Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 1 of 60 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
` Civil Action No. 2:21-cv-
`310
`
`JURY TRIAL DEMANDED
`
`TQ DELTA, LLC,
`
`Plaintiff,
`
`v.
`
`COMMSCOPE HOLDING
`COMPANY, INC., COMMSCOPE
`INC., ARRIS INTERNATIONAL
`LIMITED, ARRIS GLOBAL LTD.,
`ARRIS US HOLDINGS, INC., ARRIS
`SOLUTIONS, INC., ARRIS
`TECHNOLOGY, INC., and ARRIS
`ENTERPRISES, LLC,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff TQ Delta, LLC (“TQ Delta”) and files this Original Complaint for Patent
`
`Infringement against Defendants CommScope Holding Company, Inc., CommScope Inc., ARRIS
`
`International Limited, ARRIS Global Ltd., ARRIS US Holdings, Inc., ARRIS Solutions, Inc.,
`
`ARRIS Technology, Inc., and ARRIS Enterprises, LLC (collectively “CommScope”), alleging as
`
`follows:
`
`I.
`
`INTRODUCTION
`
`1.
`
`TQ Delta owns a portfolio of patents relating to digital subscriber line (“DSL”)
`
`technologies, including for example very-high-bit-rate digital subscriber line (“VDSL”)
`
`technology and Fast Access to Subscriber Terminals technology (“G.fast”). These patents
`
`originate from groundbreaking innovations in the DSL field, including innovations that the
`
`International Telecommunication Union (“ITU”) adopted in various DSL-related standards.
`
`Original Complaint for Patent Infringement
`
`Page 1
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`IPR2022-00833
`CommScope, Inc. Exhibit 1028
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`Page 1 of 299
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`

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`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 2 of 60 PageID #: 2
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`2.
`
`CommScope infringes TQ Delta’s patents. CommScope provides DSL equipment,
`
`and TQ Delta has attempted to license its patents to CommScope on a worldwide, non-
`
`discriminatory basis and on reasonable terms and conditions. CommScope has refused to obtain
`
`such a license or cease its infringement. It has continued to willfully infringe upon TQ Delta’s
`
`patents, taking substantial benefits from TQ Delta’s inventions and harming TQ Delta. This case
`
`is to redress that harm.
`
`II. NATURE OF THE SUIT
`
`3.
`
`This is a claim for patent infringement arising under the patent laws of the United
`
`States, Title 35 of the United States Code.
`
`III. THE PARTIES
`
`4.
`
`Plaintiff TQ Delta, LLC is a is a limited liability company organized and existing
`
`under the laws of the State of Delaware and having a principal place of business at 900 S. Capital
`
`of Texas Hwy., Suite 150, Austin, Texas 78746.
`
`5.
`
`Defendant CommScope Holding Company, Inc. is a corporation organized and
`
`existing under the laws of the State of Delaware, and can be served through its registered agent,
`
`United Agent Group Inc., 3411 Silverside Road Tatnall Building #104, Wilmington, DE 19810.
`
`6.
`
`Upon information and belief, Defendant CommScope Inc. is a corporation
`
`organized and existing under the laws of the State of Delaware, and can be served through its
`
`registered agent, United Agent Group Inc., 3411 Silverside Road Tatnall Building #104,
`
`Wilmington, DE 19810. Upon information and belief, CommScope Inc. is a wholly owned
`
`subsidiary of CommScope Holding Company.
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 2
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`IPR2022-00833
`CommScope, Inc. Exhibit 1028
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`Page 2 of 299
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`

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`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 3 of 60 PageID #: 3
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`7.
`
`Defendants ARRIS International Limited, ARRIS Global Ltd, ARRIS US
`
`Holdings, Inc., ARRIS Solutions, Inc., ARRIS Technology, Inc., and ARRIS Enterprises, LLC are
`
`collectively referred to as “ARRIS.”
`
`8.
`
`CommScope Holding Company, Inc. acquired ARRIS in 2019.1 On information
`
`and belief, CommScope Holding Company, Inc. is the parent corporation of ARRIS.
`
`9.
`
`Defendant ARRIS International Limited f/k/a Arris International plc is a
`
`corporation duly organized and existing under the laws of England and Wales.
`
`10.
`
`Defendant ARRIS Global Ltd. is a corporation duly organized and existing under
`
`the laws of England and Wales. On information and belief, ARRIS Global Ltd is a subsidiary of
`
`ARRIS International Limited.
`
`11.
`
`Defendant ARRIS US Holdings, Inc. is a corporation organized and existing under
`
`the laws of the State of Delaware, and can be served through its registered agent, United Agent
`
`Group Inc., 3411 Silverside Road, Tatnall Building, #104, Wilmington, DE 19810. On
`
`information and belief, ARRIS US Holdings, Inc. is a subsidiary of ARRIS International Limited.
`
`CommScope has admitted that “Arris US Holdings, Inc.’s business includes selling products and
`
`services throughout the United States, including in this judicial district.”2
`
`12.
`
`Defendant ARRIS Solutions, Inc. is a corporation organized and existing under
`
`the laws of the State of Delaware, and can be served through its registered agent, United Agent
`
`Group Inc., 3411 Silverside Road, Tatnall Building, #104, Wilmington, DE 19810. CommScope
`
`
`1 See, e.g., SIPCO, LLC v. CommScope Holding Company, Inc., No. 5:20-CV-00168-RWS-CMC,
`First Amended Complaint, at ¶ 16 (“Upon information and belief, CommScope acquired ARRIS
`and Ruckus in 2019.”); SIPCO, LLC v. CommScope Holding Company, Inc., No. 5:20-CV-00168-
`RWS-CMC, Answer to First Amended Complaint (Filed, June 7, 2021) (“SIPCO Answer”), at ¶
`16 (“Admitted.”).
`
`2 See, e.g., SIPCO Answer at ¶ 11.
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 3
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`IPR2022-00833
`CommScope, Inc. Exhibit 1028
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`Page 3 of 299
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`

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`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 4 of 60 PageID #: 4
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`has admitted that “ARRIS Solutions, Inc.’s business includes selling products and services
`
`throughout the United States, including in this judicial district.”3 On information and belief,
`
`ARRIS Solutions, Inc. is a subsidiary of ARRIS U.S. Holdings, Inc.
`
`13.
`
`Defendant ARRIS Technology, Inc. is a corporation duly organized and existing
`
`under the laws of the State of Delaware and can be served through its registered agent, United
`
`Agent Group Inc., 3411 Silverside Road, Tatnall Building, #104, Wilmington, DE 19810. On
`
`information and belief, ARRIS Technology, Inc. is a subsidiary of ARRIS Solutions, Inc.
`
`14.
`
`Defendant ARRIS Enterprises LLC is a corporation organized and existing under
`
`the laws of the State of Delaware, and can be served through its registered agent, United Agent
`
`Group Inc., 3411 Silverside Road, Tatnall Building, #104, Wilmington, DE 19810. CommScope
`
`has admitted that “ARRIS Enterprises LLC’s business includes selling products and services
`
`throughout the United States, including in this judicial district.”4 On information and belief,
`
`ARRIS Enterprises LLC is a subsidiary of ARRIS Technology, Inc.
`
`15.
`
`On information and belief, ARRIS maintains regular and established places of
`
`business and does business in Texas at its offices at 4516 Seton Center Pkwy, Austin, Texas 78759-
`
`5370 and/or 5300 Hollister St., Houston, Texas 77040. On information and belief, ARRIS
`
`maintained a regular and established place of business in Plano, Texas prior to its acquisition by
`
`CommScope in 2019.5 As detailed below, CommScope (including ARRIS) maintains a regular
`
`
`3 See, e.g., SIPCO Answer, at ¶ 14.
`
` 4
`
` See, e.g., SIPO Answer, at ¶ 12.
`
` 5
`
` See, e.g., Venkee Communications LLC v. Arris Group, Inc., No. 2:18-CV-00050, Original
`Complaint (Dkt. 1), at ¶ 4–10 (alleging a 2018 Plano, Texas location supported by Arris job
`posting).
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 4
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`IPR2022-00833
`CommScope, Inc. Exhibit 1028
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`Page 4 of 299
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`

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`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 5 of 60 PageID #: 5
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`and established place of business at 2601 Telecom Parkway, Richardson, Texas 70852, located
`
`within this District.
`
`16.
`
`Upon information and belief, all Defendants are a single combined “CommScope”
`
`company. The online websites for Defendants are combined into a single “CommScope” presence.
`
`For example, the ARRIS web domain (www.arris.com) re-directs the public to the CommScope
`
`web domain (www.commscope.com).
`
`17.
`
`The CommScope web domain further explains that the companies operate as
`
`“combined companies” that provide their technologies, solutions, and products, such as by
`
`importation, manufacture, sale, and/or offers for sale of their products and services throughout the
`
`United States. For example, the CommScope website lists for sale ARRIS-branded DSL product
`
`lines that, prior to acquisition of ARRIS, were available from Arris’s website.6
`
`18.
`
`The CommScope
`
`jobs websites
`
`(https://jobs.commscope.com/
`
`and
`
`https://careers.commscope.com/) appear to handle the job recruitment features for all of
`
`CommScope, including ARRIS. In addition, on information and belief, employees of ARRIS
`
`became employees of CommScope after the acquisition and work out of CommScope’s
`
`Richardson, Texas office located in this district.
`
`IV.
`
`JURISDICITON AND VENUE
`
`19.
`
`This action is for patent infringement under the patent laws of the United States, 35
`
`U.S.C. § 1 et seq.
`
`20.
`
`This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.C.
`
`§§ 1331, 1367, 1338(a), and/or 2201.
`
`
`6 Compare e.g., https://www.commscope.com/product-type/broadband-video-devices/broadband-
`devices/xdsl-gateways/
`with
`https://web.archive.org/web/20160301000110/http://www.arris.com/Products/Markets/Telco.
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 5
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`IPR2022-00833
`CommScope, Inc. Exhibit 1028
`
`Page 5 of 299
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`

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`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 6 of 60 PageID #: 6
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`21.
`
`This Court has personal jurisdiction over CommScope, and CommScope has
`
`acceded to this Court’s jurisdiction in prior patent cases.7
`
`22.
`
`The Court has personal jurisdiction over CommScope because, among other things,
`
`TQ Delta’s claims arise in whole or in part from CommScope’s conduct in Texas, including
`
`making, using, offering to sell and/or selling accused products in Texas, and/or importing accused
`
`products into Texas, and/or inducing others to commit acts of patent infringement in Texas. For
`
`example, on information and belief, CommScope operates offices at which it does business in
`
`Texas at the following locations: 2601 Telecom Parkway, Richardson, Texas 70852; 11312 S.
`
`Pipeline Road, Euless, Texas 76040; 4516 Seton Center Pkwy, Austin, Texas 78759-5370; 5300
`
`Hollister St., Houston, Texas 77040; and 4101 W. Military Highway A, McAllen, Texas 78053.
`
`CommScope has admitted that it conducts business in Texas.8
`
`23.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`CommScope has admitted in this Court that it “has a regular and established physical place of
`
`business in the Eastern District of Texas.”9 CommScope maintains a regular and established place
`
`
`7 See, e.g., SIPCO, LLC v. CommScope Holding Company, Inc., No. 5:20-CV-00168-RWS-CMC,
`Answer to First Amended Complaint, at ¶ 24 (“Defendants, for purposes of this case only, will not
`challenge personal jurisdiction in the Eastern District of Texas.”); See, e.g., Barkan Wireless IP
`Holdings, L.P. v. Sprint Corp., No. 2:19-CV-00336-JRG, Answer to Amended Complaint, at ¶ 14
`(“For the purposes of this action only, CommScope does not challenge the Court’s personal
`jurisdiction over CommScope.”).
`
`8 See, e.g., Barkan Wireless IP Holdings, L.P. v. Sprint Corp., No. 2:19-CV-00336-JRG, Answer
`to Amended Complaint, at ¶ 14 (“CommScope admits that it conducts business in Texas.”).
`
`9 SIPCO, LLC v. CommScope Holding Company, Inc., No. 5:20-CV-00168-RWS-CMC, First
`Amended Complaint, at ¶ 24 (“Plaintiff is informed and believes, and on that basis alleges, that
`CommScope has a regular and established physical place of business in the Eastern District of
`Texas, including at 2601 Telecom Parkway, Richardson Texas 70852 . . . .”); SIPCO Answer at ¶
`24 (“Admitted.”); see also Barkan Wireless IP Holdings, L.P. v. Sprint Corp., No. 2:19-CV-00336-
`JRG, Answer to Amended Complaint, at ¶ 16 (“CommScope admits that it has a regular and
`established place of business in this judicial district at 2601 Telecom Parkway, Richardson, Texas
`
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 6
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`IPR2022-00833
`CommScope, Inc. Exhibit 1028
`
`Page 6 of 299
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`

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`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 7 of 60 PageID #: 7
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`of business in 2601 Telecom Parkway, Richardson, Texas 70852, located within this District that
`
`contains CommScope’s employees and/or other individuals CommScope directs or controls.10
`
`Venue is also proper in this District pursuant to 28 U.S.C § 1391(c)(3) on the basis that ARRIS
`
`International Limited and ARRIS Global Ltd are not residents of the United States.
`
`24.
`
`On information and belief, CommScope has current and former employees,
`
`including engineers, managers, and executives, in this District and/or Texas, including personnel
`
`relating to the DSL functionality of the Accused CommScope DSL CPE Products.11
`
`25.
`
`On information and belief, CommScope also employed personnel relating to ITU-
`
`T standards in Texas and this District.
`
`26.
`
`On information and belief, CommScope also has major customers with locations in
`
`Texas and this District, including, for example, AT&T.
`
`27.
`
`CommScope’s commission of acts of infringement in this District, and the presence
`
`of an office at which CommScope does business in the Eastern District of Texas, establishes venue
`
`over CommScope under 28 U.S.C. § 1400(b).
`
`70852.”).
`
`
`
`(listing
`10 See, e.g., https://www.collincad.org/propertysearch?prop=2075393&year=2021
`CommScope Inc. as owner of property in Collin County with a tax valuation of $13,867,489 in
`2021).
`
`11 See, e.g., https://www.linkedin.com/in/joseph-z-yu (“Firmware development for DSL
`modems.”); https://www.linkedin.com/in/stevetcochran (“I led a distributed team of software
`engineers continuing the development and support of the Pace DSL residential gateway product.
`These routers are deployed by AT&T and other service providers to millions of subscriber
`homes.”); https://www.linkedin.com/in/wchatila (regional VP of Sales at CommScope);
`https://www.linkedin.com/in/bryce-garrett-8bba71/ (former Director of Sales that “[m]anaged the
`AT&T Account with responsibility for deployment of all ARRIS Residential Gateways (RGs),
`Wireless Access Points (WAPs) and home entertainment receivers for U-Verse, Business and
`Legacy subscribers. Sales were achieved through direct B2B as well as channel partners, VARs
`and distribution. . . .The ARRIS CPE portfolio includes DSL, VDSL, VDSL2, Bonded VDSL,
`G.fast and GigaPower Fiber gateways . . . .”).
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 7
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`IPR2022-00833
`CommScope, Inc. Exhibit 1028
`
`Page 7 of 299
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`

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`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 8 of 60 PageID #: 8
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`V. BACKGROUND
`
`A.
`
`TQ Delta and the DSL Standards
`
`28.
`
`TQ Delta is the successor-in-interest in patents from Aware, Inc. (“Aware”). Aware
`
`was a world-leading innovator and provider of DSL technologies.
`
`29.
`
`This cause of action asserts infringement of the following TQ Delta’s patents,
`
`United States Patent Nos. 7,453,881 (“the ’881 Patent”); 7,570,686 (“the ’686 Patent”); 7,844,882
`
`(“the ’882 Patent”); 8,090,008 (“the ’008 Patent”); 8,276,048 (“the ’048 Patent”); 8,462,835 (“the
`
`’835 Patent”); 8,468,411 (“the ’411 Patent”); 8,937,988 (“the ’988 Patent”); 9,094,348 (“the ’348
`
`Patent”); 9,154,354 (“the ’354 Patent”); 9,485,055 (“the ’055 Patent”); 10,567,112 (“the ’112
`
`Patent”); and 10,833,809 (“the ’809 Patent”). (collectively, “the TQ Delta Patents”).
`
`30.
`
`The primary inventor of TQ Delta’s DSL patents, Marcos Tzannes, has worked on
`
`DSL-related technologies for almost 30 years. Mr. Tzannes was the head of the DSL technology
`
`group at Aware, and major semiconductor companies purchased Aware’s chip designs.
`
`31. Mr. Tzannes also had significant involvement in developing industry standards for
`
`DSL technology. Mr. Tzannes attended the DSL standard group meetings on behalf of Aware
`
`(and continued to do so on behalf of TQ Delta). Mr. Tzannes has been a participant and contributor
`
`at ITU meetings in 1997 and, over the years, served as the chair of a number of ITU standards
`
`committees. Those include committees relating to DSL, including G.bond. In 2012, the ITU
`
`recognized Mr. Tzannes for his contributions on eight different standards.
`
`32.
`
`On information and belief, representatives of CommScope also attended these ITU
`
`standards meetings at the time Mr. Tzannes attended them.
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 8
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`IPR2022-00833
`CommScope, Inc. Exhibit 1028
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`Page 8 of 299
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`

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`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 9 of 60 PageID #: 9
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`33.
`
`The ITU has adopted a number of industry standards relating to DSL technologies.
`
`Those include ITU-T ADSL2/2+, ITU-T VDSL2, ITU-T G.bond, ITU-T G.inp, ITU-T G.vector,
`
`and ITU-T G.fast.
`
`B.
`
`CommScope’s Infringement of the TQ Delta’s Patents
`
`34.
`
`CommScope infringes the TQ Delta Patents. Its products comply with and
`
`implement the DSL standards, including ADSL2/2+, VDSL2, G.bond, G.inp, G.vector, and G.fast.
`
`CommScope markets and has marketed its products as complying with these standards.
`
`CommScope makes, uses, sells, offers for sale, and/or imports customer premise equipment
`
`(“CPE”) products, including without limitation gateways, modems, and service managers, that
`
`operate in accordance with one or more of the DSL standards (“DSL CPE Products”). The DSL
`
`CPE Products operate in accordance with ADSL2/2+, VDSL2, G.bond, G.inp, and/or G.vector.12
`
`The DSL CPE Products also operate in accordance with G.fast.13
`
`35.
`
`CommScope provides DSL CPE Products to telephone/broadband carriers and such
`
`carriers’ subscribers/customers (collectively, “Customers”) knowing that its DSL CPE Products
`
`will be deployed and used in a DSL network to provide DSL service by operating in accordance
`
`with the DSL Standards. CommScope also provides instructions and support (including, for
`
`example, providing upgrades, troubleshooting, and warranty support) to its Customers to ensure
`
`that its DSL CPE Products operate as intended (e.g., in accordance with the DSL Standards). For
`
`
`12 E.g., https://www.commscope.com/globalassets/digizuite/62029-nvg44x-datasheet.pdf.
`
`13 E.g., https://www.goamt.com/wp-content/uploads/2017/11/FST1305 G.FAST-VDSL2-35B-
`BRIDGE-MODEM_AMT.pdf.
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 9
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`IPR2022-00833
`CommScope, Inc. Exhibit 1028
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`Page 9 of 299
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`

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`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 10 of 60 PageID #: 10
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`example, on information and belief, CommScope DSL CPE Products have been deployed in
`
`networks for AT&T and Frontier Networks.14
`
`36.
`
`CommScope has known about the TQ Delta Patents and its infringement since prior
`
`to filing of this Complaint. TQ Delta contacted ARRIS and offered to engage in licensing
`
`discussions on multiple occasions. After CommScope acquired ARRIS, TQ Delta contacted
`
`CommScope to offer to engage in licensing discussions. In multiple correspondences with
`
`CommScope, TQ Delta identified a number of ARRIS products it believed are covered by TQ
`
`Delta’s patents. TQ Delta also met with CommScope in Austin, Texas. TQ Delta’s attempts to
`
`license its patents to CommScope on a worldwide, non-discriminatory basis and on reasonable
`
`terms and conditions continued to this year. CommScope still refuses to accept a license TQ
`
`Delta’s patents on a worldwide, non-discriminatory basis and on reasonable terms and conditions
`
`37.
`
`CommScope has known or was willfully blind to its infringement of TQ Delta’s
`
`patents. As detailed above, TQ Delta has been in near-continuous contact with CommScope for
`
`years about its infringement.
`
`38.
`
`In addition, CommScope has known or should have known about its infringement
`
`based on the publication of the ITU DSL standards and CommScope’s involvement with the
`
`standards. Since prior to CommScope’s infringing conduct alleged herein, the ITU standards have
`
`been published with an intellectual-property rights warning that draws attention to the possibility
`
`that implementation of the standard may involve the use of a claimed intellectual-property right
`
`
`14 See, e.g., https://www.linkedin.com/in/bryce-garrett-8bba71/ (former Director of Sales that
`“[m]anaged the AT&T Account with responsibility for deployment of all ARRIS Residential
`Gateways (RGs), Wireless Access Points (WAPs) and home entertainment receivers for U-Verse,
`Business and Legacy subscribers.. . . .The ARRIS CPE portfolio includes DSL, VDSL, VDSL2,
`Bonded VDSL, G.fast
`and GigaPower
`Fiber
`gateways
`.
`.
`.
`.”);
`https://go.frontier.com/internet/equipment (“Frontier® Internet works with a variety of routers,
`like the Arris NVG443B . . . .”).
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 10
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`IPR2022-00833
`CommScope, Inc. Exhibit 1028
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`Page 10 of 299
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`

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`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 11 of 60 PageID #: 11
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`and “strongly urge[s]” implementers to consult the ITU’s database regarding applicable
`
`intellectual property.15
`
`39.
`
`A basic search of the ITU database would have shown that TQ Delta (or its
`
`predecessor-in-interest, Aware) submitted a Patent Statement and Licensing Declarations
`
`(“PSLDs”) regarding DSL standards, exemplified below for G.fast (G.9701):
`
`I Search I
`
`Search I Patent Statement
`
`vi
`
`Received after I
`
`I [i;!] and/or before I
`
`Reset
`
`l li;!I
`
`Country I
`
`• I (")
`
`Word In patent title I
`
`Patent application number I
`
`I
`• I (")
`
`Patent holder/organization ITO DELTA, LLC
`
`Licensing option ~
`
`Recommendation IG,9701
`
`Patent country I
`
`Patent number [
`
`c·) Wildcard search available. e.g.: ~G.6H or -0rg-
`
`· I (")
`
`· I (")
`· I (")
`• I (")
`
`Total found : 3
`
`Page Size: 120 vi
`
`IHI
`
`Tabular view n Customized tab , view I
`
`~ ~ .
`
`Statement Id
`
`Recommendation
`
`Patent
`number
`
`Patent application
`number
`
`Venlonof
`declaration form
`
`ltcenH
`option
`
`G9701-08
`
`G.9701 (ex . G.fast-phy) None
`
`None
`
`23 April 2012
`
`G9701 _Amdl-02 G.9701 (ex. G.fast-phy) None
`
`None
`
`26 June 2015
`
`G9701_Amd2-01 G.9701 (ex . G.fast-phy) None
`
`None
`
`26 June 2015
`
`2
`
`2
`
`2
`
`Received
`
`•••
`
`Statement Organization I
`date
`
`2014-05-19
`
`2014-05-13
`
`20 16-02-2 3
`
`2016·02· 22
`
`2016-02-23
`
`2016-02-22
`
`TQ DELTA,
`LLC
`
`TQ DELTA,
`LLC
`
`TQ DELTA,
`LLC
`
`
`Similar searches for TQ Delta (or Aware) would have shown submitted PSLDs for
`
`40.
`
`G.inp, G.bond, and VDSL2, among others.
`
`41.
`
`The PSLDs identify the standard that a patent holder believes the practice of which
`
`requires a license. The ITU PSLDs are publicly available.
`
`
`https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-REC-G.9700-201404-
`e.g.,
`15
`See,
`S!!PDF-E&type=items
`(G.fast); https://www.itu.int/rec/dologin pub.asp?lang=e&id=T-REC-
`G.998.4-201006-S!!PDF-E&type=items (G.inp).
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 11
`
`IPR2022-00833
`CommScope, Inc. Exhibit 1028
`
`Page 11 of 299
`
`

`

`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 12 of 60 PageID #: 12
`
`42.
`
`For example, TQ Delta submitted a PSLD in connection with G.fast (G.9701)
`
`stating that it “believe[d] that it holds granted and/or pending application for Patents, the use of
`
`which would be required to implement [ITU-T G.9701].” TQ Delta and Aware submitted similar
`
`PSLDs for G.inp, G.bond, and VDSL2 standards, among others.16 These PSLDs have been
`
`publicly available prior to filing of this Complaint.
`
`43.
`
`On information and belief, CommScope is familiar with the PSLD database and the
`
`contents of declarations filed with the ITU.
`
`44.
`
`Thus, prior to the filing of this Complaint, CommScope had actual knowledge of,
`
`and was familiar with, the intellectual-property rights warnings, the ITU procedures and
`
`requirements for submissions of PSLDs, and the process of identifying parties who had submitted
`
`PSLDs for the DSL standards.
`
`45.
`
`Defendants have had actual notice of the TQ Delta Patents and their infringement
`
`prior to the filing of this Complaint.
`
`46.
`
`Defendants’ infringement, as detailed above, has been willful.
`
`A.
`
`Infringement of the ’881 Patent
`
`VI. CLAIMS
`
`47.
`
`The allegations of each foregoing paragraph are incorporated by reference as if
`
`fully set forth herein and form the basis for the following cause of action against each Defendant.
`
`e.g.,
`
`16
`See,
`(G.998.4);
`(G.993.2);
`(G.993.5).
`
`
`https://www.itu.int/ITU-T/recommendations/related_ps.aspx?id_prod=10418
`https://www.itu.int/ITU-T/recommendations/related_ps.aspx?id_prod=8548
`https://www.itu.int/ITU-T/recommendations/related ps.aspx?id prod=10414
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 12
`
`IPR2022-00833
`CommScope, Inc. Exhibit 1028
`
`Page 12 of 299
`
`

`

`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 13 of 60 PageID #: 13
`
`48.
`
`A true and correct copy of the ’881 Patent, entitled “Systems and methods for multi-
`
`pair ATM over DSL,” and with Marcos Tzannes as the first named inventor, is attached hereto as
`
`Exhibit 1.
`
`49.
`
`50.
`
`The ’881 Patent duly and legally issued on November 18, 2008.
`
`TQ Delta is the current owner by assignment of all rights, title, and interest in and
`
`under the ’881 Patent. TQ Delta has standing to sue for infringement of the ’881 Patent.
`
`51.
`
`The G.bond (ITU-T G.998.1 and G.998.2) standards specify functionality for a
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`plurality of bonded transceivers, each bonded transceiver utilizing at least one transmission
`
`parameter value to reduce a difference in latency between the bonded transceivers, wherein a data
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`rate for a first of the bonded transceivers is different than a data rate for a second of the bonded
`
`transceivers (e.g., using forward error correction and/or interleaving parameter values to reduce
`
`the difference in latency between the higher and lower speed links).17
`
`52.
`
`CommScope’s DSL CPE Products comply with G.bond (ITU-T G.998.1 and
`
`G.998.2).18
`
`53.
`
`CommScope has directly infringed and continues to infringe at least claim 17 of
`
`the ’881 Patent in violation of 35 U.S.C. § 271(a) by, directly or through intermediaries and
`
`without TQ Delta’s authority, making, using, selling, or offering to sell DSL CPE Products in the
`
`United States, or importing said DSL CPE Products into the United States.
`
`54.
`
`Further and in the alternative, CommScope has been actively inducing infringement
`
`of at least claim 17 of the ’881 Patent in violation of 35 U.S.C. § 271(b). CommScope users and
`
`
`17 See, e.g., ITU-T G.998.1 at Summary, Table 7.7, Table C.7-7, §§ 1, 11.4.1, K.2.7; ITU-T
`G.998.2 at Summary, §§ 6, 61.2.2.5.
`
`18 See, e.g., https://www.commscope.com/globalassets/digizuite/62029-nvg44x-datasheet.pdf
`(disclosing support for ADSL2/2+ bonding and VDSL2 bonding).
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 13
`
`IPR2022-00833
`CommScope, Inc. Exhibit 1028
`
`Page 13 of 299
`
`

`

`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 14 of 60 PageID #: 14
`
`customers (e.g., service providers) of DSL CPE Products directly infringed at least claim 17 of the
`
`’881 Patent when they used the DSL CPE Products in the ordinary, customary, and intended way
`
`to operate within the G.bond (ITU-T G.998.1 and G.998.2) standard. CommScope’s inducements
`
`included, without limitation and with specific intent to encourage the infringement, knowingly
`
`inducing consumers to use the DSL CPE Products within the United States in the ordinary,
`
`customary, and intended way by, directly or through intermediaries, supplying said DSL CPE
`
`Products to customers within the United States and instructing and encouraging such customers
`
`(for example, via distributing the DSL CPE Products to service-provider customers and instructing
`
`those service-provider customers to use to the products to implement G.bond (ITU-T G.998.1 and
`
`G.998.2)) how to use the DSL CPE Products in the ordinary, customary, and intended way, which
`
`CommScope knows or should know infringes at least claim 17 of the ’881 Patent. CommScope’s
`
`inducements may further include, without limitation and with specific intent to encourage the
`
`infringement, knowingly inducing customers to use the DSL CPE Products within the United
`
`States, or knowingly inducing customers to use the DSL CPE Products within the United States,
`
`by, directly or through intermediaries, instructing and encouraging such customers to make, use,
`
`sell, or offer to sell the DSL CPE Products in the United States, which CommScope knows or
`
`should know infringes at least claim 17 of the ’881 Patent.
`
`55.
`
`Further and in the alternative, CommScope, in violation of 35 U.S.C. § 271(c), has
`
`contributorily infringed, and is contributorily infringing, the ’881 Patent, by selling DSL CPE
`
`Products to customers in the United States for use in practicing at least claim 17 of the ’881 Patent,
`
`knowing that said products are material to practicing the claimed inventions, are not staple articles
`
`or commodities of commerce suitable for substantial non-infringing use, and are especially made
`
`or especially adapted for use in an infringement of the ’881 Patent. Specifically, CommScope sold
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 14
`
`IPR2022-00833
`CommScope, Inc. Exhibit 1028
`
`Page 14 of 299
`
`

`

`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 15 of 60 PageID #: 15
`
`the DSL CPE Products to customers knowing that the products directly infringe the ’881 Patent
`
`when used for their normal and intended purpose, including by operating in accordance with
`
`G.bond (ITU-T G.998.1 and G.998.2). The products are made for the specific purpose of operating
`
`according to the DSL Standards and have no substantial non-infringing use.
`
`56.
`
`CommScope knew or should have known of the ’881 Patent but was willfully blind
`
`to the existence of the Patent. CommScope has had actual knowledge of the ’881 Patent since at
`
`least as early as the filing and service of this Complaint. By the time of the trial of this case,
`
`CommScope will have known and intended that its continued actions since receiving such notice
`
`would infringe and actively induce and contribute to the infringement of one or more claims of the
`
`’881 Patent. CommScope’s infringement of the ’881 Patent has been willful and deliberate.
`
`B.
`
`Infringement of the ’686 Patent
`
`57.
`
`The allegations of each foregoing paragraph are incorporated by reference as if
`
`fully set forth herein and form the basis for the following cause of action against each Defendant.
`
`58.
`
`A true and correct copy of the ’686 Patent, entitled “Systems and methods for
`
`establishing a diagnostic transmission mode and communicating over the same,” and with David
`
`Krinsky as the first named inventor, is attached hereto as Exhibit 2.
`
`59.
`
`60.
`
`The ’686 Patent duly and legally issued on August 4, 2009.
`
`TQ Delta is the current owner by assignment of all rights, title, and interest in and
`
`under the ’686 Patent. TQ Delta has standing to sue for infringement of the ’686 Patent.
`
`61.
`
`The ADSL2/2+ (G.992.3/5) and VDSL2 (ITU-T G.993.2) standards specify
`
`functionality for an information storage media comprising instructions that when executed
`
`communicate diagnostic information over a communication channel using multicarrier modulation
`
`comprising: instructions that when executed direct a transceiver to receive or transmit an initiate
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 15
`
`IPR2022-00833
`CommScope, Inc. Exhibit 1028
`
`Page 15 of 299
`
`

`

`Case 2:21-cv-00310-JRG Document 1 Filed 08/13/21 Page 16 of 60 PageID #: 16
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`diagnostic mode message; and instructions that when executed transmit from the transceiver a
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`diagnostic message using multicarrier modulation with DMT symbols that are mapped to one bit
`
`of the diagnostic message, wherein the diagnostic message comprises a plurality of data variables
`
`representing the diagnostic information about the communication channel, and wherein one
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`variable comprises an array representing is frequency domain received idle channel noise
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`information (e.g., loop diagnostic mode procedures).19
`
`62.
`
`CommScope’s DSL CPE Products include products that operate in accordance with
`
`VDSL2 (ITU-T G.993.2).20
`
`63.
`
`CommScope’s DSL CPE Products include products that operate in