Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 1 of 20 PageID #: 1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
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`v.
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`
`
`APPLE INC.
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`Plaintiff,
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`
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`
`
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`
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`Civil Action No. ________________
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`COMPLAINT
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`JURY TRIAL DEMANDED
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`¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ )
`ANDREA ELECTRONICS
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` )
`CORPORATION,
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`
` )
` )
` )
` )
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` )
` )
` )
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`Defendant.
`____________________________________ )
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`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Andrea Electronics Corporation (“Andrea” or “Plaintiff”), by and through its
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`counsel, Pepper Hamilton LLP, hereby submits its Complaint for Patent Infringement against
`
`defendant Apple Inc. (“Apple” or “Defendant”), and alleges as follows:
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`NATURE OF ACTION
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`1.
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`This is an action for patent infringement under the patent laws of the United
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`States, 35 U.S.C. §§ 271, et seq., to enjoin infringement and obtain damages resulting from
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`Defendant’s unauthorized and ongoing actions, in the state of New York and elsewhere, of
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`making, having made, using, selling, having sold, offering to sell, and/or importing or having
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`imported into the United States, desktop computers, all-in-one computers, notebook/laptop
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`computers, tablets, smart phones, headsets, headphones, earbuds, and wearables (e.g., watches)
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`that infringe one or more claims of Andrea’s U.S. Patent No. 6,049,607 (the “’607 Patent”), U.S.
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`Patent No. 6,363,345 (the “’345 Patent”), and U.S. Patent No. 6,377,637 (the “’637 Patent”)
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`(collectively, the “Asserted Patents”).
`
`2.
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`This is an action for direct infringement. Upon information and belief, Defendant
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`makes, has made, uses, sells, offers to sell, imports, and/or has imported into the United States
`
`
`
`
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 1
`
`

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`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 2 of 20 PageID #: 2
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`certain desktop computers, all-in-one computers, notebook/laptop computers, tablets, smart
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`phones, headsets, headphones, earbuds, and wearables that infringe one or more of the Asserted
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`Patents, either literally or under the doctrine of equivalents.
`
`3.
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`In addition, this is an action for indirect infringement. Upon information and
`
`belief, Defendant contributes to or induces the direct infringement, either literally or under the
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`doctrine of equivalents, of one or more claims in the Asserted Patents.
`
`4.
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`Andrea asserts that Defendant infringes the following claims:
`
`Asserted Patent Asserted Claims
`‘607
`1-12 and 25-37
`‘345
`1-25, 38-40, and 42-47
`‘637
`1-14
`
`
`THE PARTIES
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`Plaintiff Andrea
`
`Plaintiff Andrea is a corporation organized and existing under the laws of the state
`
`A.
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`5.
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`of New York with its principal place of business at 620 Johnson Avenue, Suite 1B, Bohemia,
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`New York 11716.
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`6.
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`Andrea is a publicly-held company with its corporate headquarters located in
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`Bohemia, New York. Andrea engages in substantial engineering, research, and development
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`related to audio technology and has developed microphone hardware and software that provides
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`solutions to current sound fidelity challenges.
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`7.
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`Andrea has a decorated history as a leading industry developer of product
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`solutions which optimize the performance of voice user interfaces. Its technology has been
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`applied to products related to, among other things, voice over internet protocol (“VoIP”)
`
`
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`-2-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 2
`
`

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`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 3 of 20 PageID #: 3
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`telephony, VoIP teleconferencing, video conferencing, speech recognition, computer gaming, in-
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`car computing, and 3D audio recording.
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`8.
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`The leadership of Andrea has spanned three familial generations and over 80
`
`years. Andrea’s products are featured in the Henry Ford Museum and Smithsonian National
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`Museum of American History.
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`9.
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`In the early 1900s, Frank Andrea, an Italian immigrant, started his business
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`career. He began as an electroplater for I.P. Frink manufacturing company and studied at night
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`as a tool maker and machinist at the Mechanic’s Institute in New York City. In 1913 he joined
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`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
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`started his own company, FADA.
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`10.
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`As founder of FADA, Mr. Andrea employed his family members, including his
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`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.
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`11.
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`After selling his controlling interest in FADA, Mr. Andrea founded the Andrea
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`Radio Corporation (“Andrea Radio”), whose product offerings evolved over time. In 1939,
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`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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`
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`-3-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 3
`
`

`
`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 4 of 20 PageID #: 4
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`12.
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`During the Second World War, Andrea Radio also engaged in the production of
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`military electronics. In 1942, Andrea Radio was presented with the prestigious high honors
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`Navy E Award for manufacturing excellence and providing military audio communications
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`equipment. In the early 1960s, Andrea Radio developed and produced several types of high
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`reliability intercommunication systems for installation in various military and commercial
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`aircraft. Andrea Radio produced the audio intercom system for Project Mercury’s first manned
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`spacecraft.
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`13. Mr. Andrea passed away in 1965, leaving his son, Frank Jr., to continue the
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`Andrea business.
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`14.
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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
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`Helicopter, Boeing, Sikorsky, and Lockheed, prompting Andrea Radio to change its name to
`
`Andrea Electronics Corporation. Andrea produced microphone audio pre-amplifiers for Navy
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`aviators’ oxygen mask helmet systems. The experience gained from producing audio intercom
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`systems for these high noise environments paved the way for Andrea’s emphasis on active noise
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`cancellation.
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`15.
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`Product development continued in the 1990s with Andrea producing the first
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`Active Noise Canceling boom microphone computer headset for deployment with computer
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`speech recognition. Andrea shipped millions of headsets and microphone products to software
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`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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`
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`-4-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 4
`
`

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`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 5 of 20 PageID #: 5
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`16.
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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
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`in police cruisers. In 2002, Andrea revolutionized personal computer audio input by introducing
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`the first stereo array microphone interface for integrated audio codecs. By the late 2000s,
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`Andrea had shipped over one million SuperBeam stereo array microphones, and millions of
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`DSDA stereo array microphone and EchoStop speakerphone products.
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`17.
`
`Andrea has continued its innovation and offers microphone and earphone
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`technologies designed to enhance sound quality. Andrea, now led by Frank Andrea’s grandson,
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`Douglas Andrea, successfully transformed itself from a manufacturer of industrial and military
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`intercommunication systems into a creator of cutting-edge audio technologies. Andrea
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`incorporates its patented technologies to enable natural language interfaces and enhance the
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`performance of voice-related applications.
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`18.
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`Today, Andrea offers a variety of products incorporating its technologies such as
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`printed circuit boards, microphones, software algorithms, and related products. Since its
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`inception, Andrea has gone through a remarkable evolution as an audio technology leader,
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`meeting the ever-changing needs of a demanding audio communications marketplace.
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`19.
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`As a result of the convergence between computers and communication devices, a
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`new generation of connected mobile devices is becoming pervasive. Andrea has developed and
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`continues developing new products incorporating its technologies to enhance the user experience
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`of mainstream applications such as speech recognition, VoIP/ video conferencing, distance
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`learning, enterprise collaboration, game chat, and live digital audio recordings.
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`20.
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`In addition to its own significant engineering, research, and development into
`
`audio processing technologies, Andrea also worked extensively with Lamar Signal Processing
`
`
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`-5-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 5
`
`

`
`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 6 of 20 PageID #: 6
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`(“Lamar”). Andrea eventually acquired substantially all of the assets of Lamar in 1998 such that
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`Lamar became an Andrea subsidiary. In the early 2000s, Andrea began licensing its software
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`algorithms in a number of industries, including the personal computer industry, and these
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`algorithms have now shipped on well over 600 million personal computers from 2002 to the
`
`present.
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`21.
`
`Andrea and Lamar’s efforts resulted in approximately thirty (30) issued United
`
`States utility and design patents, including fourteen (14) currently-effective United States utility
`
`patents owned by Andrea, including the Asserted Patents. Andrea’s development efforts also
`
`include at least one (1) currently-pending United States patent application directed to Andrea’s
`
`audio processing technology.
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`22.
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`Andrea has made concerted efforts to deliver its patented technology and products
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`to a number of customers and has made significant contributions towards developing its
`
`technology for use across a broad spectrum of industries. Andrea’s continued success and
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`investments in advancing its proprietary audio processing technology depends, in part, on its
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`ability to establish, maintain, and protect this proprietary technology through enforcement of its
`
`patent rights.
`
`B.
`
`23.
`
`Defendant Apple
`
`Upon information and belief, Apple Inc. is a corporation organized and existing
`
`under the laws of the state of California, with its principal place of business at 1 Infinite Loop,
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`Cupertino, California 95014. Apple Inc. may be served through its registered agent for service
`
`of process, CT Corporation System, 818 West Seventh Street, Suite 930, Los Angeles, CA
`
`90017.
`
`
`
`-6-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 6
`
`

`
`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 7 of 20 PageID #: 7
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`JURISDICTION AND VENUE
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`24.
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`Upon information and belief, Defendant is subject to personal jurisdiction in the
`
`Eastern District of New York because it regularly transacts business in this judicial district and
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`engages in continuous and systematic contact with New York. Defendant offers products to
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`customers, business affiliates, and/or partners located in this judicial district. In addition,
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`Defendant has committed acts of infringement of one or more claims of each of the Asserted
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`Patents in this judicial district. Infringing products made and sold by Defendant including, but
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`not limited to, desktop computers, all-in-one computers, notebook/laptop computers, tablets,
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`smart phones, headsets, headphones, earbuds, and wearables, are widely advertised in New York
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`and are readily available at numerous retail locations throughout the state, including within the
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`Eastern District of New York. Upon information and belief, Defendant makes ongoing and
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`continuous shipments of infringing products into the Eastern District of New York and maintains
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`an established sales and distribution network that encompasses New York. Infringing products
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`are manufactured by Defendant, or at its direction, and are used or consumed within this State in
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`the ordinary course of trade.
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`25.
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`For example, Defendant maintains a website offering for sale and selling
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`infringing products into this judicial district. (http://www.apple.com/.) Additionally, Defendant
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`maintains Apple retail stores selling infringing products throughout the state of New York and in
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`this judicial district, including a recently opened store in Brooklyn, New York and stores in
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`Garden City, Huntington Station, Lake Grove, and Manhasset, all on Long Island.
`
`26.
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`Further, Defendant has previously brought and actively participated in suit in this
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`jurisdiction, submitting to personal jurisdiction in this court. See Apple Inc. v. Apple Story Inc.,
`
`et al, Case No. 1:11-cv-03550-KAM-MDG (2011).
`
`
`
`-7-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 7
`
`

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`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 8 of 20 PageID #: 8
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`27.
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`Finally, Defendant maintains at least one corporate office in New York, New
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`York.
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`28.
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`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 Defendant is subject to personal jurisdiction in
`
`this district and has committed acts of infringement in this district. Additionally, Plaintiff’s
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`principal place of business is located in this judicial district.
`
`COUNT I
`
`(Infringement of the ’607 Patent)
`
`29.
`
`30.
`
`Paragraphs 1 through 28 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 1
`
`and made part hereof.
`
`31.
`
`Andrea is the assignee and owner of 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.
`
`32.
`
`The ’607 Patent generally relates to an interference canceling method and
`
`apparatus.
`
`33.
`
`Upon information and belief, Defendant – without authority, consent, right, or
`
`license – manufactures, makes, has made, uses, sells, offers for sale, and/or imports into the
`
`United States certain desktop computers, all-in-one computers, notebook/laptop computers,
`
`tablets, smart phones, headsets, headphones, and earbuds that directly infringe, either literally
`
`
`
`-8-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 8
`
`

`
`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 9 of 20 PageID #: 9
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`and/or under the doctrine of equivalents, or enable the practice of, at least one claim of the ’607
`
`Patent.
`
`34.
`
`For example, Exhibit 2 includes a chart comparing the asserted independent
`
`claims of the ’607 Patent to Defendant’s iPhone 6S product. Exhibit 2 shows that the iPhone 6S
`
`product and its use are covered by at least the asserted independent claims of the ’607 Patent.
`
`The iPhone 6S is a representative example of Defendant’s infringement of the ’607 Patent.
`
`Andrea believes that Defendant’s devices in addition to the iPhone 6S product, including
`
`Defendant’s desktop computers, all-in-one computers, notebook/laptop computers, tablets, other
`
`smart phones, headsets, headphones, and earbuds, and their uses, are covered by at least one of
`
`the Asserted Claims of the ’607 Patent.
`
`35.
`
`In addition to the iPhone 6S directly infringing at least one of the Asserted Claims
`
`of the ’607 Patent, as does its use, as shown in Exhibit 2, Andrea also believes that Defendant’s
`
`desktop computers, all-in-one computers, notebook/laptop computers, tablets, other smart
`
`phones, headsets, headphones, and earbuds infringe the Asserted Claims of the ’607 Patent in a
`
`similar manner. Andrea intends to and does accuse such products of infringement and seeks
`
`injunctive and monetary relief against Defendant’s infringement with respect to these products as
`
`well.
`
`36.
`
`Further, upon information and belief, Defendant has also indirectly infringed at
`
`least one claim of the ’607 Patent by inducing infringement.
`
`37.
`
`Defendant has been aware of the ’607 Patent and of Andrea’s allegations of
`
`infringement since at least being sent a notice letter by Andrea’s counsel on May 13, 2015.
`
`Additionally Defendant 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 IV below.
`
`
`
`-9-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 9
`
`

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`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 10 of 20 PageID #: 10
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`38.
`
`Despite Defendant’s awareness of the ’607 Patent and Andrea’s allegations, it has
`
`knowingly and actively induced others to infringe the ’607 Patent by selling desktop computers,
`
`all-in-one computers, notebook/laptop computers, tablets, smart phones, headsets, headphones,
`
`and earbuds which induce the direct infringement of at least one of the claims of the ’607 Patent
`
`by end-users – for example, customers. Upon information and belief, at least one customer has
`
`directly infringed one or more claims of Andrea’s ’607 Patent.
`
`39.
`
`Defendant has provided and continues to provide user interfaces whereby users
`
`can enable or disable the audio processing functionalities described and claimed in the ’607
`
`Patent. For example, such a user interface is found on the iPhone 6S product.1 (See, e.g.,
`
`Exhibit 3.) As shown for the representative iPhone 6S product (Exhibit 2), Defendant’s audio
`
`processing implementation reduces or eliminates interference in a manner that infringes the
`
`claims of the ’607 Patent. At least by providing users such functionality, Defendant has induced
`
`and is actively inducing use of that functionality and infringement of at least one claim of
`
`Andrea’s ’607 Patent.
`
`40.
`
`Further, upon information and belief, Defendant has also indirectly infringed at
`
`least one of the claims of the ’607 Patent by contributing to infringement.
`
`41.
`
`The audio processing hardware and/or software in Defendant’s desktop
`
`computers, all-in-one computers, notebook/laptop computers, tablets, smart phones, headsets,
`
`headphones, and earbuds are made solely for the purpose of reducing or eliminating interference
`
`from voice and/or other audio signals in a manner that infringes at least one claim of the ’607
`
`Patent. Further, this hardware and/or software is especially made and/or especially adapted for
`
`
`1 For avoidance of doubt, Andrea provides Defendant’s user interface as an exemplary
`way by which Defendant induces infringement of the ’607 Patent. None of Andrea’s
`infringement allegations are limited to Defendant’s user interface.
`
`
`
`-10-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 10
`
`

`
`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 11 of 20 PageID #: 11
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`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 desktop computers, all-in-one
`
`computers, notebook/laptop computers, tablets, smart phones, headsets, headphones, and earbuds
`
`containing this hardware and/or software, Defendant has contributed to the infringement of the
`
`’607 Patent by end-users – for example, customers – who use said hardware and/or software
`
`provided in Defendant’s desktop computers, all-in-one computers, notebook/laptop computers,
`
`tablets, smart phones, headsets, headphones, and earbuds.
`
`42.
`
`As a result of Defendant’s 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, Defendant will continue its infringement of the ’607
`
`Patent unless enjoined by the Court. Defendant’s infringing conduct has caused Andrea
`
`irreparable harm and will continue to cause such harm without the issuance of an injunction.
`
`COUNT II
`
`(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 4 and made part hereof.
`
`46.
`
`Andrea is the assignee and owner of 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.
`
`
`
`-11-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 11
`
`

`
`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 12 of 20 PageID #: 12
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`47.
`
`48.
`
`The ’345 Patent generally relates to noise cancellation and reduction.
`
`Upon information and belief, Defendant – without authority, consent, right, or
`
`license – manufactures, makes, has made, uses, sells, offers for sale, and/or imports into the
`
`United States certain desktop computers, all-in-one computers, notebook/laptop computers,
`
`tablets, smart phones, headsets, headphones, earbuds, and wearables 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.
`
`49.
`
`For example, Exhibit 5 includes a chart comparing the asserted independent
`
`claims of the ’345 Patent to Defendant’s iPhone 6S product. Exhibit 5 shows that the iPhone 6S
`
`product and its use are covered by at least the asserted independent claims of the ’345 Patent.
`
`The iPhone 6S is a representative example of Defendant’s infringement of the ’345 Patent.
`
`Andrea believes that Defendant’s devices in addition to the iPhone 6S product, including
`
`Defendant’s desktop computers, all-in-one computers, notebook/laptop computers, tablets, other
`
`smart phones, headsets, headphones, earbuds, and wearables, and their uses, are covered by at
`
`least one of the Asserted Claims of the ’345 Patent.
`
`50.
`
`In addition to the iPhone 6S directly infringing at least one of the Asserted Claims
`
`of the ’345 Patent, as does its use, as shown in Exhibit 5, Andrea also believes that Defendant’s
`
`desktop computers, all-in-one computers, notebook/laptop computers, tablets, other smart
`
`phones, headsets, headphones, earbuds, and wearables infringe the Asserted Claims of the ’345
`
`Patent in a similar manner. Andrea intends to and does accuse such products of infringement
`
`and seeks injunctive and monetary relief against Defendant’s infringement with respect to these
`
`products as well.
`
`
`
`-12-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 12
`
`

`
`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 13 of 20 PageID #: 13
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`51.
`
`Further, upon information and belief, Defendant has also indirectly infringed at
`
`least one claim of the ’345 Patent by inducing infringement.
`
`52.
`
`Defendant has been aware of the ’345 Patent and of Andrea’s allegations of
`
`infringement since at least being sent a notice letter by Andrea’s counsel on May 13, 2015.
`
`Additionally Defendant 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 IV below.
`
`53.
`
`Despite Defendant’s awareness of the ’345 Patent and Andrea’s allegations, it has
`
`knowingly and actively induced others to infringe the ’345 Patent by selling desktop computers,
`
`all-in-one computers, notebook/laptop computers, tablets, smart phones, headsets, headphones,
`
`earbuds, and wearables which induce the direct infringement of at least one of the claims of the
`
`’345 Patent by end-users – for example, customers. Upon information and belief, at least one
`
`customer has directly infringed one or more claims of Andrea’s ’345 Patent.
`
`54.
`
`Defendant has provided and continues to provide user interfaces whereby users
`
`can enable or disable the audio processing functionalities described and claimed in the ’345
`
`Patent. For example, such a user interface is found on the iPhone 6S product.2 (See, e.g.,
`
`Exhibit 3.) As shown for the representative iPhone 6S product (Exhibit 5), Defendant’s audio
`
`processing implementation reduces or eliminates noise in a manner that infringes the claims of
`
`the ’345 Patent. At least by providing users such functionality, Defendant has induced and is
`
`actively inducing use of that functionality and infringement of at least one claim of Andrea’s
`
`’345 Patent.
`
`
`2 For avoidance of doubt, Andrea provides Defendant’s user interface as an exemplary
`way by which Defendant induces infringement of the ’345 Patent. None of Andrea’s
`infringement allegations are limited to Defendant’s user interface.
`
`
`
`-13-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 13
`
`

`
`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 14 of 20 PageID #: 14
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`55.
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`Further, upon information and belief, Defendant has also indirectly infringed at
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`least one claim of the ’345 Patent by contributing to infringement.
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`56.
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`The audio processing hardware and/or software in Defendant’s desktop
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`computers, all-in-one computers, notebook/laptop computers, tablets, smart phones, headsets,
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`headphones, earbuds, and wearables are made solely for the purpose of reducing or eliminating
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`noise from voice and/or other audio signals in a manner that infringes at least one claim of the
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`’345 Patent. Further, this hardware and/or software is especially made and/or especially adapted
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`for use in the infringement of Andrea’s ’345 Patent, is not a staple commodity of commerce, and
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`is not suitable for substantial non-infringing use. By selling desktop computers, all-in-one
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`computers, notebook/laptop computers, tablets, smart phones, headsets, headphones, earbuds,
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`and wearables containing this hardware and/or software, Defendant has contributed to the
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`infringement of the ’345 Patent by end-users – for example, customers – who use said hardware
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`and/or software provided in Defendant’s desktop computers, all-in-one computers,
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`notebook/laptop computers, tablets, smart phones, headsets, headphones, earbuds, and wearables.
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`57.
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`As a result of Defendant’s 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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`58.
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`Upon information and belief, Defendant will continue its infringement of the ’345
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`Patent unless enjoined by the Court. Defendant’s infringing conduct has caused Andrea
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`irreparable harm and will continue to cause such harm without the issuance of an injunction.
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`COUNT III
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`(Infringement of the ’637 Patent)
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`59.
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`Paragraphs 1 through 58 are incorporated by reference as if fully restated herein.
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`
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`-14-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 14
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`

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`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 15 of 20 PageID #: 15
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`60.
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`On April 23, 2002, United States Patent No. 6,377,637 (the “’637 Patent”) was
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`duly and legally issued for “Sub-Band Exponential Smoothing Noise Canceling System.” The
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`’637 Patent is in full force and effect. A true and correct copy of the ’637 Patent is attached
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`hereto as Exhibit 6 and made part hereof.
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`61.
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`Andrea is the assignee and owner of the ’637 Patent with the exclusive right to
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`enforce the ’637 Patent against infringers and the exclusive right to collect damages for all
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`relevant times, including the right to prosecute this action.
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`62.
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`63.
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`The ’637 Patent generally relates to noise cancellation and reduction.
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`Upon information and belief, Defendant – without authority, consent, right, or
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`license – manufactures, makes, has made, uses, sells, offers for sale, and/or imports into the
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`United States certain desktop computers, all-in-one computers, notebook/laptop computers,
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`tablets, smart phones, headsets, headphones, earbuds, and wearables that directly infringe, either
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`literally and/or under the doctrine of equivalents, or enable the practice of, at least one claim of
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`the ’637 Patent.
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`64.
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`For example, Exhibit 7 includes a chart comparing the asserted independent
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`claims of the ’637 Patent to Defendant’s iPhone 6S product. Exhibit 7 shows that the iPhone 6S
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`product and its use are covered by at least the asserted independent claims of the ’637 Patent.
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`The iPhone 6S is a representative example of Defendant’s infringement of the ’637 Patent.
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`Andrea believes that Defendant’s devices in addition to the iPhone 6S product, including
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`Defendant’s desktop computers, all-in-one computers, notebook/laptop computers, tablets, other
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`smart phones, headsets, headphones, earbuds, and wearables, and their uses, are covered by at
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`least one of the Asserted Claims of the ’637 Patent.
`
`
`
`-15-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 15
`
`

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`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 16 of 20 PageID #: 16
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`65.
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`In addition to the iPhone 6S directly infringing at least one of the Asserted Claims
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`of the ’637 Patent, as does its use, as shown in Exhibit 7, Andrea also believes that Defendant’s
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`desktop computers, all-in-one computers, notebook/laptop computers, tablets, other smart
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`phones, headsets, headphones, earbuds, and wearables infringe the Asserted Claims of the ’637
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`Patent in a similar manner. Andrea intends to and does accuse such products of infringement
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`and seeks injunctive and monetary relief against Defendant’s infringement with respect to these
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`products as well.
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`66.
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`Further, upon information and belief, Defendant has also indirectly infringed at
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`least one claim of the ’637 Patent by inducing infringement.
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`67.
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`Defendant has been aware of the ’637 Patent and of Andrea’s allegations of
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`infringement since at least being sent a notice letter by Andrea’s counsel on May 13, 2015.
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`Additionally Defendant had constructive notice of the ’637 patent prior to the filing of this
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`Complaint by virtue of Andrea’s marking practice, as set forth in Count IV below.
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`68.
`
`Despite Defendant’s awareness of the ’637 Patent and Andrea’s allegations, it has
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`knowingly and actively induced others to infringe the ’637 Patent by selling desktop computers,
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`all-in-one computers, notebook/laptop computers, tablets, smart phones, headsets, headphones,
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`earbuds, and wearables which induce the direct infringement of at least one claim of the ’637
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`Patent by end-users – for example, customers. Upon information and belief, at least one
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`customer has directly infringed one or more claims of Andrea’s ’637 Patent.
`
`69.
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`Defendant has provided and continues to provide user interfaces whereby users
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`can enable or disable the audio processing functionalities described and claimed in the ’637
`
`
`
`-16-
`
`
`Petitioner Apple Inc.
`
`Ex. 1017, p. 16
`
`

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`Case 2:16-cv-05220-JMA-SIL Document 1 Filed 09/19/16 Page 17 of 20 PageID #: 17
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`Patent. For example, such a user interface is found on the iPhone 6S product.3 (See, e.g.,
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`Exhibit 3.) As shown for the representative iPhone 6S product (Exhibit 7), Defendant’s audio
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`processing implementation reduces or eliminates noise in a manner that infringes th