Case 2:20-cv-06339-JAK-PD Document 22 Filed 09/15/20 Page 1 of 27 Page ID #:233
`
`Douglas G. Muehlhauser (SBN 179495)
`doug.muehlhauser@knobbe.com
`Payson LeMeilleur (SBN 205690)
`payson.lemeilleur@knobbe.com
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Telephone: 949-760-0404
`Facsimile: 949-760-9502
`Attorneys for Plaintiff
`ONE-E-WAY, INC.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`ONE-E-WAY, INC., a California
`corporation,
`
`Plaintiff,
`
`v.
`APPLE INC., a California corporation,
`Defendant.
`
`Case No. 2:20-CV-06339
`SECOND AMENDED
`COMPLAINT FOR PATENT
`INFRINGMENT
`
`DEMAND FOR JURY TRIAL
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`Case 2:20-cv-06339-JAK-PD Document 22 Filed 09/15/20 Page 2 of 27 Page ID #:234
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`Plaintiff One-E-Way, Inc. (“One-E-Way”) hereby complains of Defendant
`Apple Inc. (“Apple”), including infringement of One-E-Way’s rights in U.S. Patent
`Nos. 8,131,391, 10,129,627 and 10,468,047 (collectively, the “Asserted Patents”),
`and alleges as follows:
`
`I. THE PARTIES
`1.
`Plaintiff One-E-Way is a California corporation that, as of the date of
`this Complaint, has its principal place of business at 3016 E. Colorado Blvd.,
`#70848, Pasadena, California 91107.
`2.
`Upon information and belief, Defendant Apple is a California
`corporation having a principal place of business at One Apple Park Way, Cupertino,
`California, 95014.
`
`II. JURISDICTION AND VENUE
`This Court has subject-matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`3.
`1338(a).
`4.
`This civil action includes claims for patent infringement arising under
`the patent laws of the United States, 35 U.S.C. § 100 et seq., and, more particularly,
`35 U.S.C. §§ 271 and 281.
`5.
`Defendant Apple is subject to personal jurisdiction in this Judicial
`District.
`6.
`Defendant Apple conducts business throughout the United States,
`including in this Judicial District, and operates Apple Stores in this Judicial District.
`7.
`For example, through its websites and Apple Stores in this Judicial
`District, Defendant Apple has advertised, offered to sell, sold, and/or distributed
`infringing products, and/or induced the sale and use of infringing products in the
`United States, including in this Judicial District. Defendant Apple has, directly or
`through its distribution network, purposefully placed infringing products into the
`stream of commerce knowing and expecting them to be purchased and used by
`consumers in the United States, including in this Judicial District, and such
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`infringing products actually have been purchased and used in the United States and
`in this Judicial District.
`8.
`Venue is proper in the Central District of California pursuant to 28
`U.S.C. § 1391 and 28 U.S.C. § 1400(b).
`9.
`One-E-Way resides in this Juridical District.
`10. Defendant Apple has regular and established places of business in this
`Judicial District, including its operation of Apple Stores throughout this Judicial
`District.
`11. Defendant Apple has committed acts of infringement within this
`Judicial District.
`
`III. STATEMENT OF THE CASE
`12. This action seeks relief for the infringement of One-E-Way’s patents
`by Defendant Apple.
`
`IV. STATEMENT OF FACTS
`13. One-E-Way is a minority-owned small business founded in Pasadena,
`California, by C. Earl Woolfork, the named inventor on the patents asserted herein.
`Mr. Woolfork obtained his electrical engineering degree from the University of
`Southern California in Los Angeles.
`14. Mr. Woolfork first conceived of the wireless audio inventions at issue
`in the late 1990s while exercising outdoors at the popular Santa Monica Steps in Los
`Angeles. Mr. Woolfork noticed that many people were having trouble with the wires
`connecting their audio players to their headsets, which interrupted their exercise
`routines. Mr. Woolfork set out to create a solution that allowed people to exercise
`free of wires, while still enjoying high quality music. Mr. Woolfork conceived of
`an audio system that could wirelessly communicate high quality audio data. Mr.
`Woolfork filed a patent application to protect his high quality wireless audio
`inventions, and later founded One-E-Way to commercialize those inventions.
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`Today, One-E-Way sells its patented wireless audio products through at least its
`online retail outlet, available at https://shop.wayvz.com/.
`15. Mr. Woolfork obtained and assigned to One-E-Way the Asserted
`Patents. The inventions address several problems, including reducing interference
`so that each wireless user can enjoy high quality private listening, even in the
`proximity of other such wireless users. The common specification of the Asserted
`Patents explains the use of code division multiple access technology (CDMA) with
`unique coding to provide private listening despite other wireless audio systems
`operating nearby in the same frequency band. The patented inventions address
`interference from other device transmissions in the wireless audio spectrum by
`using, for example, differential phase shift keying and processing for reduction of
`intersymbol interference. Techniques in the patented inventions for achieving
`private listening and for addressing interference are, among other techniques and for
`example, used by devices compliant with the Bluetooth wireless communication
`standard, from version 2.0 and all subsequent versions up through and including the
`current version, version 5.2.
`16.
`In August 2014, Apple received written notice from One-E-Way
`regarding One-E-Way’s U.S. Patent Nos. 7,865,258 and 8,131,391 (respectively, the
`“’258 and ’391 patents”), as well as One-E-Way’s U.S. Patent Nos. 7,412,294 and
`7,684,885. In particular, One-E-Way identified certain wireless headphone,
`earphone and speaker products by Beats Electronics, LLC that infringed at least
`One-E-Way’s ’258 and ’391 patents. One-E-Way also stated that the disclosed
`inventions in the ’258 and ’391 patents “apply to a transmitter and/or receiver,”
`including “a smartphone.” In August and November, 2014, Apple responded to
`One-E-Way’s written notice.
`17.
`In its November 2014 letter responding to One-E-Way, Apple
`represented that “Apple acquired Beats Electronics earlier this year,” and
`acknowledged Apple’s “investigation” and “careful review of the ’258 and ’391
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`patents” for the purpose of Beats or Apple potentially licensing One-E-Way’s
`patents.
`18. On information and belief, Defendant Apple is a provider of Bluetooth-
`compatible wireless audio products. Specifically, Defendant Apple offers for sale
`and sells in the United States wireless earbud products including, at least, its AirPods
`and AirPods Pro, which were commercially released in the United States in 2016
`and 2019, respectively. Defendant Apple also offers for sale and sells in the United
`States a wireless speaker product called the HomePod.
`19. Apple has advertised its AirPods, AirPods Pro and HomePod (the
`“Apple Accused Receiver Products”) as having Bluetooth connectivity, and has
`advertised
`the benefits of
`their Bluetooth connectivity, for example, at
`https://www.apple.com/airpods/, https://www.apple.com/airpods-2nd-generation/,
`https://www.apple.com/airpods-pro/,
`https://www.apple.com/homepod/
`and
`https://www.apple.com/shop/buy-homepod/homepod/white.
`20. Apple has advertised the Apple Accused Receiver Products as having
`connectivity using Bluetooth version 4.0 or later.
`21. On information and belief, Defendant Apple is a provider of Bluetooth-
`compatible wireless audio transmitter products. Specifically, Defendant Apple
`offers for sale and sells in the United States the following products: iPhone, iPad,
`iPod and Apple Watch.
`22. Apple has advertised its iPhone, iPad, iPod and Apple Watch (the
`“Apple Accused Transmitter Products”) as having Bluetooth connectivity, and has
`advertised
`the benefits of
`their Bluetooth connectivity, for example, at
`https://www.apple.com/iphone/compare/,
`https://www.apple.com/ipad/compare/,
`https://www.apple.com/ipod-touch/specs/, https://www.apple.com/watch/compare/.
`23.
` Apple has advertised the Apple Accused Transmitter Products as
`having connectivity using Bluetooth version 4.1 or later.
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`24. Apple offers for sale and sells in the United States the Apple Accused
`Receiver and Transmitter Products, including in this Judicial District.
`25. On information and belief, Apple advertises and sells Beats wireless
`audio products, including Powerbeats Wireless Earphones, Powerbeats Pro Wireless
`Earphones, Powerbeats3 Wireless Earphones, Beats Solo Pro Wireless Noise
`Cancelling Headphones, Beats Solo3 Wireless Headphones, Beats Studio3 Wireless
`Headphones, BeatsX Wireless Earphones, and Beats Pill+ Portable Speaker
`(collectively, the “Beats Accused Products”).
`26. Apple has advertised the Beats Accused Products as having Bluetooth
`connectivity, and has advertised the benefits of their Bluetooth connectivity, for
`example, at
` https://www.apple.com/shop/product/MWNV2LL/A/powerbeats-
`high-performance-wireless-earphones-black,
` https://www.apple.com/shop/product/MRJA2LL/A/beats-solo-pro-
`wireless-noise-cancelling-headphones-more-matte-collection-dark-
`blue,
` https://www.apple.com/shop/product/MX452LL/A/beats-solo3-
`wireless-headphones-the-beats-icon-collection-satin-silver,
` https://www.apple.com/shop/product/MV702LL/A/powerbeats-pro-
`totally-wireless-earphones-navy,
` https://www.apple.com/shop/product/MXJA2LL/A/beats-studio3-
`wireless-headphones-the-beats-skyline-collection-midnight-black,
` https://www.apple.com/shop/product/MX7X2LL/A/beatsx-earphones-
`the-beats-decade-collection-defiant-black-red, and
` https://www.apple.com/shop/product/ML4M2LL/A/beats-pill-
`portable-speaker-black.
`27. Apple has advertised
`the Beats Accused Products as having
`connectivity for Bluetooth version 4.0 or later.
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`28. Apple offers for sale and sells in the United States the Beats Accused
`Products, including in this Judicial District.
`29. The Apple Accused Transmitter and Receiver Products, and the Beats
`Accused Products, are compatible with prior versions of Bluetooth, including back
`to Bluetooth version 2.0.
`
`V. THE PATENTS-IN-SUIT
`30. One-E-Way is the owner by assignment of the ’391 patent, titled
`“Wireless Digital Audio Music System,” which the United States Patent and
`Trademark Office duly issued on March 6, 2012. A true and correct copy of the ’391
`patent is attached hereto as Exhibit 1.
`31. One-E-Way is the owner by assignment of the ’047 patent, titled
`“Wireless Digital Audio Music System,” which the United States Patent and
`Trademark Office duly issued on November 5, 2019. A true and correct copy of the
`’047 patent is attached hereto as Exhibit 2.
`32. One-E-Way is the owner by assignment of the ’627 patent, titled
`“Wireless Digital Audio Music System,” which the United States Patent and
`Trademark Office duly issued on November 13, 2018. A true and correct copy of
`the ’627 patent is attached hereto as Exhibit 3.
`33. The ’391, ’627 and ’047 patents are family members in the same chain
`of patents, and each claims priority back to the original patent application in the
`chain, U.S. Patent Application No. 10/027,391, filed on December 21, 2001.
`34. One-E-Way manufactures and sells wireless audio devices covered by
`the Asserted Patents.
`
`VI. COUNT I:
`INFRINGEMENT OF U.S. PATENT NO. 8,131,391
`35. Plaintiff hereby realleges and incorporates by reference the allegations
`set forth in paragraphs 1 through 34.
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`36. Defendant Apple’s products, including at least the Apple Accused
`Receiver Products and Beats Accused Products, infringe at least Claim 5 of the ’391
`patent under 35 U.S.C. § 271(a) and (b).
`37. Defendant Apple has directly infringed one or more claims of the ’391
`patent through its making, using, importing, offering for sale and/or selling in the
`United States its Apple Accused Receiver Products and Beats Accused Products.
`38. For example, on information and belief, Defendant’s Apple Accused
`Receiver Products and Beats Accused Products include all of the limitations of
`Claim 5 of the ’391 patent. More particularly, the Apple Accused Receiver Products
`and Beats Accused Products are Bluetooth compatible products that comprise a
`wireless audio receiver. They receive a unique user code and original audio signal
`representation from a mobile digital audio transmitter, for example as indicated in
`the Bluetooth specification, by receiving and using a Bluetooth access code and
`device address in frequency-hopping communication to receive packets that include
`data representing audio information. They also have a direct conversion module that
`receives the packets, as generally indicated by the low power consumption
`characteristics that Apple advertises for its Apple Accused Receiver Products and
`Beats Accused Products. They decode reduced intersymbol interference coding, for
`example and again as indicated in the Bluetooth specification, by applying pulse
`shaping. They also have independent code division multiple access communication,
`for example, by using piconet-based, frequency-hopping spread spectrum
`communication as indicated in the Bluetooth specification. And they use digital-to-
`analog conversion and generate audio output, for example, by creating an analog
`audio signal from received digital representation of the audio signal where the
`representation is communicated wirelessly in access-coded packets, again as
`indicated by the Bluetooth specification. They also generate audio output that does
`not include audible audio content originating from other device transmissions
`operating in the digital wireless audio receiver spectrum, for example as indicated
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`in the Bluetooth specification, by using unique addressing to receive the access-
`coded packets transmitted by the digital audio transmitter.
`39. Upon information and belief, Defendant Apple has knowledge of One-
`E-Way’s patents, including the ’391 patent, at least based on receiving actual notice
`of the ’391 patent.
`40. Defendant Apple had knowledge of the ’391 patent prior to the filing
`of this Complaint.
`41.
`In 2014, Apple represented that it had conducted a “careful review” of
`the ’391 patent for the purpose of Beats or Apple potentially licensing One-E-Way’s
`patents.
`42. Upon information and belief, Defendant Apple has indirectly infringed
`the ’391 patent under 35 U.S.C. § 271(b) by actively inducing the use of, offering
`for sale, selling, or importing the above-mentioned Apple Accused Receiver
`Products and Beats Accused Products in the United States, knowing and intending
`that such products would be used by customers and end users in a manner that
`infringes the ’391 patent.
`43. For example, Defendant Apple provides instructions and manuals to its
`customers and end users on how to pair the Apple Accused Receiver Products and
`Beats Accused Products with audio transmission devices using a Bluetooth
`connection.
`44. By way of example only, the following excerpt from Apple’s website
`(https://support.apple.com/en-us/HT208718) provides the following instructions
`regarding Apple’s AirPods devices:
`/ / /
`/ / /
`/ / /
`/ / /
`/ / /
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`45. Apple provides similar instructions in its customer manuals on how to
`pair the Apple Accused Receiver Products with audio transmission devices using a
`Bluetooth connection, as shown at the following websites:
` https://manuals.info.apple.com/MANUALS/1000/MA1852/en_US/air
`pods-2gen-qsg.pdf,
` https://manuals.info.apple.com/MANUALS/1000/MA1919/en_US/air
`pods-pro-qsg.pdf, and
` https://manuals.info.apple.com/MANUALS/1000/MA1821/en_US/ho
`mepod-ios13-qsg.pdf.
`46. By way of additional example, the following instructions are provided
`for Apple’s BeatsX product (https://www.beatsbydre.com/support/how-to/set-up-
`and-use-beatsx-earphones):
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`47. Defendant Apple’s customers and end users who use the Apple
`Accused Receiver Products and Beats Accused Products in accordance with Apple’s
`instructions directly infringe one or more claims of the ’391 patent.
`48. Upon information and belief, Defendant Apple knew and intended that
`these activities, including providing instructions to users of the Apple Accused
`Receiver Products and Beats Accused Products to pair those products with a
`Bluetooth transmitter, would cause direct infringement. Upon information and
`belief, Defendant Apple knew and intended that these activities, including providing
`instructions to users of the Apple Accused Receiver Products and Beats Accused
`Products to pair those products with a Bluetooth transmitter, would cause direct
`infringement. For example, Defendant Apple knew that engaging in these activities
`would cause users of the Apple Accused Receiver Products and Beats Accused
`Products to establish independent code division multiple access communication with
`a transmitter device, to establish a unique user code for wireless packet-based
`communications, to process the packet-based communications for reduction of
`intersymbol interference, to use digital-to-analog conversion to generate audio
`output, and to reproduce the audio output without content originating from other
`device transmitted signals operating in the digital wireless audio receiver spectrum.
`Defendant Apple’s acts therefore constitute infringement of the ’391 patent under
`35 U.S.C. § 271(b).
`49. Upon information and belief, Defendant Apple also indirectly infringes
`the ’391 patent under 35 U.S.C. § 271(b) by actively inducing the use of, offering
`for sale, selling, or importing the above-mentioned Apple Accused Transmitter
`Products in the United States, knowing and intending that such products will be used
`by customers and end users in a manner that infringes the ’391 patent.
`50. For example, Defendant Apple provides instructions and manuals to its
`customers and end users on how to pair the Apple Accused Transmitter Products
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`with audio receiver devices using a Bluetooth connection, as demonstrated in the
`following instruction guides published on Apple’s website:
` https://support.apple.com/guide/iphone/use-other-bluetooth-
`headphones-iph3c50f191/ios
` https://support.apple.com/guide/ipad/use-other-bluetooth-headphones-
`ipad997da4cf/ipados
` https://support.apple.com/guide/ipod-touch/use-other-bluetooth-
`headphones-iph3c50f191/ios
` https://support.apple.com/guide/watch/connect-to-bluetooth-
`headphones-or-speakers-apd67b3ac484/watchos
`51.
`In so instructing its customers and end users, Defendant Apple’s
`Accused Transmitter Products infringe at least Claim 3 of the ’391 patent under 35
`U.S.C. ¶ 271(b). For example, Defendant’s Apple Accused Transmitter Products
`are Bluetooth compatible products that include a wireless audio transmitter
`operatively coupled to an audio player. They transmit a unique user code and
`original audio signal representation from a mobile digital audio transmitter, for
`example as indicated in the Bluetooth specification, by transmitting and using a
`Bluetooth access code and device address in frequency-hopping communication to
`transmit packets that include data representing audio information. They reduce
`intersymbol interference, for example and again as indicated in the Bluetooth
`specification, by encoding the audio signal data with pulse shaping. They also use
`independent code division multiple access communication, for example, by using
`piconet-based, frequency-hopping spread spectrum communication as indicated in
`the Bluetooth specification.
`52.
`In instructing its customers and end users on how to connect to an audio
`receiver using a Bluetooth connection, Apple actively induces the use of the portable
`wireless digital audio system of at least Claim 3, for example, by knowingly
`encouraging the pairing of its Apple Accused Transmitter devices with audio
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`receivers that correspondingly use a direct conversion module that receives the
`packets corresponding to the unique user code from the transmitter; that demodulate
`the independent code division multiple access communication from the transmitter,
`for example, by using piconet-based, frequency-hopping communication as
`indicated in the Bluetooth specification, which likewise indicates the use of unique
`addressing to communicate with only the spread spectrum transmitter during a
`wireless connection; that decode the applied pulse shaping as indicated by the
`Bluetooth specification for reduced intersymbol interference; that use digital-to-
`analog conversion and generate audio output, for example, by creating an analog
`audio signal from received digital representation of the audio signal where the
`representation is communicated wirelessly in access-coded packets, again as
`indicated by the Bluetooth specification; that generate audio output that does not
`include audible audio content originating from other device transmissions operating
`in the digital wireless audio receiver spectrum, for example as indicated in the
`Bluetooth specification, by using unique addressing to receive the access-coded
`packets transmitted by the digital audio transmitter.
`53. Having been on notice of the ’391 patent since at least August 2014,
`Apple has known and intended that its continued actions actively induce actual direct
`infringement of the ’391 patent.
`54. Because of Defendant Apple’s infringement of the ’391 patent, One-E-
`Way has suffered and will continue to suffer harm and injury, including monetary
`damages in an amount to be determined at trial.
`VII. COUNT II:
`INFRINGEMENT OF U.S. PATENT NO. 10,468,047
`55. Plaintiff hereby realleges and incorporates by reference the allegations
`set forth in paragraphs 1 through 54.
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`56. Defendant Apple’s products, including at least the Apple Accused
`Transmitter and Receiver Products and Beats Accused Products, infringe the ’047
`patent under 35 U.S.C. § 271(a) and (b).
`57. Defendant Apple directly infringes one or more claims of the ’047
`patent through its making, using, importing, offering for sale and/or selling in the
`United States its Apple Accused Transmitter and Receiver Products and Beats
`Accused Products.
`58. For example, on information and belief, Defendant’s Apple Accused
`Receiver Products and Beats Accused Products include all of the limitations of
`Claim 1 of the ’047 patent. More particularly, the Apple Accused Receiver Products
`and Beats Accused Products are Bluetooth compatible products that comprise a
`portable spread spectrum audio receiver. They receive and store a unique user code
`and receive wireless modulation transmissions from a spread spectrum transmitter,
`for example as indicated in the Bluetooth specification, by receiving and using a
`Bluetooth access code and device address in frequency-hopping communication to
`receive packets that include data representing audio information. They have a direct
`conversion module that receives wireless modulation transmissions, as generally
`indicated by the low power consumption characteristics that Apple advertises for its
`Apple Accused Receiver Products and Beats Accused Products. They receive
`wireless modulation transmissions that have been processed to reduce intersymbol
`interference and also further process the transmissions for intersymbol interference
`reduction, for example as indicated in the Bluetooth specification, by applying pulse
`shaping. As also indicated in the Bluetooth specification, they use a digital-to-
`analog converter to provide an analog audio output that corresponds to a digital audio
`representation, for example, by creating an analog audio signal from received digital
`representation of the audio signal where the representation is communicated
`wirelessly in access-coded packets. They also use a speaker to generate an audio
`signal where the audio signal does not include audible audio content originating from
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`any audio signals transmitted in a spectrum used by the spread spectrum transmitter
`that do not originate from the spread spectrum transmitter, for example as indicated
`in the Bluetooth specification, by using unique addressing to receive the access-
`coded packets transmitted by the spread spectrum transmitter. They also use
`independent code division multiple access communication, for example, by using
`piconet-based, frequency-hopping communication as indicated in the Bluetooth
`specification, which likewise indicates the use of unique addressing to communicate
`with only the spread spectrum transmitter during a wireless connection. They also
`perform at least one of a plurality of demodulations, for example as indicated in the
`Bluetooth specification, by using differential phase shift keying.
`59. As another example, on information and belief, Defendant’s Apple
`Accused Transmitter Products include all of the limitations of Claim 17 of the ’047
`patent. More particularly, the Apple Accused Transmitter Products are Bluetooth
`compatible products that include a portable spread spectrum audio transmitter
`capable of being coupled to a music audio source. They use a unique user code and
`transmit wireless modulation transmissions from a portable spread spectrum
`transmitter, for example as indicated in the Bluetooth specification, by using a
`Bluetooth access code and device address in frequency-hopping communication to
`transmit packets that include data representing audio information. They encode the
`wireless modulation transmissions to reduce intersymbol interference, for example
`as indicated in the Bluetooth specification, by applying pulse shaping. As also
`indicated in the Bluetooth specification, they perform at least one of a plurality of
`modulations, which include a differential phase shift keying (DPSK) modulation and
`a non-DPSK modulation. They also use independent code division multiple access
`communication to wirelessly transmit the audio signal representations, for example,
`by using piconet-based, frequency-hopping communication as indicated in the
`Bluetooth specification, which likewise indicates the use of unique addressing to
`communicate with only the spread spectrum transmitter during a wireless connection
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`Case 2:20-cv-06339-JAK-PD Document 22 Filed 09/15/20 Page 16 of 27 Page ID #:248
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`60. Upon information and belief, Defendant Apple has knowledge the ’047
`patent, at least based on receiving actual notice through this Complaint.
`61. Upon information and belief, Defendant Apple indirectly infringes the
`’047 patent under 35 U.S.C. § 271(b) by actively inducing the use of, offering for
`sale, selling, or importing the above-mentioned Apple Accused Transmitter and
`Receiver Products and Beats Accused Products in the United States, knowing and
`intending that such products will be used by customers and end users in a manner
`that infringes the ’047 patent.
`62. For example, Defendant Apple provides instructions and manuals to its
`customers and end users on how to pair the Apple Accused Receiver Products and
`Beats Accused Products with audio transmission devices using a Bluetooth
`connection.
`63. By way of example only, the following excerpt from Apple’s website
`(https://support.apple.com/en-us/HT208718) provides the following instructions
`regarding Apple’s AirPods devices:
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`64. Apple provides similar instructions in its customer manuals on how to
`pair the Apple Accused Receiver Products with audio transmission devices using a
`Bluetooth connection, as shown at the following websites:
` https://manuals.info.apple.com/MANUALS/1000/MA1852/en_US/air
`pods-2gen-qsg.pdf,
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`Case 2:20-cv-06339-JAK-PD Document 22 Filed 09/15/20 Page 17 of 27 Page ID #:249
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` https://manuals.info.apple.com/MANUALS/1000/MA1919/en_US/air
`pods-pro-qsg.pdf, and
` https://manuals.info.apple.com/MANUALS/1000/MA1821/en_US/ho
`mepod-ios13-qsg.pdf.
`65. By way of additional example, the following instructions are provided
`for Apple’s BeatsX product (https://www.beatsbydre.com/support/how-to/set-up-
`and-use-beatsx-earphones):
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`66. Defendant Apple’s customers and end users who use the Apple
`Accused Receiver Products and Beats Accused Products in accordance with Apple’s
`instructions directly infringe one or more claims of the ’047 patent.
`67. Upon information and belief, Defendant Apple knows and intends that
`these activities, including providing instructions to users of the Apple Accused
`Receiver Products and Beats Accused Products to pair those products with a
`Bluetooth transmitter, will cause direct infringement. For example, Defendant
`Apple knows that engaging in these activities will cause users of the Apple Accused
`Receiver Products and Beats Accused Products to establish independent code
`division multiple access communication with a spread spectrum transmitter device,
`to receive and store a unique user code for wireless packet-based communications,
`to process received wireless modulation transmissions for reduction of intersymbol
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`Case 2:20-cv-06339-JAK-PD Document 22 Filed 09/15/20 Page 18 of 27 Page ID #:250
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`interference, to use digital-to-analog conversion to provide an analog audio output,
`to use a speaker to generate an audio signal that does not include audible audio
`content originating from any audio signals transmitted in a spectrum used by the
`sprea