioners' Ex. 1037 - Page 3
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`

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`to transfer information as a single nomadic transmission/reception point between the microwave
`
`communication system”, i.e., the T-Mobile telecommunications system, and a “wireless LAN
`
`[local area network] using an Ethernet packet switching protocol,” “the TCP/IP protocol,” and/or
`
`“an Internet protocol” (as these terms are used in the claims, e.g., Claims 1, 3, and 128, of the
`
`’074 Patent).
`
`A subscriber who purchases one of the Accused Devices must subscribe to a T-Mobile
`
`data plan to use the device to connect to the Internet over T-Mobile’s wireless network. In order
`
`for an Accused Device to be connected to T-Mobile’s wireless system, the device must have a
`
`SIM card provided by T-Mobile that contains information that is associated with a subscriber’s
`
`account and which enables the Accused Device to be used on T-Mobile’s wireless network. In
`
`fact, a SIM card can be purchased by or reprogrammed for a subscriber to enable a device not
`
`purchased through T-Mobile to be used on T-Mobile’s wireless network (any such phone, tablet
`
`or other device utilizing a T-Mobile SIM card and providing a LAN for tethering or otherwise
`
`connecting other devices, is also included within the definition of “Accused Devices”). The SIM
`
`card is the key by which T-Mobile controls which devices may connect to the T-Mobile wireless
`
`network. Without T-Mobile’s SIM card, the Accused Device is useless for its intended purpose
`
`of facilitating wireless communications over a wireless network, although certain features such
`
`as a calculator or camera application may still be used. The code, data and/or other information
`
`stored on the SIM card facilitate T-Mobile’s control over which devices may be connected to the
`
`T-Mobile wireless communications network. The SIM card identifies the subscriber to the T-
`
`Mobile’s network and facilitates T-Mobile in billing the user for services that the subscriber
`
`uses. In addition, in the event the subscriber’s service or subscription is terminated, T-Mobile
`
`Page 4
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`Petitioners' Ex. 1037 - Page 4
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`may de-active the device via the use of the code, data and/or other information stored on the SIM
`
`card so that the device cannot connect to the T-Mobile telecommunications network.
`
`At least as to the Accused Phones and the Accused Tablets, the data plan typically,
`
`without additional fees, only allows the device itself to connect to the T-Mobile wireless
`
`network. In order to connect other devices through the LAN provided by one of the Accused
`
`Phones or the Accused Tablets, historically, a subscriber has paid an additional fee or subscribed
`
`to a more expensive and a higher capacity data plan for the ability to “tether” additional devices
`
`through the Accused Phone or Accused Tablet over the LAN provided by same. More recently,
`
`“tethering” appears to be included in some T-Mobile data plans, such as “Unlimited tablet or
`
`Hotspot data plans,” which also refer to “tethering” as a “mobile hotspot.” Even when an
`
`additional fee is not charged by T-Mobile for tethering and/or mobile hotspot service, the use of
`
`tethering and/or mobile hotspot service results in a higher amount of data downloaded by a
`
`subscriber which, in turn, results in higher fees to T-Mobile. Telecommunications services
`
`offered for sale and sold by T-Mobile in connection with the Accused Devices, including but not
`
`limited to the “Tethering” services, the “mobile hotspot” service, and the services sold in
`
`connection with data plans associated with the Accused Mobile Access Points, are referred to
`
`herein as the “Accused Services.”
`
`The T-Mobile Accused System and the Accused Devices are collectively referred to
`
`herein as the “Accused Instrumentalities.” The Accused Instrumentalities and Accused Services
`
`are collectively referred to herein as the “Accused Instrumentalities and Services.”
`
`Advanced Media names these specific Accused Instrumentalities and Services and
`
`components thereof by way of example, and not as a limitation. Discovery is in its infancy in this
`
`case, and Advanced Media reserves the right to name additional Accused Instrumentalities
`
`Page 5
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`Petitioners' Ex. 1037 - Page 5
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`

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`and/or components thereof in the event that, through discovery, Advanced Media learns of other
`
`Defendant services, systems, products, or instrumentalities that embody the inventions of the
`
`Asserted Patents.
`
`METRO PCS
`
`MetroPCS is engaged in the business of selling digital wireless services to subscribers.
`
`MetroPCS offers service on the T-Mobile Network. Using T-Mobile’s Network, MetroPCS
`
`offers a vast wireless telecommunications network over which subscribers are able to
`
`communicate voice data as well as other data using broadband services. MetroPCS’s Network
`
`consists of a large multitude of cells that communicate with mobile devices via microwaves. The
`
`cells typically provide redundant overlapping coverage for a given area such that a subscriber
`
`moving with a MetroPCS device from one area to the next may seamlessly be handed-off from
`
`one cell to the next without dropping service. As a result, the MTSO constantly monitors signal
`
`strength of both the caller and the receiver. When signal strength begins to fade, the MTSO
`
`locates the next best cell site and re-routes the conversation to maintain the communications link.
`
`The switch from one cell site to another takes about 300 milliseconds and is not noticeable to the
`
`user. The cells overlap one another and operate at different transmitting and receiving
`
`frequencies in order to eliminate cross-talk when transmitting from cell to cell.”). Hence, the
`
`system used by MetroPCS (the “MetroPCS Accused System”) constitutes a “redundant
`
`microwave communication system” as this phrase is used in claims of the `074 Patent.
`
`A subscriber to MetroPCS’s services over the MetroPCS Accused System typically buys
`
`or leases a digital communications device such as a smart phone, tablet, router, gateway, or other
`
`mobile device containing a WLAN network access point (i.e. “HotSpot”).
`
`Page 6
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`Petitioners' Ex. 1037 - Page 6
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`

`
`Examples of smart phones currently imported, offered for sale, and/or sold by or
`
`previously imported, offered for sale, and/or sold by MetroPCS are the Alcatel One Touch
`
`Evolve, Kyocera Hydro Life, LG Optimus F6, LG Optimus L70, Samsung Galaxy Mega,
`
`Samsung Galaxy S 4, Samsung Galaxy S 5, ZTE Concord II, and all past, present and future
`
`cellular phones that offer connectivity to other devices to the MetroPCS network over a local
`
`area network provided by the device (these and all similar cellular phones referred to herein as
`
`the “Accused Phones”). Each of these Accused Phones may be configured to constitute a
`
`“mobile hub station configured to transfer information as a single nomadic
`
`transmission/reception point between the microwave communication system”, i.e., the
`
`telecommunications system used by MetroPCS, and a “wireless LAN [local area network] using
`
`an Ethernet packet switching protocol,” “the TCP/IP protocol,” and/or “an Internet protocol” (as
`
`terms are used in the claims, e.g., Claims 1, 3, and 128, of the `074 Patent). Whether or not a
`
`subscriber may utilize the mobile hotspot or tethering feature of an Accused Phone is controlled
`
`by MetroPCS.
`
`A subscriber who purchases one of the Accused Devices must subscribe to a MetroPCS
`
`data plan to use the device to connect to the internet over a wireless network used by MetroPCS.
`
`In order for an Accused Device to be connected to the wireless system used by MetroPCS, the
`
`device must have a SIM card provided by MetroPCS that contains information that is associated
`
`with a subscriber’s account and which enables the Accused Device to be used on the wireless
`
`network used by MetroPCS. Each Accused Device is enabled or activated by MetroPCS through
`
`information stored on a SIM card. In fact, a SIM card can be purchased by or reprogrammed for
`
`a subscriber to enable a device not purchased through MetroPCS to be used on the wireless
`
`network used by MetroPCS (any such phone, tablet or other device utilizing a MetroPCS SIM
`
`Page 7
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`Petitioners' Ex. 1037 - Page 7
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`

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`card and providing a LAN for tethering or otherwise connecting other devices, is also included
`
`within the definition of “Accused Devices”). The SIM card is the key by which MetroPCS
`
`controls which devices may connect to the wireless network used by MetroPCS. Without
`
`MetroPCS’s SIM card, the Accused Device is useless for its intended purpose of facilitating
`
`wireless communications over a wireless network, although certain features such as calculator or
`
`camera functionality may still be used. The code, data and/or other information stored on the
`
`SIM card allows MetroPCS to maintain control over which devices may be connected to the
`
`wireless communications network used by MetroPCS. The SIM card identifies the subscriber to
`
`MetroPCS’s network and facilitates MetroPCS in billing the user for the services that the
`
`subscriber uses. In addition, in the event the subscriber’s service or subscription is terminated,
`
`MetroPCS may de-activate the device via the use of the code, data and/or other information
`
`stored on the SIM card so that the device cannot connect to the telecommunications network
`
`used by MetroPCS.
`
`At least as to the Accused Phones and the Accused Tablets, the data plan typically,
`
`without additional fees, only allows the device itself to connect to the wireless network used by
`
`MetroPCS. In order to connect other devices through the LAN provided by one of the Accused
`
`Phones or the Accused Tablets, historically, a subscriber has paid an additional fee or subscribed
`
`to a more expensive and a higher capacity data plan for the ability to “tether” additional devices
`
`through the Accused Phone or Accused Tablet over the LAN provided by same. More recently,
`
`MetroPCS has charged $5 per month for mobile hotspot access if a customer is on a $40, $50 or
`
`$60 plan. Even when an additional fee is not charged by MetroPCS for tethering and/or mobile
`
`hotspot service, the use of tethering and/or mobile hotspot service results in a higher amount of
`
`data downloaded by a subscriber which, in turn, results in higher fees to MetroPCS.
`
`Page 8
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`Petitioners' Ex. 1037 - Page 8
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`

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`Telecommunications services offered for sale and sold by MetroPCS in connection with
`
`the Accused Devices, including but not limited to the “Tethering” services and the “mobile
`
`hotspot” service are referred to herein as the “Accused Services.” The MetroPCS Accused
`
`System and the Accused Devices are collectively referred to herein as the “Accused
`
`Instrumentalities.” The Accused Instrumentalities and the Accused Services are collectively
`
`referred to herein as the “Accused Instrumentalities and Services.”
`
`Advanced Media names these specific Accused Instrumentalities and Services and
`
`components thereof by way of example, and not as a limitation. Discovery is in its infancy in this
`
`case, and Advanced Media reserves the right to name additional Accused Instrumentalities
`
`and/or components thereof in the event that, through discovery, Advanced Media learns of other
`
`Defendant services, systems, products, or instrumentalities that embody the inventions of the
`
`Asserted Patents.
`
`II.
`
`Asserted Patents and Claims
`
`Advanced Media contends that Defendants infringe United States Patent No. 5,960,074,
`
`entitled “Mobile Tele-Computer Network for Motion Picture, Television and TV Advertising
`
`Production,” including but not limited to the following claims: 1-3, 5-11, 13-14, 16-21, 23, 28-
`
`31, 33-37, 41-47, 49-54, 56, 58, 60, 62-67, 69-71, 73, 75, 91, 93-97, 99-101, 103, 105, 123-124,
`
`126, 128-129, 130-141, 143-144, and 146.
`
`Concurrently herewith, Advanced Media is producing the Asserted Patent and file
`
`histories of the Asserted Patent, Bates Nos. AMN000001 – AMN000126. The production may
`
`be downloaded via the following link: https://bjciplaw.sharefile.com/d-s1b54da3f43b4cb6b (The
`
`documents must be downloaded within 30 days).
`
`Page 9
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`Petitioners' Ex. 1037 - Page 9
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`

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`Respectfully submitted,
`
`FOX ROTHSCHILD LLP
`
`/S/GREGORY B. WILLIAMS
`Gregory B. Williams (I.D. #4195)
`Citizens Bank Center
`919 N. Market Street
`Suite 300
`Wilmington, DE 19899-2323
`(302) 622-4211
`(302) 656-8920 – Fax
`gwilliams@foxrothschild.com
`
`Attorneys for Plaintiff
`Advanced Media Networks, LLC
`
`OF COUNSEL:
`
`BUETHER JOE & CARPENTER, LLC
`Brian A. Carpenter
`Eric W. Buether
`Christopher M. Joe
`Mark D. Perantie
`Niknaz Bukovcan
`1700 Pacific Avenue
`Suite 4750
`Dallas, Texas 75201
`(214) 446-1273
`(214) 635-1829 - Fax
`Brian.Carpenter@BJCIPlaw.com
`Eric.Buether@BJCIPlaw.com
`Chris.Joe@BJCIPlaw.com
`Mark.Perantie@BJCIPLaw.com
`Niky.Bukovcan@BJCIPlaw.com
`
`Dated: May 27, 2015
`
`Page 10
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`Petitioners' Ex. 1037 - Page 10
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that copies of Plaintiff Advanced Media Networks,
`
`LLC’s Identification of Accused Products and Asserted Claims were served via Email upon the
`
`following counsel of record on this 27th day of May, 2015:
`
`Anne Shea Gaza, Esquire
`Samantha G. Wilson, Esquire
`YOUNG CONAWAY STARGATT & TAYLOR, LLP
`100 North King Street
`Wilmington, DE 19801
`agaza@ycst.com
`swilson@ycst.com
`
`Attorneys for Defendants T-Mobile US, Inc.
`and T-Mobile USA, Inc.
`
`FOX ROTHSCHILD LLP
`
`/s/ Gregory B. Williams
`Gregory B. Williams (I.D. No. 4195)
`
`Page 11
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`Petitioners' Ex. 1037 - Page 11