`
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`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
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`§
`Case No. 6:21-cv-00985-ADA
`§
`
`§
`JURY TRIAL DEMANDED
`§
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`§
`§
`§
`§
`§
`§
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`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`v.
`
`
`GOOGLE LLC,
`
`
`Defendant.
`
`
`
`
`
`Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) for its Amended Complaint
`
`against Defendant Google LLC (“Google” or “Defendant”), for patent infringement under 35
`
`U.S.C. § 271, alleges as follows:
`
`THE PARTIES
`
`1.
`
`Jawbone is a corporation organized and existing under the laws of the State of
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`Texas, with its principal place of business located at 2226 Washington Avenue, Suite Number 1,
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`Waco, Texas 76701. Jawbone is in the business of developing software products, including
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`products that exploit the technology disclosed in its patent portfolio.
`
`2.
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`Google is a Delaware corporation and maintains its principal place of business
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`located at 1600 Amphitheatre Parkway, Mountain View, California 94043, and may be served with
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`process through its registered agent, Corporation Service Company at 251 Little Falls Drive,
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`Wilmington, Delaware 19808.
`
`3.
`
`Upon information and belief, Google does business in Texas, directly or through
`
`intermediaries, and offers its products and/or services, including those accused herein of
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 001
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 2 of 63
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`infringement, to customers and potential customers located in Texas, including in this Judicial
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`District.
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`4.
`
`On information and belief, Google maintains regular and established places of
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`business within this Judicial District including at least the following locations: 500 West 2nd
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`Street, Austin, Texas 78701 and 110 East Houston Street, #300, San Antonio, Texas 78205. Upon
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`information and belief, Defendant employs individuals in this Judicial District involved in the sales
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`and marketing of its products.
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`JURISDICTION AND VENUE
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`5.
`
`This is an action for patent infringement arising under the patent laws of the United
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`States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Defendant. Defendant regularly conducts
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`business and has committed acts of patent infringement within this Judicial District that give rise
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`to this action and has established minimum contacts with this forum, such that exercise of
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`jurisdiction over Google would not offend traditional notions of fair play and substantial justice.
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`Google has committed and continues to commit acts of infringement in this Judicial District by,
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`among other things, offering to sell, selling, using, importing, and making products and services
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`that infringe the asserted patents. Google has further induced acts of patent infringement by others
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`in this Judicial District and/or has contributed to patent infringement by others in this Judicial
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`District, the State of Texas, and elsewhere in the United States.
`
`7.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`Google is registered to do business in Texas and, upon information and belief, Google has
`
`transacted business in this Judicial District and has committed acts of direct and indirect
`
`2
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 002
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 3 of 63
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`infringement in the Western District of Texas. Google has regular and established places of
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`business in this Judicial District as set forth above.
`
`8.
`
`Google is subject to this Court’s jurisdiction pursuant to due process and the Texas
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`Long Arm Statute due at least to its substantial business in this State and Judicial District, including
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`(a) at least part of its past infringing activities, (b) regularly doing or soliciting business in Texas,
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`and/or (c) engaging in persistent conduct and/or deriving substantial revenue from goods and
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`services provided to customers in Texas.
`
`FACTUAL BACKGROUND
`
`9.
`
`On September 13, 2011, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,019,091 (the “’091 Patent”) entitled “Voice activity detector
`
`(VAD)-based multiple-microphone acoustic noise suppression.” A true and correct copy of the
`
`’091 Patent is attached hereto as Exhibit A.
`
`10.
`
`On July 17, 2007, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 7,246,058 (the “’058 Patent”) entitled “Detecting Voiced and Unvoiced
`
`Speech Using Both Acoustic and Nonacoustic Sensors.” A true and correct copy of the ’058 Patent
`
`is attached hereto as Exhibit B.
`
`11.
`
`On October 2, 2012, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,280,072 (the “’072 Patent”) entitled “Microphone Array with Rear
`
`Venting.” A true and correct copy of the ’072 Patent is attached hereto as Exhibit C.
`
`12.
`
`On November 27, 2012, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,321,213 (the “’213 Patent”) entitled “Acoustic Voice Activity
`
`Detection (AVAD) for Electronic Systems.” A true and correct copy of the ’213 Patent is attached
`
`hereto as Exhibit D.
`
`3
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 003
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 4 of 63
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`13.
`
`On December 4, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,326,611 (the “’611 Patent”) entitled “Acoustic Voice Activity
`
`Detection (AVAD) for Electronic Systems.” A true and correct copy of the ’611 Patent is attached
`
`hereto as Exhibit E.
`
`14.
`
`On September 15, 2020, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 10,779,080 (the “’080 Patent”) entitled “Dual Omnidirectional
`
`Microphone Array (DOMA).” A true and correct copy of the ’080 Patent is attached hereto as
`
`Exhibit F.
`
`15.
`
`On September 14, 2021, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 11,122,357 (the “’357 Patent”) entitled “Forming Virtual
`
`Microphone Arrays Using Dual Omnidirectional Microphone Array (DOMA).” A true and correct
`
`copy of the ’357 Patent is attached hereto as Exhibit G.
`
`16.
`
`On June 18, 2013, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,467,543 (the “’543 Patent”) entitled “Microphone and Voice Activity
`
`Detection (VAD) Configurations for Use with Communications Systems.” A true and correct copy
`
`of the ’543 Patent is attached hereto as Exhibit H.
`
`17.
`
`On August 6, 2013, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,503,691 (the “’691 Patent”) entitled “Virtual Microphone Arrays Using
`
`Dual Omnidirectional Microphone Array (DOMA).” A true and correct copy of the ’691 Patent is
`
`attached hereto as Exhibit I.
`
`18.
`
`Jawbone is the sole and exclusive owner of all right, title, and interest to and in the
`
`’091 Patent, ’058 Patent, ’072 Patent, ’213 Patent, ’611 Patent, ’080 Patent, ’357 Patent,’543
`
`Patent, and the ’691 Patent (together, the “Patents-in-Suit”), and holds the exclusive right to take
`
`4
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 004
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 5 of 63
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`all actions necessary to enforce its rights to the Patents-in-Suit, including the filing of this patent
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`infringement lawsuit. Jawbone also has the right to recover all damages for past, present, and future
`
`infringement of the Patents-in-Suit and to seek injunctive relief as appropriate under the law.
`
`19.
`
`The technology of the Patents-in-Suit was developed by Jawbone, Inc., which was
`
`originally founded in 1998 as AliphCom, Inc. (“AliphCom”). AliphCom set out to develop a noise
`
`reducing headset that would allow soldiers to communicate better in combat conditions. In 2002,
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`AliphCom won a contract with the Defense Advanced Research Projects Agency to research noise
`
`suppression techniques for the United States military.
`
`20.
`
`AliphCom launched a mobile headset called the “Jawbone” in 2004. The
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`“Jawbone” included the innovative noise-suppression technology that AliphCom developed for
`
`the military. This technology virtually eliminated background noise while increasing the volume
`
`of the speakers’ voices. AliphCom followed with a Bluetooth version of the “Jawbone” in 2008
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`which was sold in the Apple Store.
`
`21.
`
`On the heels of the success of the “Jawbone” products, AliphCom changed its name
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`to Jawbone, Inc. in 2011 and later expanded its product offerings into Bluetooth speakers and
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`wearables, such as health tracking devices. Unfortunately, due to the intensely competitive
`
`marketplace, Jawbone, Inc. was forced into liquidation in 2017.
`
`22.
`
`Upon information and belief, Google has extensive knowledge of Jawbone’s patent
`
`portfolio and pursued investment in, or acquisition of, Jawbone, Inc., on at least one occasion since
`
`January 2015.1
`
`
`1 See e.g. https://www.fiercehealthcare.com/mobile/jawbone-may-be-next-big-connected-device-
`investment-for-google
`
`5
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 005
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 6 of 63
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`23.
`
`Following Jawbone, Inc.’s liquidation, “[a] host of technology companies,
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`including Apple, Samsung, Google, LG, and Fitbit [were] identified as potential buyers of
`
`Jawbone’s US Patents.”2 Upon information and belief, Envision IP (and other parties) contacted
`
`Google regarding the value of the Patents-in-Suit, including regarding Google’s infringement of
`
`the Patents-in-Suit. Upon information and belief, Google was notified that the Accused Products
`
`infringe the Patents-in-Suit, and/or otherwise became aware of the Patents-in-Suit and recognized
`
`that the Accused Products infringe the Patents-in-Suit at least as of 2017.
`
`24.
`
`In 2015 Jawbone, Inc. hired Sameer Samat as President. Mr. Samat was previously
`
`Vice President of shopping and travel products at Google.3 As President of Jawbone, Inc., Mr.
`
`Samat was “in charge of product and engineering, including product development, product
`
`management and business development, software engineering, design and product experience and
`
`the CTO org.”4
`
`25.
`
`As President of Jawbone, Inc., Mr. Samat had knowledge of and was responsible
`
`for Jawbone, Inc.’s intellectual property holdings and strategy, including Jawbone Inc.’s patents.
`
`26.
`
`In January of 2016, Mr. Samat left Jawbone, Inc. and returned to Google as Vice
`
`President, Product Management. On information and belief, Google became aware of at least the
`
`’091, ’072, ’691, ’543, ’058, and ’611 Patents at that time.
`
`27.
`
`On information and belief, the co-inventor of the ’091 Patent, Eric Breitfeller, is a
`
`current Google employee.5 On information and belief, Google learned of at least the ’091 Patent
`
`
`2 https://www.worldipreview.com/news/apple-google-and-fitbit-touted-to-acquire-jawbone-
`patents-14322
`3 https://www.vox.com/2015/5/11/11562528/jawbone-hires-google-commerce-head-sameer-
`samat-as-president
`4 Id.
`5 https://www.researchgate.net/profile/Eric-Breitfeller
`
`6
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 006
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 7 of 63
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`when Mr. Breitfeller began working at Google. On information and belief, Google, as a
`
`sophisticated technical company, investigated other patents invented by the co-inventor of the ’091
`
`Patent, and discovered the other Patents-in-Suit at that time.
`
`The ’357 Patent is a continuation of the ’691 Patent.
`
`The ’080 Patent claims priority to the same provisional applications as the ’691
`
`28.
`
`29.
`
`Patent.
`
`30.
`
`On information and belief, Google, as a sophisticated technology company, upon
`
`becoming aware of the ’691 Patent, monitored Jawbone’s related patent filings and became aware
`
`of the ’080 and ’357 Patents when they issued on September 15, 2020 and September 14, 2021,
`
`respectively.
`
`31.
`
`On information and belief, Google, as a sophisticated technology company,
`
`analyzed each of the Patents-in-Suit when it became aware of the patent and determined how its
`
`products infringed at that time.
`
`32.
`
`Google has further been aware of the ’091, ’072, ’543, ’058, ’611, ’080, and ’357
`
`Patents at least as early as the filing of the original Complaint in this case on September 23, 2021.
`
`33.
`
`Google has further had notice of how it infringes the ’091, ’072, ’543, ’058, ’611,
`
`’080, and ’357 Patents at least as early as the filing of the original Complaint in this case on
`
`September 23, 2021.
`
`INFRINGEMENT ALLEGATIONS
`
`34.
`
`The ’091 and ’058 Patents generally describe acoustic noise suppression with a
`
`voice activity detector that senses vibration in human tissue associated with voicing activity. The
`
`technology of the ’091 was developed by Dr. Gregory C. Burnett and Eric F. Breitfeller. The
`
`technology of the ’058 Patent was developed by Dr. Gregory C. Burnett. The ’091 and ’058 Patents
`
`7
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 007
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 8 of 63
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`also describe techniques for generating transfer functions and cross correlations representative of
`
`acoustic signals when voicing activity is absent, providing improved noise suppression. Some
`
`embodiments of the invention include a microphone array with one microphone which primarily
`
`captures sound (e.g., speech) and one which primarily captures unwanted noise, both of which
`
`provide signals to a noise removal algorithm.
`
`35.
`
`The noise removal algorithm may also receive physiological information from a
`
`voice activity detector (e.g., an accelerometer) to detect when a user is speaking. Such a voice
`
`activity detection signal may be assumed to be perfectly accurate, yielding substantial
`
`improvements when applied to the noise removal algorithm. For example, the noise removal
`
`algorithm may remove noise by calculating one transfer function when the system is certain that
`
`only noise is being received, and another transfer function when the system is certain that speech
`
`is being produced. The noise removal algorithm may further improve noise suppression in
`
`situations with multiple noise sources by combining such transfer functions into additional transfer
`
`functions representative of a ratio of energies received at different microphones. By taking
`
`advantage of perfect voice activity detection and transfer functions representative of a ratio of
`
`energies received at different microphones, the noise removal algorithm may effectively remove
`
`noise from a signal no matter how many noise sources are present. The invention thereby provides
`
`significant advantages for noise suppression systems, particularly in detecting, transmitting, or
`
`recording speech.
`
`36.
`
`Google has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’091 and ’058
`
`Patents. For example, noise suppression techniques are incorporated into Google products with
`
`voice activity detection devices including, but not limited to, Google ear buds and smartphones.
`
`8
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 008
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 9 of 63
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`For example, this functionality is included and utilized in the Google Pixel Buds. The Pixel Buds
`
`include “uniquely placed beamforming mics and voice accelerometer [to] deliver crystal-clear
`
`calls even in noisy environments.”6 Upon information and belief, the “voice accelerometer” of the
`
`Pixel Buds comprises at least a “motion-detecting accelerometer and gyroscope” which detect
`
`vibration in human tissue.7 Upon information and belief, the beamforming microphone array of
`
`the Pixel Buds generate transfer functions representative of a ratio of energy of the acoustic signals
`
`received at each microphone.
`
`8
`
`
`
`37.
`
`The ’072 Patent generally describes acoustic noise suppression with an array of
`
`physical microphones which forms an array of virtual microphones. The technology was
`
`developed by Dr. Gregory C. Burnett. The ’072 Patent also describes noise suppression with
`
`physical omnidirectional microphones, and virtual directional microphones. In some embodiments
`
`of the invention, a greater number of physical microphones may be used to form a smaller number
`
`
`6 https://support.google.com/googlepixelbuds/answer/7545575?hl=en
`7 https://store.google.com/us/product/pixel_buds_specs
`8 https://store.google.com/us/product/pixel_buds
`
`9
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 009
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 10 of 63
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`of virtual microphones, which are combined into an output signal with less acoustic noise than the
`
`received acoustic signals. The resulting virtual microphones may further be combined by applying
`
`transfer functions representative of a ratio of energies between physical microphones, outputting
`
`a signal with greatly reduced noise. The invention provides significant advantages for noise
`
`suppression systems, particularly in detecting, transmitting, or recording speech.
`
`38.
`
`Google has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’072 Patent. For
`
`example, this functionality is included and utilized in Google products with omnidirectional
`
`physical MEMs microphones which form virtual beamformed microphones including, but not
`
`limited to, Google ear buds, smart phones, tablets, wearables, and smart home devices. For
`
`example, upon information and belief, the Google Pixel Buds earbuds comprise arrays of at least
`
`four physical microphones and two beamformed microphones, the outputs of which are combined
`
`to reduce the noise of a signal. Google states that the Pixel Buds use “uniquely placed beamforming
`
`mics and voice accelerometer [to] deliver crystal-clear calls even in noisy environments.”9
`
`
`9 https://support.google.com/googlepixelbuds/answer/7545575?hl=en
`
`10
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 010
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 11 of 63
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`
`
`
`
`10
`
`39.
`
`The ’611 and ’213 Patents generally describe acoustic voice activity detection
`
`based on a ratio of energies between virtual microphones formed by an array of physical
`
`microphones. The technology of the ’611 and ’213 Patents was developed by Dr. Gregory C.
`
`Burnett, Nicholas Petit, and Zhinian Jing. In some embodiments of the invention, a first virtual
`
`
`10 https://store.google.com/us/product/pixel_buds
`
`11
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 011
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 12 of 63
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`microphone may be generated by summing the outputs of a first physical microphone processed
`
`with a delay filter, and a second physical microphone processed with a calibration filter and an
`
`adaptive filter, while a second virtual microphone may be generated by summing the outputs of a
`
`first physical microphone processed with an adaptive filter and a delay filter, and a second physical
`
`microphone processed with a calibration filter. Accordingly, the invention provides virtual
`
`microphones with similar noise response magnitudes, but very dissimilar speech response
`
`magnitudes. A ratio of energies between the virtual microphones may further be compared to a
`
`threshold to detect when voicing activity is occurring. The invention of the ’611 and ’213 Patents
`
`provides significant improvements in noise suppression, including by enabling accurate voice
`
`activity detection with a microphone array.
`
`40.
`
`Google has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’213 and ’611
`
`Patents. For example, this functionality is included and utilized in Google products which use
`
`virtual microphones formed by physical microphones to detect a wake word including, but not
`
`limited to, Google ear buds, smart phones, tablets, wearables, and smart home devices. For
`
`example, upon information and belief, the Google Nest forms an array of virtual microphones,
`
`such as by implementing a form of filter-and-sum beamforming. Upon information and belief, the
`
`Google Nest detects user speech, such as a “Hey Google” wake word, by comparing a ratio of
`
`energies (e.g., amplitudes), of the beamformed microphones to a threshold.
`
`12
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 012
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 13 of 63
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`11
`
`41.
`
`The ’080 Patent generally describes noise suppression with an array of
`
`omnidirectional microphones that form virtual microphones with a similar noise response and a
`
`dissimilar speech response. The technology of the ’080 Patent was developed by Dr. Gregory C.
`
`Burnett. The ’080 Patent also describes a dual omnidirectional microphone array that forms two
`
`distinct virtual microphones that can be paired with an adaptive filter and/or VAD algorithm to
`
`significantly reduce noise without distorting speech, thereby improving the signal-to-noise ratio of
`
`the desired speech. In some embodiments, output of each physical microphone can be delayed,
`
`multiplied by a gain, and summed with the other in order to form at least one virtual microphone,
`
`which may be paired with an adaptive filter and/or VAD algorithm to suppress noise. The invention
`
`of the ’080 Patent provides substantial advantages for noise suppression systems, particularly in
`
`detecting, transmitting, or recording speech.
`
`
`11 Li et al., Neural Network Adaptive Beamforming for Robust Multichannel Speech
`Recognition,
`https://static.googleusercontent.com/media/research.google.com/en//pubs/archive/45399.pdf
`
`13
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 013
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 14 of 63
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`42.
`
`Google has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’080 Patent. For
`
`example, this functionality is included and utilized in Google products with omnidirectional
`
`physical MEMS microphones which form virtual beamformed microphones including, but not
`
`limited to, Google ear buds, smart phones, tablets, wearables, and smart home devices. For
`
`example, upon information and belief, each Google Pixel Buds earbud comprises two physical
`
`omnidirectional microphones, and a processing component coupled to the microphone array
`
`generating two beamformed virtual microphones. On information and belief, the processing
`
`component generates beamformed microphones with different first and second combinations of
`
`output signals from the physical microphone array, wherein the virtual microphones have a similar
`
`noise response and a dissimilar speech response.
`
`43.
`
`The ’357 and ’691 Patents generally describe acoustic noise suppression with an
`
`array of physical microphones which forms an array of virtual microphones. The technology was
`
`developed by Dr. Gregory C. Burnett. The ’357 and ’691 Patents also describe noise suppression
`
`with physical omnidirectional microphones and virtual directional microphones. The physical
`
`and/or virtual microphone signals may be combined by filtering and summing in the time domain
`
`to apply a varying linear transfer function, suppressing noise in the output signal. The invention
`
`provides significant advantages for noise suppression systems, particularly in detecting,
`
`transmitting, or recording speech.
`
`44.
`
`Google has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’357 and ’691
`
`Patents. For example, this functionality is included and utilized in Google products with physical
`
`MEMS microphones which form virtual beamformed microphones including, but not limited to,
`
`14
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`Jawbone's Exhibit No. 2001, IPR2022-01124
`Page 014
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`Case 6:21-cv-00985-ADA Document 23 Filed 12/23/21 Page 15 of 63
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`Google ear buds, smart phones, tablets, wearables, and smart home devices. For example, upon
`
`information and belief, the Google Pixel Buds earbuds comprise arrays of physical microphones,
`
`the outputs of which are combined into beamformed microphones to reduce the noise of a signal.
`
`On information and belief, the Pixel Buds combine the outputs the signals generated by the
`
`beamforming microphone array of each earbud to further reduce noise.
`
`45.
`
`The ’543 Patent generally describes communications systems comprising a voice
`
`detection subsystem and a denoising subsystem. The technology of the ’543 Patent was developed
`
`by Dr. Gregory C. Burnett, Nicholas Petit, Alexander M. Asseily, and Andrew E. Einaudi. The
`
`’543 Patent also describes microphone configurations wherein a first microphone is oriented
`
`toward a talker’s mouth, and a second microphone is oriented away from a talker’s mouth, such
`
`that the denoising subsystem may subtract noise associated with noise from an acoustic signal that
`
`includes speech and noise. In some embodiments of the invention, the denoising system selects a
`
`denoising method appropriate to data of at least one frequency subband of acoustic signals,
`
`generates noise waveform estimate, and subtracts the noise waveform estimate from signals
`
`including speech and noise when the voice detection subsystem indicates voicing activity is
`
`occurring. The invention provides significant advantages for noise suppression systems,
`
`particularly in detecting, transmitting, or recording speech.
`
`46.
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`Google has manufactured, used, marketed, distributed, sold, offered for sale,
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`exported from, and imported into the United States, products that infringe the ’543 Patent. For
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`example, noise suppression techniques are incorporated into Google products with voice activity
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`detection devices including, but not limited to, Google ear buds and smartphones. For example,
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`this functionality is included and utilized in the Google Pixel Buds. The Pixel Buds include
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`“uniquely placed beamforming mics and voice accelerometer [to] deliver crystal-clear calls even
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`in noisy environments.”12 Upon information and belief, the “voice accelerometer” of the Pixel
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`Buds comprises at least a “motion-detecting accelerometer and gyroscope” which detects vibration
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`in human tissue.13 At least one microphone of the Google Pixel Buds Pro (e.g. the lower
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`microphone) is oriented towards a user’s mouth, while at least one microphone is oriented away
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`from a user’s mouth. Similarly, the Google Pixel 5 comprises multiple beamforming microphones
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`and an accelerometer which, upon information and belief, is utilized for speech detection. At least
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`one microphone of the Google Pixel 5 is oriented towards the user’s mouth, while at least one
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`microphone is oriented away from the user’s mouth. On information and belief, the accelerometers
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`of the Accused Products detect vibration in human tissue and work together to attenuate
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`background noise and while detecting speech.
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`47.
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`Google has infringed and is continuing to infringe the Patents-in-Suit by making,
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`using, selling, offering to sell, and/or importing, and by actively inducing others to make, use, sell,
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`offer to sell, and/or import, Accused Products that comprise and utilize infringing microphone
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`and/or wireless proximity sensing functionality. The Accused Products include, but are not limited
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`to, all versions and variants of Google smartphones (e.g., Pixel, Nexus, Android One, Play Edition
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`series products) tablets and/or notebooks (e.g., Pixel Slate and Pixelbook series products), earbuds
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`(e.g., Pixel Buds series products), smart home devices (e.g., Google Home and Nexus series
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`products), and other Android Devices with Google Assistant functionality.
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`48.
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`Jawbone has at all times complied with the marking provisions of 35 U.S.C. § 287
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`with respect to the Patents-in-Suit. On information and belief, prior assignees and licensees have
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`also complied with the marking provisions of 35 U.S.C. § 287.
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`12 https://support.google.com/googlepixelbuds/answer/7545575?hl=en
`13 https://store.google.com/us/product/pixel_buds_specs
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`COUNT I
`(Infringement of the ’091 Patent)
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`49.
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`50.
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`Paragraphs 1 through 48 are incorporated by reference as if fully set forth herein.
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`Jawbone has not licensed or otherwise authorized Google to make, use, offer for
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`sale, sell, or import any products that embody the inventions of the ’091 Patent.
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`51.
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`Defendant has and continues to directly infringe the ’091 Patent, either literally or
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`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
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`using, offering to sell, selling, and/or importing into the United States products that satisfy each
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`and every limitation of one or more claims of the ’091 Patent. Upon information and belief, these
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`products include at least the Accused Products, such as those which comprise a microphone array
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`and a voice activity detector. The Accused Products include, but are not limited to, all versions
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`and variants of Google smartphones (e.g., Pixel, Nexus, Android One, Play Edition series
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`products) and earbuds (e.g., Pixel Buds series products).
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`52.
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`For example, Defendant has and continues to directly infringe at least claim 11 of
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`the ’091 Patent by making, using, offering to sell, selling, and/or importing into the United States
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`products that comprise a system for removing acoustic noise from the acoustic signals, comprising:
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`a receiver that receives at least two acoustic signals via at least two acoustic microphones
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`positioned in a plurality of locations; at least one sensor that receives human tissue vibration
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`information associated with human voicing activity of a user; a processor coupled among the
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`receiver and the at least one sensor that generates a plurality of transfer functions, wherein the
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`plurality of transfer functions includes a first transfer function representative of a ratio of energy
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`of acoustic signals received using at least two different acoustic microphones of the at least two
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`acoustic microphones, wherein the first transfer function is generated in response to a
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`determination that voicing activity is absent from the acoustic signals for a period of time, wherein
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`the plurality of transfer functions includes a second transfer function representative of the acoustic
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`signals, wherein the second transfer function is generated in response to a determination that
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`voicing activity is present in the acoustic signals for the period of time, wherein acoustic noise is
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`removed from the acoustic signals using the first transfer function and at least one combination of
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`the first transfer function and the second transfer function to produce the denoised acoustic data
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`stream.
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`53.
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`The Accused Products comprise a system for removing acoustic noise from
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`acoustic signals. For example, the Google Pixel Buds use “uniquely placed beamforming mics and
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`[a] voice accelerometer [to] deliver crystal-clear calls even in noisy environments.”
`
`54.
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`The Accused Products further comprise a receiver that receives at least two acoustic
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`signals via at least two acoustic microphones positioned in a plurality of locations. For example,
`
`upon information and belief, the Pixel Buds comprise a receiver that receives signals via a dual
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`microphone array, with at least two microphones positioned in a plurality of locations.14
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`
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`14 https://store.google.com/us/product/pixel_buds
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`15
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`55.
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`The Accused Products further comprise at least one sensor that receives human
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`tissue vibration info