Case 6:17-cv—00567 Document 1 Filed 10/10/17 Page 1 of 29 PagelD #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`REALTIME ADAPTIVE STREAMING
`
`LLC,
`
`Plaintiff,
`
`V.
`
`
`
`
`
`
`
`
`
`Case No. 6:17—cv—567
`
`JURY TRIAL DEMANDED
`
`ECHOSTAR TECHNOLOGIES L.L.C.,
`
`DISH NETWORK L.L.C., AND ARRIS
`
`GROUP, INC.,
`
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`This is an action for patent infringement arising under the Patent Laws of the
`
`United States of America, 35 U.S.C. § 1 et seq.
`
`in which Plaintiff Realtime Adaptive
`
`Streaming LLC (“Plaintiff’ or “Realtime”) makes the following allegations against
`
`Defendants EchoStar Technologies, L.L.C., DISH Network L.L.C., and Arris Group,
`
`Inc.:
`
`was
`
`1.
`
`Realtime is a Texas limited liability company. Realtime has a place of
`
`business at 1828 E.S.E. Loop 323, Tyler, Texas 75701. Realtime has researched and
`
`developed specific solutions for data compression, including, for example, those that
`
`increase the speeds at which data can be stored and accessed. As recognition of its
`
`innovations rooted in this technological field, Realtime holds multiple United States
`
`patents and pending patent applications
`
`2.
`
`On information and belief, EchoStar Technologies, LLC. is a Texas
`
`limited liability company with its principal place of business at 11717 Exploration Lane,
`
`Germantown, MD 20876 and a regular and established place of business at 10303 E
`
`DISH 1031
`
`Sling TV v. Realtime
`|PR2018-01332
`
`DISH 1031
`Sling TV v. Realtime
`IPR2018-01332
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 2 of 29 PagelD #: 2
`
`Bankhead Hwy # 100, Aledo, TX 76008. See, e.g., htgps:ffwww.yellowgagescomfaledo-
`
`txfmipfechostar—satellite-l 1408900. Upon information and belief, EchoStar Technologies,
`
`L.L.C. has a regular and established place of business in this District. On information
`
`and belief, EchoStar Technologies, L.L.C. can be served through its registered agent,
`
`Corporation Service Company D/B/A CSC-Lawyers Inc., 211 E. 7th Street Suite 620,
`
`Austin, TX 78701. EchoStar Technologies LLC is an indirect subsidiary of DISH
`
`Networks LLC. EchoStar Technologies LLC designs the set-top boxes used to deliver
`
`the DISH TV service.
`
`3.
`
`On information and belief, Defendant DISH Network L.L.C. (“DISH”) is
`
`a Colorado limited liability company with its principal office at 9601 S. Meridian Blvd.,
`
`Englewood, CO 80112 and a regular and established place of business at 1211 Broad St,
`
`Wichita Falls, TX 76301.
`
`See, e.g., httpsflwww.mapguest.c‘om/usftexasfbusiness—
`
`Wichita-fallstISH-tv-9269051. Upon information and belief, DISH Network L.L.C.
`
`has
`
`a regular and established place of business
`
`in this District. See,
`
`e.g.,
`
`htms:flwww.DISI-I.comiavailabilityftxfbeaumont
`
`(“Get DISH TV Programming in
`
`Beaumont, Texas”). On information and belief, Defendant DISH Network L.L.C.
`
`conducts business throughout
`
`the United States,
`
`including in this District.
`
`On
`
`information and belief, DISH can be served through its registered agent, R. Dodge
`
`Stanton, 9601 S. Meridian B1vd., Englewood, CO 80112. EchoStar Technologies, L.L.C.
`
`and DISH Network L.L.C. are hereinafter referred to collectively as “DISH” or “Dish”.
`
`4.
`
`On information and belief, Defendant Arris Group, Inc. (“Arris”) is a
`
`Delaware Corporation with its principal office at 3871 Lakefield Drive, Suwanee, GA,
`
`30024. On information and belief, Arris maintains a regular and established place of
`
`business in this District, for example, at 101 E Park Blvd, Plano, TX 75074. See, e.g.,
`
`http:h’www.buzzfile.comfbusinesszrris—Group,-Inc.—972-S46-1700. On information and
`
`belief, Arris maintains a regular and established place of business at 4516 Seton Center
`
`Pkwy, Suite 185, Austin, TX 78759. See, e.g., hfip:z’fwww.Aniscom/companyfofficesf.
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 3 of 29 PageID #: 3
`
`On information and belief, Defendant Arris conducts business throughout the United
`
`States, including in this District. On information and belief, Arris can be served through
`
`its registered agent, Corporation Service Company, 40 Technology Pkwy South, #300,
`
`Norcross, GA 30092.
`
`5.
`
`On information and belief, EchoStar, and DISH promotes and offers for
`
`sale DISH and Sling-branded products and services which infringe certain asserted
`
`patents. Accordingly, each of the Defendants is properly joined in this action pursuant to
`
`35 U.S.C. § 299.
`
`6.
`
`On information and belief, Arris sells and offers for sale products and
`
`services incorporating technology from Sling Media which infringes certain asserted
`
`patents. Accordingly, Arris is properly joined in this action pursuant to 35 U.S.C. § 299.
`
`JURISDICTION AND VENUE
`
`7.
`
`This action arises under the patent laws of the United States, Title 35 of
`
`the United States Code. This Court has original subject matter jurisdiction pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`8.
`
`This Court has personal jurisdiction over EchoStar Technologies L.L.C. in
`
`this action because EchoStar Technologies L.L.C. has committed acts within the Eastern
`
`District of Texas giving rise to this action and has established minimum contacts with this
`
`forum such that the exercise ofjurisdiction over EchoStar Technologies L.L.C. would not
`
`offend traditional notions of fair play and substantial justice. EchoStar Technologies
`
`L.L.C. directly and through subsidiaries (including DISH) or intermediaries (including
`
`distributors, retailers, and others), has committed and continues to commit acts of
`
`infringement in this District by, among other things, offering to sell and selling products
`
`and/or services that infringe the asserted patents.
`
`In addition, EchoStar Technologies
`
`L.L.C.
`
`is incorporated under the laws of the state of Texas.
`
`Furthermore, upon
`
`information and belief, EchoStar Technologies L.L.C. has a regular and established place
`
`of business at 10303 E Bankhead Hwy # 100, Aledo, TX 76008.
`
`See, e.g.,
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 4 of 29 PageID #: 4
`
`htms:ffwwwyellowpages.corn/aledo—txx’mipfechostar—satellite-l 1408900.
`
`Upon
`
`information and belief, EchoStar Technologies L.L.C. has a regular and established place
`
`of business in this District.
`
`9.
`
`This Court has personal jurisdiction over DISH Network L.L.C. in this
`
`action because DISH Network L.L.C. has committed acts within the Eastern District of
`
`Texas giving rise to this action and has established minimum contacts with this forum
`
`such that the exercise of jurisdiction over DISH Network L.L.C. would not offend
`
`traditional notions of fair play and substantial justice. DISH Network L.L.C. directly
`
`and/or through subsidiaries (including one or more of the named Co-Defendants) or
`
`intermediaries (including distributors, retailers, and others), has committed and continues
`
`to commit acts of infringement in this District by, among other things, offering to sell and
`
`selling products and/or services that infringe the asserted patents. For example, DISH
`
`Network L.L.C. advertises, “Get DISH TV Programming in Beaumont, Texas”. See, e.g.,
`
`ht_tps:waww.DISI-I.comfavailabilityftx/beaumont. Upon information and belief, DISH
`
`has a regular and established place of business at 1211 Broad St, Wichita Falls, TX
`
`76301.
`
`See, e.g., httpsflwww.mapguest.corn/us/texas/business-wichita-falls/DISH—tv—
`
`9269051.
`
`Upon information and belief, DISH Network L.L.C. has a regular and
`
`established
`
`place
`
`of
`
`business
`
`in
`
`this
`
`District.
`
`See,
`
`e.g.,
`
`httpsn’fwww.DISH.com/availability/txfbeaumont
`
`(“Get DISH TV Programming in
`
`Beaumont, Texas”).
`
`10.
`
`This Court has personal jurisdiction over Arris Group, Inc. in this action
`
`because Arris Group, Inc. has committed acts within the Eastern District of Texas giving
`
`rise to this action and has established minimum contacts with this forum such that the
`
`exercise ofjurisdiction over Arris Group, Inc. would not offend traditional notions of fair
`
`play and substantial justice. Arris Group,
`
`Inc. directly and/or through subsidiaries
`
`(including one or more of the named Co-Defendants) or intermediaries (including
`
`distributors, retailers, and others), has committed and continues to commit acts of
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 5 of 29 PagelD #: 5
`
`infringement in this District by, among other things, offering to sell and selling products
`
`and/or services that infringe the asserted patents. On information and belief, Arris
`
`maintains a regular and established place of business in this District, for example, at 101
`
`E Park Blvd, Plano, TX 75074.
`
`See, e.g., hfip:wawbuzzfile.comfbusinesszrris-
`
`Groug,-Inc.-972—546-1700. On information and belief, Arris also maintains a regular and
`
`established place of business at 4516 Seton Center Pkwy, Suite 185, Austin, TX 78759.
`
`See, e.g., http:ffwww.Arriscomfcompanylofficesfi
`
`11.
`
`Venue is proper in this district under 28 U.S.C. §§ 1391(b), 1391(0) and
`
`1400(b). Defendant Echostar Technologies L.L.C.
`
`is incorporated in Texas. Upon
`
`information and belief, all Defendants have transacted business in the Eastern District of
`
`Texas and have committed acts of direct and indirect infringement in the Eastern District
`
`of Texas. In addition, Echostar maintains an Uplink & Broadcast Center in Texas located
`
`at
`
`710
`
`Conrads
`
`Ln. ,
`
`New
`
`Braunfels,
`
`TX
`
`78130.
`
`See
`
`ht_tp:Hwww.echostar.comfcompanyflocationsaspx. In addition, on information and belief,
`
`EchoStar has a regular and established place of business at 10303 E Bankhead Hwy #
`
`100, Aledo, TX 76008. See, e.g., httpszflwww.yellowpages.conflaledo-txfimipfechostar-
`
`satellite-1 1408900. On information and belief, DISH has regular and established places
`
`of business in this District. For example, DISH advertises, “Get DISH TV Programming
`
`in Beaumont, Texas”. See, e.g., hgtps:r'fwww.DISI-l.comfavailabilityftxfbeaumont. On
`
`information and belief, Arris maintains a place of business in this District at 101 E Park
`
`Blvd, Plano, TX 75074. See, e.g., httpflwww.buzzfile.comfbusinesszrris—Group,-Inc.-
`
`972-546-1700. On information and belief, Arris also maintains a regular and established
`
`place of business at 4516 Seton Center Pkwy, Suite 185, Austin, TX 78759.
`
`See, e.g.,
`
`htgp:lfwww.An-iscoma’companyr’officesf.
`
`ASSERTED PATENTS
`
`12.
`
`The asserted patents are US. Patent Nos. 8,867,610 (“the ‘610 Patent”)
`
`and 8,934,535 (“the ‘535 patent”) (collectively, “Asserted Patents”).
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 6 of 29 PagelD #: 6
`
`13.
`
`The Asserted Patents have been cited as prior art during the prosecution of
`
`at least 400 patent applications of Realtime and other companies. Those other companies
`
`include well-known technology companies such as: Quantum, Fujitsu, IBM, Seagate,
`
`STMicroelectronics, Cisco, LSI, Skyfire Labs, Chicago Mercantile Exchange, Thomson
`
`Reuters, OSR Open Systems Resources, Exegy, RIM, Renesas, Red Hat, Xerox, and
`
`Microsoft.
`
`COUNT I
`
`INFRINGEMENT 0F U.S. PATENT N0. 8,867,610
`
`14.
`
`Plaintiff Realtime realleges and incorporates by reference the foregoing
`
`paragraphs above, as if fully set forth herein.
`
`15.
`
`Plaintiff Realtime is the owner by assignment of United States Patent No.
`
`8,867,610 (“the ‘610 Patent”) entitled “System and methods for video and audio data
`
`distribution.” The ‘610 Patent was duly and legally issued by the United States Patent
`
`and Trademark Office on October 21, 2014. A true and correct copy of the ‘610 Patent is
`
`included as Exhibit A.
`
`16.
`
`On information and belief, DISH has made, used, offered for sale, sold
`
`and/or imported into the United States DISH products and services that infringe the ‘610
`
`patent, and continues to do so. By way of illustrative example, these infringing products
`
`include, without limitation, DISH’s streaming video products and services compliant with
`
`various versions of the H.264 Video compression standard, such as, e.g., the DISH TV
`
`service, and all versions and variations thereof since the issuance of the ‘610 patent
`
`(“DISH
`
`Accused
`
`Instrumentalities”).
`
`See,
`
`e. g. ,
`
`hgps:lz‘fomm.DISH.comfviewtopic.php?t=9864&p_=58341
`
`(“[S]atellite
`
`services
`
`(e.g.,
`
`DirecTV, XstreamHD and DISH Network) utilize the 1080p/24—3O format with MPEG-4
`
`AVC/H.264 encoding for pay—per-View movies that are downloaded in advance via
`
`satellite or on—demand via broadband”); 13th:fr'www.satelliteguys.usfxenftlreadsr’hd-
`
`bitrate-is-under-S-mb-s-for—most—channels-is-this-con‘ect256211f (“For HD video DN
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 7 of 29 PagelD #: 7
`
`exclusively uses H.264 compression (sometimes ambiguously referred to here as MPEG-
`
`4, as there is more than one MPEG-4 video compression format). H.264 is about 2X more
`
`efficient than MPEG-2 for the same video quality”).
`
`17.
`
`On information and belief, Arris has made, used, offered for sale, sold
`
`and/or imported into the United States Arris products and services that infringe the ‘610
`
`patent, and continues to do so. By way of illustrative example, these infringing products
`
`include, without limitation, Arris’s streaming video products and services compliant with
`
`various versions of the H.264 Video compression standard, such as, e. g., Arris M84000,
`
`and all versions and variations thereof since the issuance of the ‘610 patent (“Accused
`
`Instrumentalities”).
`
`See, e. g., hfipzflwww.Arriscomfproductsfmedia-streamer-ms4000i
`
`(“Transcode to H.264 with adaptive bitrate up to 4 Live/DVR streams”).
`
`18.
`
`On information and belief, each of DISH and Arris has directly infringed
`
`and continues to infringe the ‘610 patent, for example, through its own use and testing of
`
`the Accused Instrumentalities, which when used, practice the method claimed by Claim 1
`
`of the ‘610 patent, namely, a method, comprising: determining, a parameter or an
`
`attribute of at least a portion of a data block having video or audio data; selecting one or
`
`more compression algorithms from among a plurality of compression algorithms to apply
`
`to the at least the portion of the data block based upon the determined parameter or
`
`attribute and a throughput of a communication channel, at least one of the plurality of
`
`compression algorithms being asymmetric; and compressing the at least the portion of the
`
`data block with the selected compression algorithm after selecting the one or more
`
`compression algorithms.
`
`19.
`
`The DISH Accused Instrumentalities determine a parameter of at least a
`
`portion of a video data block. Different parameters correspond with, for example,
`
`different moment to moment requirements, e.g., the degree of motion of a video data
`
`block at any given time. See, e.g., hgp:ffwww.satelliteguys.uslxenfthxeadslhd-bitrate-is-
`
`under—5«mb-s-for-most-channels—is-thjs-correct.25621ll (“Subtracting out the audio data
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 8 of 29 PageID #: 8
`
`rates, most of the DN HD channels clock in less than 4 Mbit/s for the video stream.
`
`However these rates are averages only. DN multiplexes several HD channels per
`
`transponder, and their comgressors can dynamically allocate higher or lower rates
`
`for each channel based on moment to moment rcguirements. A static scene on one
`
`channel would reguire far less than a high action scene on another. Still the data rates
`
`do not appear to change drastically and the average rate does appear to be a reasonable
`
`predictor of video quality. Furthermore DN reduces the resolution of a number of
`
`their HD channels from 1920x1080 to 1440x1080. This leads to a softer picture more
`
`amenable to higher compression”).
`
`20.
`
`The Sling TV Accused Instrumentalities determine a parameter of at least
`
`a portion of a video data block,
`
`e.g. based on different
`
`types of content.
`
`hgpsflr‘www.cuttingcordscomfhomeflo15K2z’9x’Sling-tv-technical-details
`
`(“First
`
`off,
`
`I
`
`found out that the streams were of differing quality depending on what channel you were
`
`watching. Sling has apparently tailored different encoding profiles to different {mes
`
`of content which is nice.
`
`Below I have listed the encoding profile that each channel is
`
`using. As you are probably aware, they are adaptive Quality and "lump between
`
`various Qualities degending on how much bandwidth is available at any given
`
`grid”).
`
`21.
`
`The Sling Media Accused Instrumentalities determine a parameter of at
`
`least a portion of a video data block. Different parameters are determined, for example,
`
`based
`
`on
`
`statistics
`
`observed
`
`by
`
`the
`
`Slingplayer
`
`client.
`
`See,
`
`e.g.,
`
`httpsflanswers.Slingboxcomfithrcadf3940 (“Sling Media believes their programming
`
`methodology choses the best encoding parameteres based on the statistics observed by
`
`the Slingplayer. You can see the statistics that it uses for the algorithim which
`
`dynamically choses the parameters by pressing [A1t]+[Shift]+[i] while connected to the
`
`Slingbox.”).
`
`22.
`
`The DISH Accused Instrumentalities select one or more compression
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 9 of 29 PagelD #: 9
`
`algorithms to apply to the at least the portion of the data block based upon the determined
`
`parameter or attribute and a throughput of a communications channel, at least one of the
`
`plurality
`
`of
`
`compression
`
`algorithms
`
`being
`
`asymmetric.
`
`See,
`
`e.g.,
`
`http:ffwwwsatelliteguys.usfxenfthreadslhd-bittate—is—under—S-mb-s—for-most-channels—is-
`
`this-correct.2562 1 ll (“Subtracting out the audio data rates, most of the DN HD channels
`
`clock in less than 4 Mbit/s for the video stream. However these rates are averages only.
`
`DN multiplexes several HD channels per transponder, and their comgressors can
`
`dynamically allocate higher or lower rates for each channel based on moment to
`
`moment reguirements. A static scene on one channel would reguire far less than a
`
`high action scene on another. Still the data rates do not appear to change drastically and
`
`the average rate does appear to be a reasonable predictor of video quality. Furthermore
`
`DN reduces the resolution of a number of their HD channels from 1920x1080 to
`
`1440x1080. This leads to a softer picture more amenable to higher compression”).
`
`23.
`
`The Sling TV Accused Instrumentalities select one or more compression
`
`algorithms to apply to the at least the portion of the data block based upon the determined
`
`parameter or attribute and a throughput of a communications channel, at least one of the
`
`plurality
`
`of
`
`compression
`
`algorithms
`
`being
`
`asymmetric.
`
`See,
`
`e.g.,
`
`hggs:waw.cuttingcordscomlhomeflo15f22‘9fSling-tv-technical-details
`
`(“First off,
`
`I
`
`found out that the streams were of differing quality depending on what channel you were
`
`watching. Sling has apparently tailored different encoding profiles to different types
`
`of content which is nice.
`
`Below I have listed the encoding profile that each channel is
`
`using. As you are probably aware, they are adaptive gualig and jump between
`
`various
`
`ualities de endin
`
`on how much bandwidth is available at an
`
`iven
`
`fine”).
`
`24.
`
`The Sling Media Accused Instrumentalities
`
`select one or more
`
`compression algorithms to apply to the at least the portion of the data block based upon
`
`the determined parameter or attribute and a throughput of a communications channel, at
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 10 of 29 PageID #: 10
`
`least one of the plurality of compression algorithms being asymmetric. See, e.g.,
`
`httpsflanswers.Slingbox.com!threadf3940 (“Sling Media believes their programming
`
`methodology choses the best encoding parameteres based on the statistics observed by
`
`the
`
`Slingplayer. You can see the statistics that it uses for the algorithim which
`
`dynamically choses the parameters by pressing [Alt]+[Shift]+[i] while connected to the
`
`Slingbox.”).
`
`25.
`
`Based on a throughput of the communications channel—reflected by the
`
`max video bitrate—and resolution parameter identified, any H.264-compliant system
`
`such as the Accused Instrumentalities would determine which profile (e.g., “baseline,”
`
`“extended,” “main”, or “high”) and/or which “level” within a profile (which corresponds,
`
`e.g., to a maximum picture resolution, frame rate, and bit rate) corresponds with that
`
`parameter, then select between at least two asymmetric compressors.
`
`If, for example,
`
`baseline or extended is the corresponding profile, then the system will select a Context-
`
`Adaptive Variable Length Coding (“CAVLC”) entropy encoder. If, for example, main or
`
`high is the corresponding profile, then the system will select a Context-Adaptive Binary
`
`Arithmetic Coding (“CABAC”) entropy encoder.
`
`Both encoders are asymmetric
`
`compressors because it takes a longer period of time for them to compress data than to
`
`decompress data. See httpsflsonnati.wordgresscomfloo7f]0f29/how-h-264-works-part-
`
`ii/
`
`10
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 11 of 29 PageID #: 11
`
`Baseline ‘ Extended Main
`
`I-llgh
`
`i ngh10
`
`1 and P Slices
`3 Slices
`SI and SP Slices
`
`Multiple Reference
`Frames
`
`In-Loop Deblocking Filter
`CAVLC Entropy Coding
`CABAC Entropy Coding
`flexible Macroblock
`Ordering (FMO)
`
`Arbitrary Sllee Ordering
`(A50)
`
`Redundant Slices (RS)
`Data Partitioning
`Interlaced Coding
`(PIeAFF, MBAFF)
`4:2:0 Chroma Format
`
`Monochrome Video
`Format (4:0:0)
`4:2:2 chroma Format
`4:4:4 Chroma Format
`
`8 Bit Sample Depth
`9 and 10 Bit Sample
`Depth
`
`11 to 14 Bit Sample
`Depth
`8x8 vs. 4x4 Transform
`Adaptivity
`
`Quantization Sealing
`Matrices
`
`Separate Cb and Cr QP
`control
`
`Separate Color Plane
`Coding
`Fredlctlve tossiess
`Coding
`
`Yes
`No
`No
`
`Yes
`
`1
`
`Yes
`‘ Yes
`No
`Yes
`
`Yes
`
`Yes
`No
`No
`
`Yes
`
`No
`
`No
`No
`
`Yes
`No
`
`No
`
`No
`
`No
`
`No
`
`No
`
`No
`
`Yes
`Yes
`Yes
`
`Yes
`
`Yes
`Yes
`No
`Yes
`
`Yes
`
`Yes
`Yes
`Yes
`
`Yes
`
`No
`
`No
`No
`
`Yes
`No
`
`No
`
`No
`
`No
`
`No
`
`No
`
`No
`
`Yes
`Yes
`No
`
`Yes
`
`Yes
`Yes
`Yes
`No
`
`No
`
`No
`No
`Yes
`
`Yes
`
`No
`
`No
`No
`
`Yes
`No
`
`No
`
`No
`
`No
`
`No
`
`No
`
`No
`
`Yes
`Yes
`No
`
`Yes
`
`Yes
`Yes
`Yes
`No
`
`No
`
`No
`No
`Yes
`
`Yes
`
`Yes
`
`No
`No
`
`Yes
`No
`
`No
`
`Yes
`
`Yes
`
`Yes
`
`No
`
`No
`
`Yes
`Yes
`No
`
`Yes
`
`Yes
`Yes
`Yes
`No
`
`No
`
`No
`No
`Yes
`
`Yes
`
`Yes
`
`No
`No
`
`Yes
`Yes
`
`No
`
`Yes
`
`Yes
`
`Yes
`
`No
`
`No
`
`See hm;:ffweh.cs.ucla.edufclassesr‘fa1103a’c5218fpapcr!H.264 MPEG4 Tutorial.pdf
`
`at 7:
`
`11
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 12 of 29 PagelD #: 12
`
`'lhe following table summarizes the two moior types ol entropy coding: Variable length
`Coding {VlCI and Conlexl Adaptive Binary Arithmetic Coding [CABAC]. CAEAC otters
`superior coding ellicioney over VlC by adapting to the changing probability distribution
`of symbols, by exploiting correlation ban-rear: symbols, and by adaptively exploiting bit
`correlations using nrilbrnellc coding. H.264 also supporls Context Adoptive Variable length
`Coding lCAViC} which offers superior entropy coding over VLC without the lull cost oi
`CABAC.
`
`H.264 Entropy Coding - Comparison at Approarhos
`
`Characteristics
`
`O When it is used
`
`. l'robobllity distribution
`
`Variable Length Coding Context Adaptive Binary
`(VLC)
`Arithmetic CodinglCABAC)
`
`MPEG-2,
`MPEGJ ASP
`
`H.264/MPEG—4 AVC
`(high omciency option)
`
`sign: - Probabilities "our: may. . Adjusts
`change
`probabilities based 6!"!
`actual date
`
`Hgborel'licioncy
`
`0 leverages correlation
`boMeen symbols
`
`No - Conditional
`probabilities ignored
`
`. Non-integer code words
`
`He- tow oodingefficioncy
`tarnish-probability symbols
`
`Yes - Exploits symbol
`correlations
`by using
`'eontexts"
`
`Yes - Exploits “arithmetic-
`endings! tarnish generates
`norm-alga. codewords hr
`
`Moreover, the H.264 Standard requires a bit-flag descriptor, which is set to
`
`determine the correct decoder for the corresponding encoder. As shown below, if the flag
`
`= 0, then CAVLC must have been selected as the encoder; if the flag = 1, then CABAC
`
`must have been selected as the encoder. See
`
`s:/fwww.itu.intfrecrdolo in
`
`
`ub.as ?lan —c&id=T-REC-H.264-201304-8!EPDF-
`
`
`
`
`E&type=items (Rec. ITU-T H.264 (04/2013)) at 80:
`
`entropy_codl.ng_mode_flng selects the entropy decoding method to be applied for the syntax elements for which two
`desa'iptors appear in the 53mm tables as follows:
`—
`lfennopy_cod.ing_mode_flag is equal to 0, the method specified by the left descriptor in the syntax table is applied
`(Exp-Golan]: coded, see clause 9.1 or CAVLC. see clause 9.2).
`— Otherwise {entropy_coding_mode_flag is equal to l). the method specified by the right descriptor in the syntax table
`is applied (CABAC, see clause 9.3).
`
`26.
`
`The Accused Instrumentalities compress the at least the portion of the data
`
`block with the selected compression algorithm after selecting the one or more,
`
`12
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 13 of 29 PagelD #: 13
`
`compression algorithms. After its selection, the asymmetric compressor (CAVLC or
`
`CABAC) will compress the video data, in accordance with the specifications of the
`
`profile and level
`
`selected,
`
`to provide various compressed data blocks.
`
`See
`
`htgpszi’fsonnati . wordpresscomflOO‘m 0f29ihow—h-264—works-part-iif:
`
`Entropy Coding
`For entropy coding, H.264 may use an enhanced VLC, a more complex centext~adaptive
`variable-length coding (CAVLC) or an ever more complex Context-adaptive binary—arithmetic
`coding (CABAC) which are complex techniques to Iosslessly compress syntax elements in the
`video stream knowing the probabilities of syntax elements in a given context. The use of
`CABAC can improve the compression of around 5-7%. CABAC may requires a 30-40% of total
`processing power to be accomplished.
`
`See
`
`
`
`:ffciteseerxist. su.edulviewdoci’download?doi=10.1.1.602.1581&re =re 1& e= df
`
`
`at 13:
`
`Typical compression ratios to maintain excellent quality are:
`a
`10:1 for general knages using IPEG
`0
`30:1 for general video using H.263 and MPEG-2
`-
`60:1 for general video using H.264 and W9
`
`27.
`
`On information and belief, DISH and Arris also directly infringe and
`
`continue to infringe other claims of the ‘610 patent, for similar reasons as explained
`
`above with respect to Claim 1 of the ‘610 patent.
`
`28.
`
`On information and belief, use of the Accused Instrumentalities in their
`
`ordinary and customary fashion results in infringement of the methods claimed by the
`
`‘610 patent.
`
`29.
`
`On information and belief, DISH and Arris have had knowledge of the
`
`‘610 patent since at least the filing of this Complaint or shortly thereafter, and on
`
`information and belief, DISH and Arris knew of the ‘610 patent and knew of their
`
`infringement, including by way of this lawsuit.
`
`30.
`
`Upon information and belief, the affirmative acts of each of DISH and
`
`Arris of making, using, and selling the Accused Instrumentalities, and providing
`
`13
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 14 of 29 PageID #: 14
`
`implementation services and technical support to users of the Accused Instrumentalities,
`
`have induced since the filing of this Amended Complaint and continue to induce users of
`
`the Accused Instrumentalities to use them in their normal and customary way to infringe
`
`the ‘610 patent by practicing a method, comprising: determining, a parameter or an
`
`attribute of at least a portion of a data block having video or audio data; selecting one or
`
`more compression algorithms from among a plurality of compression algorithms to apply
`
`to the at least the portion of the data block based upon the determined parameter or
`
`attribute and a throughput of a communication channel, at least one of the plurality of
`
`compression algorithms being asymmetric; and compressing the at least the portion of the
`
`data block with the selected compression algorithm after selecting the one or more,
`
`compression algorithms. For example, DISH instructs customers (e.g., of the Hopper
`
`with Sling) that they can, “Watch Live TV: Live sporting events, weather, news, and
`
`more — with a broadband-connected, Sling—enabled DVR and DISH Anywhere, you can
`
`watch all of your favorite channels anywhere you go! Watch Recorded TV: Access
`
`recorded shows from your broadband-connected, Sling-enabled DVR anywhere. You can
`
`even start watching on your TV and resume watching later on your computer or mobile
`
`device!”.
`
`See, e.g., https:r’fwww.myDISl-{comeISH-anmhere. For example, Arris
`
`instructs its customers that the MS4000 can “[t]ranscode to H.264 with adaptive bitrate
`
`up
`
`to
`
`4
`
`Live/DVR
`
`streams”.
`
`See,
`
`e.g.,
`
`h_ttp_s:#www.Arris.comigflaalassetsfresourcesfdata'sheetsa’365-095-24637 ms4000.pdf.
`
`For similar reasons, each of DISH and Arris also induces its customers to use the
`
`Accused Instrumentalities to infringe other claims of the ‘610 patent. Each of DISH and
`
`Arris specifically intended and was aware that these normal and customary activities
`
`would infi'inge the ‘610 patent. Each of DISH and Arris performed the acts that
`
`constitute induced infringement, since the filing of the Complaint, and would induce
`
`actual infringement, with the knowledge of the ‘610 patent and with the knowledge, or
`
`willful blindness to the probability, that the induced acts would constitute infiingement.
`
`14
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 15 of 29 PagelD #: 15
`
`On information and belief, each of DISH and Arris engaged in such inducement to
`
`promote the sales of the Accused Instrumentalities. Accordingly, each of DISH and Arris
`
`has induced, since the filing of the Complaint, and continue to induce users of the
`
`Accused Instrumentalities to use the Accused Instrumentalities in their ordinary and
`
`customary way to infringe the ‘610 patent, knowing that
`
`such use constitutes
`
`infringement of the ‘610 patent.
`
`31.
`
`By making, using, offering for sale, selling and/or importing into the
`
`United States the Accused Instrumentalities, and touting the benefits of using the
`
`Accused Instrumentalities’ compression features, each of DISH and Arris has injured
`
`Realtime and is liable to Realtime for infringement of the ‘610 patent pursuant to 35
`
`U.S.C. § 271.
`
`32.
`
`As a result of the infringement of the ‘610 patent by DISH and Arris,
`
`Plaintiff Realtime is entitled to monetary damages in an amount adequate to compensate
`
`for DISH and Arris’s infringement, but in no event less than a reasonable royalty for the
`
`use made of the invention by DISH and Arris, together with interest and costs as fixed by
`
`the Court.
`
`COUNT II
`
`INFRINGEMENT 0F U.S. PATENT N0. 8,934,535
`
`33.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs
`
`above, as if fully set forth herein.
`
`34.
`
`Plaintiff Realtime is the owner by assignment of United States Patent No.
`
`8,934,535 (“the ‘535 patent”) entitled “Systems and methods for video and audio data
`
`storage and distribution.” The ‘535 patent was duly and legally issued by the United
`
`States Patent and Trademark Office on January 13, 2015. A true and correct copy of the
`
`‘535 patent is included as Exhibit B.
`
`35.
`
`On information and belief, DISH has made, used, offered for sale, sold
`
`15
`
`

`

`Case 6:17-cv-00567 Document 1 Filed 10/10/17 Page 16 of 29 PageID #: 16
`
`and/or imported into the United States DISH products and services that infringe the ‘535
`
`patent, and continues to do so. By way of illustrative example, these infringing products
`
`include, without limitation, DISH’s streaming video products and services compliant with
`
`various versions of the H.264 video compression standard, such as, e.g., the DISH TV
`
`service, and all versions and variations thereof since the issuance of the ‘535 patent
`
`(“DISH Accused Instrumentalities”). See, e. g.,
`
`hgs:lr'foruleSHcomfviewtogic.ghg?t=9864&p=5834l (“[S]atellite services (e.g.,
`
`DirecTV, XstreamHD and DISH Network) utilize the 1080p/24-30 format with MPEG-4
`
`AVG/H.264 encoding for pay-per—view movies that are downloaded in advance via
`
`satellite or on—demand via broadband”); ht_tg:ffwwwsatelliteguysusfxenfthreadsfhd-
`
`bitrate—is-under—S-mb-s—for-most-channels—is—this—correct.2562l 1! (“For HD video DN
`
`exclusively uses H.264 compression (sometimes ambiguously referred to here as MPEG-
`
`4, as there is more than one MPEG-4 video compression format). H.264 is about 2X more
`
`efficient than MPEG-2 for the same video quality”).
`
`36.
`
`On information and belief, Arris has made, used, offered for sale, sold
`
`and/or imported into the United States Arris products and services that infringe the ‘535
`
`patent, and continues to do so. By way of illustrative example, these infringing products
`
`include, without limitation, Arris’s streaming video products and services compliant with
`
`various versions of the H.264 video compression standard, such as, e. g., Arris MS4000,
`
`and all versions and variations thereof since the issuance of the ‘535 patent (“Accused
`
`Instrumentalities”).
`
`See, e. g., htgg:K‘fwvtrw.Arris.carnfprodut:tsfmedia-streamer—rn54000;r
`
`(“Transcode to H.264 with adaptive bitrate up to 4 Live/DVR streams”).
`
`37.
`
`On information and belief, each of DISH and Arris has directly infringed
`
`and continues to infringe the ‘535 patent, for example, through its own use and testing of
`
`the Accused Instrumentalities, which when used, practices the metho