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Case 6:20-cv-00945 Document 1 Filed 10/12/20 Page 1 of 44
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`PARKERVISION, INC.,
`
`Plaintiff,
`
`v.
`
`TCL INDUSTRIES HOLDINGS CO.,
`LTD., TCL ELECTRONICS HOLDINGS
`LTD., SHENZHEN TCL NEW
`TECHNOLOGY CO., LTD., TCL KING
`ELECTRICAL APPLIANCES
`(HUIZHOU) CO., LTD., TCL MOKA
`INT’L LTD., and TCL MOKA
`MANUFACTURING S.A. DE C.V.,
`
`Defendants.
`
` Case No. 6:20-cv-00945
`
` JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff ParkerVision, Inc. (“ParkerVision”), by and through its undersigned
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`counsel, files this Complaint against Defendants TCL Industries Holdings Co., Ltd.,
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`TCL Electronics Holding Ltd. (f/k/a TCL Multimedia Technology Holdings Ltd.),
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`Shenzhen TCL New Technology Co., Ltd., TCL King Electrical Appliances (Huizhou)
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`Co., Ltd., TCL Moka Int’l Ltd., and TCL Moka Manufacturing S.A. de C.V. (collectively,
`
`“TCL” or “Defendants”) for patent infringement of United States Patent Nos. 6,049,706;
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`6,266,518; 6,580,902; 7,110,444; 7,292,835; 8,588,725; 8,660,513; 9,118,528; 9,246,736 and
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`9,444,673 (the “patents-in-suit”) and alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement arising under the patent laws of
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`the United States, 35 U.S.C. §§ 1 et seq.
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`PARTIES
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`2.
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`Plaintiff ParkerVision is a Florida corporation with its principal place of
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`business at 9446 Philips Highway, Jacksonville, Florida 32256.
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`3.
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`Defendant TCL Industries Holdings Co., Ltd. (“TCL Industries”) is a
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`Chinese corporation with a principal place of business located at 22/F, TCL Technology
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`Building, 17 Huifeng 3rd Road, Huizhou, Guangdong, 516000 P.R. China.
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`4.
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`Defendant TCL Electronics Holdings Ltd. (f/k/a TCL Multimedia
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`Technology Holdings Ltd.) (“TCL Electronics”) is a limited liability company
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`incorporated in the Cayman Islands with a registered address at P.O. Box 309, Ugland
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`House, Grand Cayman, KY1-1104, Cayman Islands. TCL Electronics has a principal
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`place of business at 7/F, Building 22E, 22 Science Park East Avenue, Hong Kong Science
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`Park, Sha Tin, New Territories, Hong Kong.
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`5.
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`Defendant Shenzhen TCL New Technology Co., Ltd. (“TCL New
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`Technology”) is a foreign corporation duly organized under the laws of the People’s
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`Republic of China with a principal place of business located at 9/F, Building D4, TCL
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`International E City, No. 1001, Zhongshan Park Road, Nanshan District, Shenzhen,
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`Guangdong, 518067 P.R. China.
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`6.
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`Defendant TCL King Electrical Appliances (Huizhou) Co., Ltd. (“TCL
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`King”) is a foreign corporation duly organized under the laws of the People’s Republic
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`2
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`of China with a principal place of business located at No. 78 Zhongkai Development
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`Zone, Huizhou, 516006 P.R. China.
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`7.
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`Defendant TCL Moka Int’l Ltd. (“TCL Moka”) is a foreign corporation
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`duly organized under the laws of Hong Kong with a principal place of business located
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`at 7/F, Building 22E, 22 Science Park East Avenue, Hong Kong Science Park, Sha Tin,
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`New Territories, Hong Kong.
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`8.
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`Defendant TCL Moka Manufacturing, S.A. de C.V. (“TCL Moka
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`Manufacturing”) is a Mexican corporation with a principal place of business located at
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`Camino Vecinal 2472, colonia, Canon del Padre, Tijuana Baja California.
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`9.
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`On information and belief, TCL Industries is a holding company and the
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`ultimate corporate parent of Defendants TCL Electronics, TCL New Technology, TCL
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`King, TCL Moka, and TCL Moka Manufacturing. See TCL Electronics Holding Limited
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`Annual Report 2019 (available at
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`https://doc.irasia.com/listco/hk/tclelectronics/annual/2019/ar2019.pdf) (Exhibit 1).
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`3
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`Ex. 1 at p. 134
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`10.
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` On information and belief, TCL Electronics is a parent of TCL’s television
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`business group, comprising subsidiaries that manufacture, market, offer for sale, and
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`sell television products, including the accused infringing products, in the United States,
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`the State of Texas, and this judicial district. See, e.g.,
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`http://electronics.tcl.com/en/about/overview.php (“[TCL Electronics] is one of the
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`leading players in the global TV industry, and is engaged in the research and
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`development, manufacturing and distribution of consumer electronic products.”). TCL
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`New Technology is a “principal subsidiary” of TCL Electronics with “principal
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`activities” of “[m]anufacture and sale of TV products.” See Ex. 1 at p. 135. TCL King is a
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`4
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`“principal subsidiary” of TCL Electronics with “principal activities” of “[m]anufacture
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`and sale of TV products and trading of components.” See id. at p. 136. TCL Moka
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`Manufacturing is a “principal subsidiary” of TCL Electronics with “principal activities”
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`of “manufacture and sale of TV products.” See id. at p. 137. TCL Moka is a “principal
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`subsidiary” of TCL Electronics and, on information and belief, is similarly involved in
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`the manufacture, sale, and trading of TCL television products and components. See id.
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`at p. 138.
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`11. On information and belief, Defendants comprise a “vertically integrated
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`industrial chain,” and thus act in concert to design, manufacture, sell, offer for sale,
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`import, distribute, advertise, and/or otherwise promote the accused infringing
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`products in the United States, the State of Texas, and this judicial district. See, e.g., Ex. 1;
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`TCL Electronics Holding Limited Interim Report 2020 (available at
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`https://doc.irasia.com/listco/hk/tclelectronics/interim/2020/intrep.pdf) (Exhibit 2)
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`(“Benefitting from its leading positions in integrated supply chain, global channels,
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`production capacity layout, hardware, software and content, TCL Electronics, as the
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`brand driving force of the entire TCL display industry chain and a user-centric
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`company, managed to expand its market share amid negative trend…”).
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`12.
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`In 2019, TCL Electronics also entered into a number of “connected
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`transactions” with TCL Industries in furtherance of its mutual business interests and
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`goals, including, but not limited to, (i) a Master Rental (2019-2021) Agreement; (ii) a
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`Master Sale and Purchase (2019-2021) Agreement; and (iii) a Master Services (2019-2021)
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`Agreement. See Ex. 1 at p. 109-110.
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`5
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`13. On information and belief, Defendants are operated as a single business
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`entity and/or in concert with each other to sell, offer to sell, import, market, advertise,
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`and/or otherwise promote TCL TVs, including the accused infringement products, in
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`the United States, the State of Texas and this judicial district. On information and belief,
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`the Defendants share directors, executives and/or employees. For example, Mr. Li
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`Dongsheng is an Executive Director of TCL Electronics and a Director of TCL
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`Industries. Ex. 1 at p. 36. Mr. Wang Cheng is the CEO and an Executive Director of TCL
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`Electronics and the CEO of TCL Industries. Id. at p. 37.
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`14. On information and belief, TCL Industries controls the business decisions
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`of TCL Electronics and its subsidiaries including, but not limited to, TCL New
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`Technology, TCL King, TCL Moka, and TCL Moka Manufacturing.
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`JURISDICTION AND VENUE
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`15.
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`This Court has jurisdiction over the subject matter of this action pursuant
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`to 28 U.S.C. §§ 1331 and 1338(a) because the action arises under the patent laws of the
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`United States, 35 U.S.C. §§ 1 et seq.
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`16.
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`TCL is subject to this Court’s personal jurisdiction in accordance with due
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`process and/or the Texas Long-Arm Statute. See Tex. Civ. Prac. & Rem. Code §§ 17.041
`
`et seq.
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`17.
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`This Court has personal jurisdiction over TCL because TCL has sufficient
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`minimum contacts with this forum as a result of business conducted within the State of
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`Texas and this judicial district. In particular, this Court has personal jurisdiction over
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`TCL because, inter alia, TCL, on information and belief, has substantial, continuous, and
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`6
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`systematic business contacts in this judicial district, and derives substantial revenue
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`from goods provided to individuals in this judicial district.
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`18.
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`TCL has purposefully availed itself of the privileges of conducting
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`business within this judicial district, has established sufficient minimum contacts with
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`this judicial district such that it should reasonably and fairly anticipate being hauled
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`into court in this judicial district, has purposefully directed activities at residents of this
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`judicial district, and at least a portion of the patent infringement claims alleged in this
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`Complaint arise out of or are related to one or more of the foregoing activities.
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`19.
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`This Court has personal jurisdiction over TCL because TCL (directly
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`and/or through its subsidiaries, affiliates, or intermediaries) has committed and
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`continues to commit acts of infringement in this judicial district in violation of at least
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`35 U.S.C. § 271(a). In particular, on information and belief, TCL uses, sells, offers for
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`sale, imports, markets, advertises, and/or otherwise promotes the accused infringing
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`products in the United States, the State of Texas, and this judicial district.
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`20.
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`TCL Electronics’ 2020 interim financial report (“2020 interim financial
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`report”) discusses the shipment of TCL TVs in the North American markets, which
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`includes the United States, and market share of TCL TVs in the North American
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`markets, which includes the United States. Ex. 2 at p. 4, 7. On information and belief,
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`sales of TCL TVs in the United States make up a majority of TCL’s revenue from the
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`North American markets.
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`21.
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`The 2020 interim financial report discusses the rise in logistics costs in
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`North American markets, which includes the United States, on information and belief,
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`7
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`related to TCL TVs. Id. at 16. With regard to TCL TVs, the 2020 interim financial report
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`discusses that business in North America with low gross profit (low expenses) grew fast
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`in the second quarter 2020. Id. at 23. The 2020 interim financial report discusses the sales
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`volume of TCL TVs in North America, which includes the United States, for the first
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`quarters of 2018, 2019 and 2020. Id. at 30.
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`22.
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` The 2020 interim financial report reports revenue from the North
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`American market, which includes the United States, for TCL TVs in 2019 and 2020. Id. at
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`pp. 51-52. On information and belief, this revenue includes revenue from the sales of the
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`accused infringing products.
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`8
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`23.
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`TCL Electronics’ 2019 annual financial report (“2019 financial report”)
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`discusses market share of TCL TVs in the North American markets, which include the
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`United States. Ex. 1 at p. 13. The 2019 financial report discusses sales volume in North
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`America, which includes the United States, and production capacity being sufficient to
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`meet shipment demand in the North American markets, which include the United
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`States. Id. at pp. 20, 22.
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`24.
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`The 2019 financial report reports revenue from the North American
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`market, which includes the United States, for TCL TVs in 2018 and 2019. Id. at pp. 189-
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`190. On information and belief, this revenue includes revenue from the sales of the
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`accused infringing products.
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`10
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`25. On information and belief, TTE Technology, Inc. (d/b/a TCL North
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`America and TCL USA) (“TCL USA”) is the exclusive distributor of TCL TVs, including
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`the accused infringing products, in the United States, the State of Texas, and this judicial
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`district. On information and belief, TCL USA is a wholly owned subsidiary of TCL
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`Electronics. See Ex. 1 at p. 137.
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`Ex. 1 at p. 137
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`26. On information and belief, TCL (directly and/or through its subsidiaries,
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`affiliates, or intermediaries – including TCL USA) places the accused infringing
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`products into the stream of commerce knowing they will be sold and used in the State
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`of Texas and this judicial district. TCL televisions, for example, can be purchased
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`through retailers throughout the State of Texas and in this judicial district including,
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`without limitation, Best Buy, Target, Walmart, and Costco.
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`27. On information and belief, TCL maintains control over websites accessible
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`to residents of the State of Texas and this judicial district, through which TCL promotes
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`and facilitates sales of the accused infringing products. For example, the website
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`https://www.tclusa.com directs consumers in the United States, including those in the
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`State of Texas and this judicial district, to purchase TCL infringing television systems
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`from online stores, such as Amazon.
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`28.
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`Customers can also purchase TCL infringing televisions at brick-and-
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`mortar stores located in this judicial district. For example, and as illustrated below,
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`customers can order TCL televisions, including the accused infringing TCL TV Model
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`No. 40S325 (indicated by the yellow box (below)), for in-store pickup at the Best Buy in
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`Waco, Texas (indicated by the red box).
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`https://www.bestbuy.com/site/tcl-40-class-3-series-led-full-hd-smart-roku-
`tv/6302321.p?skuId=6302321
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`29. Moreover, TCL has availed itself of the legal protections of the State of
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`Texas in multiple lawsuits. For example, in Canon, Inc. v. TCL Electronics Holdings Ltd.
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`f/k/a/ TCL Multimedia Technology Holdings, Ltd., 2-18-cv-00546 (E.D. Tex.), TCL
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`Electronics, TCL New Technology, and TCL King were dismissed with prejudice,
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`through an Order of the Court granting a joint motion to dismiss. In so filing a joint
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`motion and thereafter obtaining the Order of dismissal with prejudice, TCL – through
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`TCL Electronics, TCL New Technology, and TCL King – purposefully availed itself to
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`the protections, powers and resources of this State. Attached hereto as Exhibit 3 is a true
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`and correct copy of the Order.
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`30.
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`TCL also availed itself of the legal protections of this State in American
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`Patents LLC v. TCL Corp., et al., 4:18-cv-767 (E.D. Tex.), where TCL King filed
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`counterclaims against American Patents LLC. In so doing, TCL – through TCL King –
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`purposefully availed itself to the protections, powers, and resources of this State.
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`Attached hereto as Exhibit 4 is a true and correct copy of TCL King’s Answer to and
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`Counterclaims against American Patents LLC, filed on March 7, 2019.
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`31.
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`TCL also availed itself of the legal protections of this State in Nichia
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`Corporation v. TCL Multimedia Technology Holdings, Ltd., 2:16-cv-1452-JRG (E.D. Tex.).
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`TCL Electronics (using its former name, TCL Multimedia Technology Holdings, Ltd.)
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`was dismissed, with prejudice, through an Order of the Court granting an agreed
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`stipulation of dismissal. In so filing an agreed stipulation of dismissal and thereafter
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`obtaining the order of dismissal with prejudice, TCL – through TCL Electronics Holding
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`Ltd. – purposefully availed itself to the protections, powers, and resources of this State.
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`Attached hereto as Exhibit 5 is a true and correct copy of the Order Granting Agreed
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`Stipulation of Dismissal.
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`32.
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`TCL also availed itself of the legal protections of this State in Personalized
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`Media Communications, LLC, v. TCL Corp. et al., 2:17-cv-443-JRG (E.D. Tex.), where TCL
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`Electronics (using its former name, TCL Multimedia Technology Holdings, Ltd.) filed
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`counterclaims against Personalized Media Communications, LLC. In so doing, TCL –
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`through TCL Electronics – purposefully availed itself to the protections, powers, and
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`resources of this State. Attached hereto as Exhibit 6 is a true and correct copy of TCL
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`Electronics’ Answer to and Counterclaims against Personalized Media
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`Communications, LLC, filed on December 4, 2017.
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`33.
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`Venue is proper for all Defendants in this judicial district pursuant to 28
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`U.S.C. §§ 1391(c) and/or 1400(b), and Brunette Mach. Works, Ltd. v. Kockum Indus., Inc.,
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`406 U.S. 706 (1972). There is no clearly more convenient venue.
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`BACKGROUND
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`34.
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`In 1989, Jeff Parker and David Sorrells started ParkerVision in
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`Jacksonville, Florida. Through the mid-1990s, ParkerVision focused on developing
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`commercial video cameras, e.g., for television broadcasts. The cameras used radio
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`frequency (RF) technology to automatically track the camera’s subject.
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`35. When developing consumer video cameras, however, ParkerVision,
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`encountered a problem – the power and battery requirements for RF communications
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`made a cost effective, consumer-sized product impractical. So, Mr. Sorrels and
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`ParkerVision’s engineering team began researching ways to solve this problem.
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`36. At the time, a decade’s-old RF technology called super-heterodyne
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`dominated the consumer products industry. But this technology was not without its
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`own problems – the circuity was large and required significant power.
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`37.
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`From 1995 through 1998, ParkerVision engineers developed an innovative
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`method of RF direct conversion by a process of sampling a RF carrier signal and
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`transferring energy to create a down-converted baseband signal.
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`38. After creating prototype chips and conducting tests, ParkerVision soon
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`realized that its technology led to improved RF receiver performance, lower power
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`consumption, reduced size and integration benefits. In other words, RF receivers could
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`be built smaller, cheaper and with greater improved performance.
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`39.
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`ParkerVision’s innovations did not stop there. ParkerVision went on to
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`develop additional RF down-conversion technologies, RF up-conversion technologies
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`and other related direct-conversion technologies. ParkerVision also developed
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`complementary wireless communications technologies that involved interactions,
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`processes, and controls between the baseband processor and the transceiver, which
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`improved and enhanced the operation of transceivers that incorporate ParkerVision’s
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`down-converter and up-converter technologies. To date, ParkerVision has been granted
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`over 200 patents related to its innovations including, the patents-in-suit.
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`40.
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`ParkerVision’s technology helped make today’s wireless devices, such as
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`televisions, a reality by enabling RF chips used in these devices to be smaller, cheaper,
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`and more efficient, and with higher performance.
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`TCL
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`41.
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`TLC is a Chinese multinational electronics company headquartered in
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`Huizhou, Guangdong Province, China. On information and belief, since at least 2014,
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`TCL (or those acting on its behalf) has made, used, sold, offered for sale and/or
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`imported televisions (“TCL Products”) in/into the United States.
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`https://www.tclusa.com/about-us/press-releases/tcl-celebrates-five-years;
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`https://www.tclusa.com/products.
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`42.
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`TCL Products can be purchased through retailers throughout the United
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`States including, without limitation, Best Buy, Target, Walmart, Costco, BJ Wholesale,
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`B&H and PC Richards & Sons.
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`43. On information and belief, as of 2019, TCL was the second largest brand of
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`smart televisions in the United States. https://www.tclusa.com/about-us/press-
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`releases/tcl-celebrates-five-years.
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`44.
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`TCL Products include modules (e.g., WCOHR2601) containing Wi-Fi chips
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`including, without limitation, Realtek RT8812BU (each a “TCL Chip”; collectively, the
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`“TCL Chips”). TCL Chips provide wireless connectivity for TCL Products.
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`45.
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`Below are images from a TCL television model no. 43S425 purchased from
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`Best Buy.
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`TCL Products include, without limitation, the televisions set forth below.
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`TV Model No.
`65S427
`43S423
`55S426
`75Q825
`65R625
`55S427
`55R625
`43S525
`65S525
`55S525
`55S423
`43S421
`50S525
`50S423
`65S423
`75S425
`75R615
`32S301
`55S421
`32S325
`49S325
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`FCC ID
`W8U65S427
`W8U43S423
`W8U55S426
`W8U75Q825
`W8U65R625
`W8U55S427
`W8U55R625
`W8U43S525
`W8U65S525
`W8U55S525
`W8U55S423
`W8U43S421
`W8U50S525
`W8U50S423
`W8U65S423
`W8U75S425
`W8U75R615
`W8U32S301
`W8U55S421
`W8U32S325
`W8U49S325
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`
`
`
`43S325
`40S325
`32S327
`32S425
`50S425
`49S425
`32S321
`65S425
`55S425
`49S403
`65S401
`43S403
`55S401
`65S517
`55S517
`65R613
`55R613
`49S517
`43S517
`75C807
`49S303
`43S303
`40S303
`28S303
`32S303
`55C807
`65C807
`
`
`W8U43S325
`W8U40S325
`W8U32S327
`W8U43S425
`W8U50S425
`W8U49S425
`W8U32S321
`W8U65S425
`W8U55S425
`W8U49S403
`W8U65S401
`W8U43S403
`W8U55S401
`W8U65S517
`W8U55S517
`W8U65R613
`W8U55R613
`W8U49S517
`W8U43S517
`W8U75C807
`W8U49S303
`W8U43S303
`W8U40S303
`W8U28S303
`W8U32S303
`W8U55C807
`W8U65C807
`
`THE ASSERTED PATENTS
`
`United States Patent No. 6,049,706
`
`46. On April 11, 2000, the United States Patent and Trademark Office duly
`
`and legally issued United States Patent No. 6,049,706 (“the ’706 patent”) entitled
`
`“Integrated Frequency Translation and Selectivity” to inventor Robert W. Cook et al.
`
`The ’706 patent is presumed valid under 35 U.S.C. § 282.
`
`20
`
`ParkerVision Ex. 2003
`IPR2021-00990
`Page 20 of 44
`
`

`

`Case 6:20-cv-00945 Document 1 Filed 10/12/20 Page 21 of 44
`
`
`
`47.
`
`The ’706 patent is presumed valid under 35 U.S.C. § 282.
`
`48.
`
`ParkerVision owns all rights, title, and interest in the ’706 patent.
`
`United States Patent No. 6,266,518
`
`49. On July 24, 2001, the United States Patent and Trademark Office duly and
`
`legally issued United States Patent No. 6,266,518 (“the ’518 patent”) entitled “Method
`
`and System for Down-Converting Electromagnetic Signals by Sampling and Integrating
`
`Over Apertures” to inventor David F. Sorrells et al.
`
`50.
`
`The ’518 patent is presumed valid under 35 U.S.C. § 282.
`
`51.
`
`ParkerVision owns all rights, title, and interest in the ’518 patent.
`
`United States Patent No. 6,580,902
`
`52. On June 17, 2003, the United States Patent and Trademark Office duly and
`
`legally issued United States Patent No. 6,580,902 (“the ’902 patent”) entitled “Frequency
`
`Translation Using Optimized Switch Structures” to inventor David F. Sorrells et al.
`
`53.
`
`The ’902 patent is presumed valid under 35 U.S.C. § 282.
`
`54.
`
`ParkerVision owns all rights, title, and interest in the ’902 patent.
`
`United States Patent No. 7,110,444
`
`55. On September 19, 2006, the United States Patent and Trademark Office
`
`duly and legally issued United States Patent No. 7,110,444 (“the ’444 patent”) entitled
`
`“Wireless Local Area Network (WLAN) Using Universal Frequency Translation
`
`Technology Including Multi-Phase Embodiments and Circuit Implementations” to
`
`inventor David F. Sorrells et al.
`
`56.
`
`The ’444 patent is presumed valid under 35 U.S.C. § 282.
`
`21
`
`ParkerVision Ex. 2003
`IPR2021-00990
`Page 21 of 44
`
`

`

`Case 6:20-cv-00945 Document 1 Filed 10/12/20 Page 22 of 44
`
`
`
`57.
`
`ParkerVision owns all rights, title, and interest in the ’444 patent.
`
`United States Patent No. 7,292,835
`
`58. On November 6, 2007, the United States Patent and Trademark Office
`
`duly and legally issued United States Patent No. 7,292,835 (“the ’835 patent”) entitled
`
`“Wireless and Wired Cable Modem Applications of Universal Frequency Translation
`
`Technology” to inventor David F. Sorrells et al.
`
`59.
`
`The ’835 patent is presumed valid under 35 U.S.C. § 282.
`
`60.
`
`ParkerVision owns all rights, title, and interest in the ’835 patent.
`
`United States Patent No. 8,588,725
`
`61. On November 19, 2013, the United States Patent and Trademark Office
`
`duly and legally issued United States Patent No. 8,588,725 (“the ’725 patent”) entitled
`
`“Apparatus, System, and Method For Down Converting and Up-Converting
`
`Electromagnetic Signals” to inventor David F. Sorrells et al.
`
`62.
`
`The ’725 patent is presumed valid under 35 U.S.C. § 282.
`
`63.
`
`ParkerVision owns all rights, title, and interest in the ’725 patent.
`
`United States Patent No. 8,660,513
`
`64. On February 25, 2014, the United States Patent and Trademark Office duly
`
`and legally issued United States Patent No. 8,660,513 (“the ’513 patent”) entitled
`
`“Method and System for Down-Converting an Electromagnetic Signal, and Transforms
`
`for Same, and Aperture Relationships” to inventor David F. Sorrells et al.
`
`65.
`
`The ’513 patent is presumed valid under 35 U.S.C. § 282.
`
`66.
`
`ParkerVision owns all rights, title, and interest in the ’513 patent.
`
`22
`
`ParkerVision Ex. 2003
`IPR2021-00990
`Page 22 of 44
`
`

`

`Case 6:20-cv-00945 Document 1 Filed 10/12/20 Page 23 of 44
`
`
`
`United States Patent No. 9,118,528
`
`67. On August 25, 2015, the United States Patent and Trademark Office duly
`
`and legally issued United States Patent No. 9,118,528 (“the ’528 patent”) entitled
`
`“Method and System for Down-Converting an Electromagnetic Signal, and Transforms
`
`for Same, and Aperture Relationships” to inventor David F. Sorrells et al.
`
`68.
`
`The ’528 patent is presumed valid under 35 U.S.C. § 282.
`
`69.
`
`ParkerVision owns all rights, title, and interest in the ’528 patent.
`
`United States Patent No. 9,246,736
`
`70. On January 26, 2016, the United States Patent and Trademark Office duly
`
`and legally issued United States Patent No. 9,246,736 (“the ’736 patent”) entitled
`
`“Method and System for Down-Converting an Electromagnetic Signal” to inventor
`
`David F. Sorrells et al.
`
`71.
`
`The ’736 patent is presumed valid under 35 U.S.C. § 282.
`
`72.
`
`ParkerVision owns all rights, title, and interest in the ’736 patent.
`
`United States Patent No. 9,444,673
`
`73. On September 13, 2016, the United States Patent and Trademark Office
`
`duly and legally issued United States Patent No. 9,444,673 (“the ’673 patent”) entitled
`
`“Methods and Systems for Down-Converting a Signal Using a Complementary
`
`Transistor Structure” to inventor David F. Sorrells et al.
`
`74.
`
`The ’673 patent is presumed valid under 35 U.S.C. § 282.
`
`75.
`
`ParkerVision owns all rights, title, and interest in the ’673 patent.
`
`23
`
`ParkerVision Ex. 2003
`IPR2021-00990
`Page 23 of 44
`
`

`

`Case 6:20-cv-00945 Document 1 Filed 10/12/20 Page 24 of 44
`
`
`
`CLAIMS FOR RELIEF
`
`COUNT I - Infringement of United States Patent No. 6,049,706
`
`76.
`
`The allegations set forth above are re-alleged and incorporated by
`
`reference as if they were set forth fully here.
`
`77.
`
`TCL directly infringes (literally and/or under the doctrine of equivalents)
`
`the ’706 patent by making, using, selling, offering for sale, and/or importing in/into
`
`the United States products covered by at least claim 1 of the ’706 patent.
`
`78.
`
`TCL products that infringe one or more claims of the ’706 patent include,
`
`but are not limited to, the TCL Products and any other TCL device that is capable of
`
`filtering and down-converting a higher-frequency signal to a lower-frequency signal as
`
`claimed in the ’706 patent.
`
`79.
`
`Each TCL Chip is/includes an apparatus for filtering and down-
`
`converting (e.g., a higher frequency RF signal to a lower frequency signal). Each TCL
`
`Chip includes a frequency translator, comprising a down-convert and delay module
`
`(e.g., module including one or more switches, capacitors, and resistors) to under-sample
`
`an input signal (e.g., high frequency RF signal) to produce an input sample of a down-
`
`converted image of said input signal, and to delay said input sample.
`
`80.
`
`Each TCL Chip also includes a filter, comprising at least a portion of said
`
`down-convert and delay module, at least one delay module (e.g., module having one or
`
`more capacitors) to delay instances of an output signal, and an adder (e.g., feedback
`
`capacitor of an operational amplifier) to combine at least said delayed input sample
`
`24
`
`ParkerVision Ex. 2003
`IPR2021-00990
`Page 24 of 44
`
`

`

`Case 6:20-cv-00945 Document 1 Filed 10/12/20 Page 25 of 44
`
`
`
`with at least one of said delayed instances of said output signal to generate an instance
`
`of said output signal.
`
`81.
`
`The down-convert and delay module under-samples (e.g., at a sample rate
`
`below the Nyquist rate) said input signal according to a control signal (e.g., local
`
`oscillator (LO) signal), wherein a frequency of said control signal is equal to a frequency
`
`of said input signal plus or minus a frequency of said down-converted image, divided
`
`by n, where n represents a harmonic or sub-harmonic of said input signal.
`
`82.
`
`ParkerVision has been damaged by the direct infringement of TCL and is
`
`suffering and will continue to suffer irreparable harm and damages as a result of this
`
`infringement.
`
`COUNT II – Infringement of United States Patent No. 6,266,518
`
`83.
`
`The allegations set forth above are re-alleged and incorporated by
`
`reference as if they were set forth fully here.
`
`84.
`
`TCL directly infringes (literally and/or under the doctrine of equivalents)
`
`the ’518 patent by making, using, selling, offering for sale, and/or importing in/into the
`
`United States products covered by at least claim 67 of the ’518 patent.
`
`85.
`
`TCL products that infringe one or more claims of the ’518 patent include,
`
`but are not limited to, the TCL Products and any other TCL device that is capable of
`
`down-converting a higher-frequency signal to a lower-frequency signal as claimed in
`
`the ’518 patent.
`
`86.
`
`Each TCL Chip is/includes an apparatus for down-converting a carrier
`
`signal (e.g., high frequency RF signal) to a lower frequency signal (e.g., baseband
`
`25
`
`ParkerVision Ex. 2003
`IPR2021-00990
`Page 25 of 44
`
`

`

`Case 6:20-cv-00945 Document 1 Filed 10/12/20 Page 26 of 44
`
`
`
`signal). Each TCL Chip has a universal frequency down-converter (UFD), including a
`
`switch (e.g., transistor(s)), an integrator (e.g., feedback capacitor of an operational
`
`amplifier) coupled to the switch, a pulse generator (e.g., LO and/or LO circuitry)
`
`coupled to the switch; and a reactive structure (e.g., filter(s) having variable resistor-
`
`capacitor networks) coupled to the UFD.
`
`87.
`
`The pulse generator (e.g., LO and/or LO circuitry) outputs pulses (e.g.,
`
`pulses of an LO control signal) to the switch at an aliasing rate that is determined
`
`according to a frequency of the carrier signal +/− a frequency of the lower frequency
`
`signal) divided by N.
`
`88.
`
`The pulses have apertures (e.g., 25% duty cycle) and cause the switch to
`
`close and sample the carrier signal (e.g., high frequency RF signal). During an aperture
`
`of the LO control signal, the switch closes and energy from the carrier signal is
`
`transferred through the switch. Between each aperture of the LO control signal, the
`
`switch remains open, thereby preventing the flow of energy through t

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