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`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
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`§
`Case No. 6:21-cv-00984-ADA
`§
`
`§
`JURY TRIAL DEMANDED
`§
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`§
`§
`§
`§
`§
`§
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`v.
`
`
`APPLE INC.,
`
`
`Defendant.
`
`
`
`
`
`Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) for its Amended Complaint
`
`against Defendant Apple Inc. (“Apple” or “Defendant”) for patent infringement under 35 U.S.C.
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`§ 271, alleges as follows:
`
`THE PARTIES
`
`1.
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`Jawbone is a corporation organized and existing under the laws of the State of
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`Texas, with a place of business located at 2226 Washington Avenue, Suite Number 1, Waco, Texas
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`76701. Jawbone is in the business of developing software products, including products that exploit
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`the technology disclosed in its patent portfolio.
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`2.
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`Apple is a California corporation and maintains its principal place of business
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`located at One Apple Park Way, Cupertino, California 95014, and may be served with process
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`through its registered agent, CT Corporation System at 1999 Bryan Street, Suite 900, Dallas, Texas
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`75201.
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`Jawbone's Exhibit No. 2006, IPR2022-01321
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`3.
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`Apple does business in Texas, directly or through intermediaries, and offers its
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`products and/or services, including those accused herein of infringement, to customers and
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`potential customers located in Texas, including in this judicial District.
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`4.
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`On information and belief, Apple maintains regular and established places of
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`business within this Judicial District including at least the following locations: 12545 Riata Vista
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`Circle, Austin, Texas 78727; 12801 Delcour Drive, Austin, Texas 78727; and 3121 Palm Way,
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`Austin, Texas 78758. Upon information and belief, Defendant employs individuals in this Judicial
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`District involved in the sales and marketing of its products.
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`JURISDICTION AND VENUE
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`5.
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`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).
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`6.
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`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 and the State
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`of Texas that give rise to this action and has established minimum contacts with this forum such
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`that exercise of jurisdiction over Apple would not offend traditional notions of fair play and
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`substantial justice. Apple has committed and continues to commit acts of infringement in this
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`Judicial District and State by, among other things, offering to sell, selling, using, importing, and
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`making products and services that infringe the asserted patents. Apple has further induced acts of
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`patent infringement by others and/or has contributed to patent infringement by others in this
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`Judicial District, the State of Texas, and elsewhere in the United States.
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`7.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`Apple is registered to do business in Texas and, upon information and belief, Apple has transacted
`
`2
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`Jawbone's Exhibit No. 2006, IPR2022-01321
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 3 of 65
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`business in this Judicial District, has committed acts of direct and indirect infringement in this
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`Judicial District, and has regular and established places of business in this Judicial District as set
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`forth above.
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`8.
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`Apple 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.
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`FACTUAL BACKGROUND
`
`9.
`
`On September 13, 2011, the United States Patent and Trademark Office duly and
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`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
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`issued U.S. Patent No. 7,246,058 (the “’058 Patent”) entitled “Detecting Voiced and Unvoiced
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`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
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`legally issued U.S. Patent No. 8,321,213 (the “’213 Patent”) entitled “Acoustic Voice Activity
`
`3
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`Jawbone's Exhibit No. 2006, IPR2022-01321
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`Detection (AVAD) for Electronic Systems.” A true and correct copy of the ’213 Patent is attached
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`hereto as Exhibit D.
`
`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
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`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
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`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
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`Exhibit F.
`
`15.
`
`On September 14, 2021, the United States Patent and Trademark Office duly and
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`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
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`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
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`issued U.S. Patent No. 8,467,543 (the “’543 Patent”) entitled “Microphone and Voice Activity
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`Detection (VAD) Configurations for Use with Communications Systems.” A true and correct copy
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`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
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`attached hereto as Exhibit I.
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`
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`4
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`Jawbone's Exhibit No. 2006, IPR2022-01321
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`18.
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`Jawbone is the sole and exclusive owner of all right, title, and interest to and in the
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`’091 Patent, ’058 Patent, ’072 Patent, ’213 Patent, ’611 Patent, ’080 Patent, ’357 Patent,’543
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`Patent, and ’691 Patent (together, the “Patents-in-Suit”), and holds the exclusive right to take all
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`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
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`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
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`originally founded in 1998 as AliphCom, Inc. (“AliphCom”). AliphCom set out to develop a noise
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`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
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`suppression techniques for the United States military.
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`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.1 This technology virtually eliminated background noise while increasing the volume
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`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
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`marketplace, Jawbone, Inc. was forced into liquidation in 2017.
`
`22.
`
`Following Jawbone, Inc.’s liquidation “[a] host of technology companies including
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`Apple, Samsung, Google, LG, and Fitbit [were] identified as potential buyers of Jawbone’s US
`
`
`1 See https://www.wired.com/2004/09/military-headset-reaches-masses/
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`5
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`Patents.”2 Upon information and belief, Envision IP (and other parties) contacted Apple regarding
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`the value of the Patents-in-Suit, including regarding Apple’s infringement of the Patents-in-Suit.
`
`Upon information and belief, Apple 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
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`Products infringe the Patents-in-Suit at least as of 2017.
`
`23.
`
`Apple is the assignee of U.S. Patent No. 9,313,572 (“the ’572 Patent”). On May 15,
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`2015, during prosecution of the ’572 Patent, Apple listed the ’091 Patent in an information
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`disclosure statement to the United States Patent Office. Apple, therefore, had knowledge of the
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`’091 Patent since at least as of May 15, 2015.
`
`24.
`
`On information and belief, Apple’s investigation that discovered the ’091 Patent
`
`provided it with knowledge of the ’072 Patent (which is a continuation-in-part of the ’091 Patent)
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`at least as of the same time.
`
`25.
`
`On information and belief, Apple, as a sophisticated technology company, upon
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`becoming aware of the ’091 and ’072 Patents, investigated other patents with common inventors
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`and discovered the ’691, ’543, ’058, and ’611 Patents at least as of the same time in May 2015.
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`The ’357 Patent is a continuation of the ’691 Patent.
`
`The ’080 Patent claims priority to the same provisional applications as the ’691
`
`26.
`
`27.
`
`Patent.
`
`28.
`
`On information and belief, Apple, as a sophisticated technology company, upon
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`becoming aware of the ’691 Patent, monitored Jawbone’s related patent filings and became aware
`
`
`2 See https://www.worldipreview.com/news/apple-google-and-fitbit-touted-to-acquire-jawbone-
`patents-14322; https://www.glpi.com.br/en/apple-google-and-fitbit-touted-to-acquire-jawbone-
`patents/; see also http://patentvue.com/2017/07/11/jawbone-patents-could-be-leveraged-by-a-
`competitor/
`
`6
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`of the ’080 and ’357 Patents when they issued on September 15, 2020 and September 14, 2021,
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`respectively.
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`29.
`
`On information and belief, Apple, as a sophisticated technology company, analyzed
`
`each of the Patents-in-Suit when it became aware of the patent and determined how its products
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`infringed at that time.
`
`30.
`
`Apple 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.
`
`31.
`
`Apple has further had notice of how it infringes the ’091, ’072, ’543, ’058, ’611,
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`’080, and ’357 Patents at least as early as the filing of the original Complaint in this case on
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`September 23, 2021.
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`INFRINGEMENT ALLEGATIONS
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`32.
`
`The ’091 and ’058 Patents generally describe acoustic noise suppression with a
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`voice activity detector that senses vibration in human tissue associated with voicing activity. The
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`technology of the ’091 was developed by Dr. Gregory C. Burnett and Eric F. Breitfeller. The
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`technology of the ’058 Patent was developed by Dr. Gregory C. Burnett. The ’091 and ’058 Patents
`
`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
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`provide signals to a noise removal algorithm.
`
`33.
`
`The noise removal algorithm may also receive physiological information from a
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`voice activity detector (e.g., an accelerometer) to detect when a user is speaking. Such a voice
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`activity detection signal may be assumed to be perfectly accurate, yielding substantial
`
`7
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`Jawbone's Exhibit No. 2006, IPR2022-01321
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 8 of 65
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`improvements when applied to the noise removal algorithm. For example, the noise removal
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`algorithm may remove noise by calculating one transfer function when the system is certain that
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`only noise is being received, and another transfer function when the system is certain that speech
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`is being produced. The noise removal algorithm may further improve noise suppression in
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`situations with multiple noise sources by combining such transfer functions into additional transfer
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`functions representative of a ratio of energies received at different microphones. By taking
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`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.
`
`34.
`
`Apple 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 Apple products with
`
`voice activity detection devices including, but not limited to, Apple ear buds and smartphones. For
`
`example, this functionality is included and utilized in the Apple AirPods Pro. The AirPods Pro
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`includes “dual beamforming microphones” and a “speech-detecting accelerometer.”3 The “speech-
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`detecting accelerometer” of the AirPods Pro detects vibration in human tissue and “works in
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`tandem to attenuate background noise and hone in on relaying your voice to the person on the other
`
`end of the call.”4 Upon information and belief, the beamforming microphone array of the AirPods
`
`Pro generates transfer functions representative of a ratio of energy of the acoustic signals received
`
`
`3 https://www.apple.com/airpods-pro/specs/
`4 https://www.soundguys.com/apple-airpods-pro-vs-airpods-2-27213/
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`8
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`Jawbone's Exhibit No. 2006, IPR2022-01321
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`at each microphone. For example, the Apple iPhone 12 Pro Max similarly comprises an
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`accelerometer which, upon information and belief, is used to detect voicing activity. Upon
`
`information and belief, the beamforming microphone array of the iPhone 12 Pro Max further
`
`generates transfer functions representative of a ratio of energy of the acoustic signals received at
`
`each microphone.
`
`
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`5
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`5 https://www.apple.com/airpods-pro/specs/
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`9
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 10 of 65
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`35.
`
`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
`
`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.
`
`36.
`
`Apple 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 Apple products with omnidirectional
`
`physical MEMS microphones which form virtual beamformed microphones including, but not
`
`limited to, Apple ear buds, smart phones, tablets, wearables, and smart home devices. For example,
`
`upon information and belief, the Apple AirPods Pro 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. On information and belief, the AirPods Pro earbuds combine the
`
`outputs, the signals generated by the beamforming microphone array of each earbud to further
`
`reduce noise. 6
`
`37.
`
`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
`
`
`6 https://www.soundguys.com/apple-airpods-pro-vs-airpods-2-27213/
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`10
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`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
`
`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.
`
`38.
`
`Apple 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 Apple products which use virtual
`
`microphones formed by physical microphones to detect a wake word including, but not limited to,
`
`Apple ear buds, smart phones, tablets, wearables, and smart home devices. For example, upon
`
`information and belief, the iPhone 12 Pro Max forms an array of virtual microphones using an
`
`array of physical microphones. For example, upon information and belief, the Apple HomePod
`
`forms an array of virtual microphones, such as by beamforming. Upon information and belief, the
`
`iPhone 12 Pro Max and the HomePod detect user speech, such as a “Hey Siri” wake word, by
`
`comparing a ratio of energies (e.g., amplitudes), of the beamformed microphones to a threshold.7
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`
`7 See e.g. https://support.apple.com/en-us/HT204389
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`8
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`8 https://machinelearning.apple.com/research/optimizing-siri-on-homepod-in-far-field-settings
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`12
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`9
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`
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`39.
`
`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
`
`
`9 https://www.apple.com/iphone-12/specs/
`
`13
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`Jawbone's Exhibit No. 2006, IPR2022-01321
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`of the ’080 Patent provides substantial advantages for noise suppression systems, particularly in
`
`detecting, transmitting, or recording speech.
`
`40.
`
`Apple 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 Apple products with omnidirectional
`
`physical MEMS microphones which form virtual beamformed microphones including, but not
`
`limited to, Apple ear buds, smart phones, tablets, wearables, and smart home devices. For example,
`
`upon information and belief, each Apple AirPods Pro 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.
`
`41.
`
`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.
`
`42.
`
`Apple has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’357 and ’691
`
`14
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`Jawbone's Exhibit No. 2006, IPR2022-01321
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 15 of 65
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`Patents. For example, this functionality is included and utilized in Apple products with physical
`
`MEMS microphones which form virtual beamformed microphones including, but not limited to,
`
`Apple ear buds, smart phones, tablets, wearables, and smart home devices. For example, upon
`
`information and belief, the Apple AirPods Pro 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 AirPods Pro earbuds combine the outputs, the signals generated by
`
`the beamforming microphone array of each earbud, to further reduce noise. Similarly, the iPhone
`
`12 Pro Max comprises an array of physical microphones, the outputs of which are, upon
`
`information and belief, combined into beamformed microphones to reduce the noise of a signal.
`
`10
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`
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`10 https://www.apple.com/iphone-12/specs/
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`15
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`Jawbone's Exhibit No. 2006, IPR2022-01321
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 16 of 65
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`43.
`
`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
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`denoising method appropriate to data of at least one frequency subband of acoustic signals,
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`generates noise waveform estimate, and subtracts the noise waveform estimate from signals
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`including speech and noise when the voice detection subsystem indicates voicing activity is
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`occurring. The invention provides significant advantages for noise suppression systems,
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`particularly in detecting, transmitting, or recording speech.
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`44.
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`Apple 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
`
`example, noise suppression techniques are incorporated into Apple products with voice activity
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`detection devices including, but not limited to, Apple ear buds and smartphones. For example, this
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`functionality is included and utilized in the Apple AirPods Pro and the iPhone 12 Pro Max. The
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`AirPods Pro include “dual beamforming microphones” and a “speech-detecting accelerometer.”11
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`At least one microphone of the AirPods Pro (e.g. the lower microphone) is oriented towards a
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`user’s mouth, while at least one microphone is oriented away from a user’s mouth. Similarly, the
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`Apple iPhone 12 Pro Max comprises multiple beamforming microphones and an accelerometer
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`11 https://www.apple.com/airpods-pro/specs/
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`16
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`Page 016
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 17 of 65
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`which, upon information and belief, is utilized for speech detection.12 At least one microphone of
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`the iPhone 12 Pro Max is oriented towards the user’s mouth, while at least one microphone is
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`oriented away from the user’s mouth. On information and belief, the accelerometers of the Accused
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`Products detect vibration in human tissue, and “work[] in tandem to attenuate background noise
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`and hone in on relaying your voice to the person on the other end of the call.”13
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`14
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`
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`12 See e.g.
`https://developer.apple.com/documentation/avfaudio/avaudiosessiondatasourcedescription
`13 https://www.soundguys.com/apple-airpods-pro-vs-airpods-2-27213/
`14 https://www.ifixit.com/Teardown/iPhone+12+Pro+Max+Teardown/138640
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`17
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`Jawbone's Exhibit No. 2006, IPR2022-01321
`Page 017
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 18 of 65
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`15
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`15 https://www.apple.com/iphone-12/specs/
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`18
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`Jawbone's Exhibit No. 2006, IPR2022-01321
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 19 of 65
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`16
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`45.
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`Apple 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 importing, 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 Apple iPhone, iPad, AirPods Pro, and HomePod products.
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`46.
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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.
`
`
`16 https://www.dxomark.com/apple-iphone-12-pro-max-audio-review-a-reliable-and-consistent-
`audio-performer/
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`19
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`Jawbone's Exhibit No. 2006, IPR2022-01321
`Page 019
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 20 of 65
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`COUNT I
`(Infringement of the ’091 Patent)
`
`47.
`
`48.
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`Paragraphs 1 through 46 are incorporated by reference as if fully set forth herein.
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`Jawbone has not licensed or otherwise authorized Apple to make, use, offer for sale,
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`sell, or import any products that embody the inventions of the ’091 Patent.
`
`49.
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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 at least all versions and variants of
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`Apple iPhone and AirPods.
`
`50.
`
`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
`
`20
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`Page 020
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 21 of 65
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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
`
`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.
`
`51.
`
`The Accused Products comprise a system for removing acoustic noise from
`
`acoustic signals. For example, the Apple AirPods Pro and iPhone 12 Pro Max each use
`
`beamforming microphones in tandem with a voice detecting accelerometer to reduce noise in voice
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`signals.
`
`52.
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`The Accused Products further comprise a receiver that receives at least two acoustic
`
`signals via at least two acoustic microphones positioned in a plurality of locations. For example,
`
`upon information and belief, the AirPods Pro and iPhone 12 Pro Max each comprise a receiver
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`that receives signals via a microphone array, with at least two microphones positioned in a plurality
`
`of locations.17
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`53.
`
`The Accused Products further comprise at least one sensor that receives human
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`tissue vibration information associated