Case 2:21-cv-00186-JRG Document 1 Filed 05/27/21 Page 1 of 21 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No.
`
`JURY TRIAL DEMANDED
`
`
`
`SAMSUNG ELECTRONICS CO. LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`Defendants.
`
`
`
`
`
`Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) for its Complaint against
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`Defendants Samsung Electronics Co., Ltd. (“Samsung Electronics”) and Samsung Electronics
`
`America, Inc. (“Samsung Electronics America”) (collectively “Samsung” or “Defendants”)
`
`alleges as follows:
`
`THE PARTIES
`
`1.
`
`Jawbone is a limited liability company organized and existing under the laws of the
`
`State of Texas, with its principal place of business located at 100 West Houston Street, Marshall,
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`Texas 75671.
`
`2.
`
`Defendant Samsung Electronics is a corporation organized and existing under the
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`laws of the Republic of Korea, with its principal place of business at 129 Samsung-Ro, Yeongtong-
`
`Gu, Suwon-Si, Gyeonggi-Do, 443-742, Republic of Korea. Upon information and belief, Samsung
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`Electronics does business in Texas, directly or through intermediaries, and offers its products
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`and/or services, including those accused herein of infringement, to customers and potential
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`customers located in Texas, including in the Judicial District of the Eastern District of Texas.
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`3.
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`Defendant Samsung Electronics America is a corporation organized under the laws
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`of New York, with its principal place of business at 85 Challenger Road, Ridgefield Park, New
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`Jersey 07660. Upon information and belief, Samsung Electronics America has corporate offices
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`in the Eastern District of Texas at 1303 East Lookout Drive, Richardson, Texas 75082 and 2800
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`Technology Drive, Suite 200, Plano, Texas 75074. Samsung Electronics America has publicly
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`indicated that, in early 2019, it would be centralizing multiple offices in a new location in the
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`Eastern District of Texas at the Legacy Central office campus,1 located at 6225 Declaration Drive,
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`Plano, Texas 75023. Samsung Electronics America may be served with process through its
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`registered agent CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136.
`
`4.
`
`Defendants have authorized sellers and sales representatives that offer and sell
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`products pertinent to this Complaint through the State of Texas, including in this Judicial District,
`
`and to consumers throughout this Judicial District, such as: Best Buy, 422 West TX-281 Loop,
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`Suite 100, Longview, Texas 75605; AT&T Store, 1712 East Grand Avenue, Marshall, Texas
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`75670; Sprint Store, 1806 East End Boulevard North, Suite 100, Marshall, Texas 75670; T-Mobile,
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`900 East End Boulevard North, Suite 100, Marshall, Texas 75670; Verizon authorized retailers,
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`including Russell Cellular, 1111 East Grand Avenue, Marshall, Texas 75670; Victra, 1006 East
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`End Boulevard, Marshall, Texas 75670; and Cricket Wireless authorized retailer, 120 East End
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`Boulevard South, Marshall, Texas 75670.
`
`
`1 https://news.samsung.com/us/samsung-electronics-america-open-flagship-north-texas-campus/,
`last accessed Apr. 29, 2019.
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`2
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`Case 2:21-cv-00186-JRG Document 1 Filed 05/27/21 Page 3 of 21 PageID #: 3
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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
`
`States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action pursuant
`
`to 28 U.S.C. §§ 1331, 1332, 1338, and 1367.
`
`6.
`
`This Court has specific and personal jurisdiction over each of the Defendants
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`consistent with the requirements of the Due Process Clause of the United States Constitution and
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`the Texas Long Arm Statute. Upon information and belief, each Defendant has sufficient
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`minimum contacts with the forum because each Defendant transacts substantial business in the
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`State of Texas and in this Judicial District. Further, each Defendant has, directly or through
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`subsidiaries or intermediaries, committed and continues to commit acts of patent infringement in
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`the State of Texas and in this Judicial District as alleged in this Complaint, as alleged more
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`particularly below.
`
`7.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1400(b) and
`
`1391(b) and (c) because each Defendant is subject to personal jurisdiction in this Judicial District,
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`has committed acts of patent infringement in this Judicial District, and has a regular and established
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`place of business in this Judicial District. Each Defendant, through its own acts and/or through
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`the acts of each other Defendant, makes, uses, sells, and/or offers to sell infringing products within
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`this Judicial District, regularly does and solicits business in this Judicial District, and has the
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`requisite minimum contacts with the Judicial District such that this venue is a fair and reasonable
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`one. Further, venue is proper in this Judicial District because Samsung Electronics is a foreign
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`corporation formed under the laws of Korea with a principal place of business in Korea. Further,
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`upon information and belief, the Defendants have admitted or not contested proper venue in this
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`Judicial District in other patent infringement actions.
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`3
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`FACTUAL BACKGROUND
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`8.
`
`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.
`
`9.
`
`On October 2, 2012, the United States Patent and Trademark Office duly and
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`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 B.
`
`10.
`
`Jawbone is the sole and exclusive owner of all right, title, and interest to and in the
`
`’091 Patent and the ’072 Patent (together, the “Patents-in-Suit”), and holds the exclusive right to
`
`take all actions necessary to enforce its rights to the Patents-in-Suit, including the filing of this
`
`patent 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.
`
`11.
`
`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.
`
`12.
`
`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.2 This technology virtually eliminated background noise while increasing the volume
`
`
`2See https://www.wired.com/2004/09/military-headset-reaches-masses/
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`4
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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.
`
`13.
`
`On the heels of the success of the “Jawbone” products, AliphCom changed its name
`
`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.
`
`14.
`
`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
`
`Patents.”3 Upon information and belief, Envision IP (and other parties) contacted Samsung
`
`regarding the value of the Asserted Patents, including regarding Samsung’s infringement of the
`
`Asserted Patents. Upon information and belief, Samsung was notified that the Accused Products
`
`infringe the Asserted Patents, and/or otherwise became aware of the Asserted Patents and
`
`recognized that the Accused Products infringe the Asserted Patents at least as of 2017.
`
`INFRINGEMENT ALLEGATIONS
`
`15.
`
`The ’091 Patent generally describes acoustic noise suppression with a voice activity
`
`detector that senses vibration in human tissue associated with voicing activity. The technology
`
`was developed by Dr. Gregory C. Burnett and Eric F. Breitfeller. The ’091 Patent also describes
`
`techniques for generating transfer functions 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),
`
`
`3See 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/
`
`5
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`and one which primarily captures unwanted noise, both of which provide signals to a noise removal
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`algorithm.
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`16.
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`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
`
`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
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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
`
`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
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`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.
`
`17.
`
`Samsung has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’091 Patent. For
`
`example, noise suppression techniques are incorporated into Samsung products with voice activity
`
`detection devices including, but not limited to, Samsung ear buds and smartphones. For example,
`
`this functionality is included and utilized in the Samsung Galaxy Buds Pro. The Galaxy Buds Pro
`
`includes an accelerometer, voice pickup unit, and an infrared sensor which, upon information and
`
`6
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`belief, comprise a voice activity detector.4 The Galaxy Buds Pro includes a “voice detect” unit
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`which generates a signal when the wearer speaks to “instantly switch [] from [active noise
`
`cancelling] to ambient sound.”5 The Galaxy Buds Pro further comprises a “mic array for superior
`
`beamforming performance” which, upon information and belief, generates transfer functions
`
`representative of a ratio of energy of the acoustic signals received at each microphone.6
`
`7
`
`
`4 https://www.androidauthority.com/samsung-galaxy-buds-live-1137500/
`5 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`6 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`7 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/#popNoiseFreeCall
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`7
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`18.
`
`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
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`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.
`
`19.
`
`Samsung 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 Samsung products with omnidirectional
`
`physical MEMs microphones which form virtual beamformed microphones including, but not
`
`limited to, Samsung ear buds, smart phones, tablets, wearables, smart home devices, and smart
`
`televisions. For example, upon information and belief, the Samsung Galaxy Buds 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.8 Samsung states that “[t]he
`
`microphones use beamforming technology to pick up your voice—so you can confidently
`
`contribute in meetings without worrying about background noise.”9 Similarly, upon information
`
`
`8 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`9 Id.
`
`8
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`and belief, the Samsung Galaxy S20 smartphone comprises arrays of at least three physical
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`microphones and two beamformed microphones, the outputs of which are combined to reduce the
`
`noise of a signal.10
`
`11
`
`20.
`
`Samsung has infringed and is continuing to infringe the ’091 and ’072 Patents by
`
`making, using, selling, offering to sell, and/or importing, and by actively inducing others to make,
`
`use, sell, offer to sell and/or importing, Accused Products that comprise and utilize infringing noise
`
`cancellation features. On information and belief, the Accused Products include, but are not limited
`
`to, at least all versions and variants of Samsung smartphones (e.g., Galaxy S, Galaxy Note, Galaxy
`
`
`10 See https://www.samsung.com/au/support/mobile-devices/s20-device-layout-and-functions/;
`see also https://news.samsung.com/global/galaxy-s5-explained-audio;
`https://www.theverge.com/2019/8/7/20754566/samsung-galaxy-note-10-plus-2-size-price-
`release-date-s-pen-dex-laptop-unpacked-event
`11 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
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`9
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`Z, Galaxy A, Galaxy M series, and Galaxy Core series smartphones) and earbuds (e.g., Gear and
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`Galaxy series earbuds).
`
`21.
`
`Jawbone has at all times complied with the marking provisions of 35 U.S.C. § 287
`
`with respect to the Patents-in-Suit. On information and belief, prior assignees and licensees have
`
`also complied with the marking provisions of 35 U.S.C. § 287.
`
`COUNT I
`(Infringement of the ’091 Patent)
`
`22.
`
`23.
`
`Paragraphs 1 through 21 are incorporated by reference as if fully set forth herein.
`
`Jawbone has not licensed or otherwise authorized Samsung to make, use, offer for
`
`sale, sell, or import any products that embody the inventions of the ’091 Patent.
`
`24.
`
`Defendants have and continue to directly infringe the ’091 Patent, either literally or
`
`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, offering to sell, selling, and/or importing into the United States products that satisfy each
`
`and every limitation of one or more claims of the ’091 Patent. Upon information and belief, these
`
`products include at least the Accused Products, such as those which comprise a microphone array
`
`and a voice activity detector. For example, upon information and belief, the Samsung Galaxy
`
`Buds Pro comprises a microphone array and voice pickup unit in each bud.
`
`25.
`
`For example, Defendants have and continue to directly infringe at least claim 11 of
`
`the ’091 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that comprise a system for removing acoustic noise from the acoustic signals, comprising:
`
`a receiver that receives at least two acoustic signals via at least two acoustic microphones
`
`positioned in a plurality of locations; at least one sensor that receives human tissue vibration
`
`information associated with human voicing activity of a user; a processor coupled among the
`
`receiver and the at least one sensor that generates a plurality of transfer functions, wherein the
`
`10
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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
`
`acoustic microphones, wherein the first transfer function is generated in response to a
`
`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
`
`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
`
`the first transfer function and the second transfer function to produce the denoised acoustic data
`
`stream.
`
`26.
`
`The Accused Products comprise a system for removing acoustic noise from
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`acoustic signals. For example, the Samsung Galaxy Buds Pro receives acoustic signals from a
`
`microphone array, and “use[s] beamforming technology to pick up your voice – so that you can
`
`contribute in meetings without worrying about background noise.”12
`
`27.
`
`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 Galaxy Buds Pro comprises a receiver that receives signals via a
`
`microphone array, with at least two microphones positioned in a plurality of locations.
`
`
`12 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/#popNoiseFreeCall
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`11
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`13
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`28.
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`The Accused Products further comprise at least one sensor that receives human
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`tissue vibration information associated with human voicing activity of a user. For example, the
`
`Samsung Galaxy Buds Pro comprises an at least one accelerometer and IR sensor which, upon
`
`information and belief, receive human tissue vibration associated with voicing activity.14 Upon
`
`information and belief, the voice pickup unit of the Galaxy Buds Pro comprises the voice detecting
`
`accelerometer and/or IR sensor.
`
`29.
`
`The Accused Products further comprise a processor coupled among the receiver
`
`and the at least one sensor that generates a plurality of transfer functions, wherein the plurality of
`
`transfer functions includes a first transfer function representative of a ratio of energy of acoustic
`
`signals received using at least two different acoustic microphones of the at least two acoustic
`
`
`13 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`14 https://www.samsung.com/global/galaxy/galaxy-buds-pro/specs/
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`12
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`microphones. For example, the Galaxy Buds Pro comprises a BCM 43015 SoC which “is designed
`
`for audio applications.”15 Upon information and belief, the processor utilizes a microphone array
`
`to detect speech with a beamformed microphone which, upon information and belief, includes the
`
`generation of at least a plurality of transfer functions, including a first transfer function
`
`representative of a ratio of energy of acoustic signals received at different microphones in the
`
`microphone array.16
`
`30.
`
`The Accused Products further comprise a system wherein the first transfer function
`
`is generated in response to a determination that voicing activity is absent from the acoustic signals
`
`for a period of time. For example, upon information and belief, the Galaxy Buds Pro generates
`
`the first transfer function when a voice pickup unit, accelerometer, and/or IR sensor indicate that
`
`voicing activity is absent.
`
`31.
`
`The Accused Products further comprise a system wherein the plurality of transfer
`
`functions includes a second transfer function representative of the acoustic signals, wherein the
`
`second transfer function is generated in response to a determination that voicing activity is present
`
`in the acoustic signals for the period of time. For example, upon information and belief, the Galaxy
`
`Buds Pro generates a second transfer function in response to a determination that voicing activity
`
`is present, such as based on detection of human tissue vibrations by the voice pickup unit,
`
`accelerometer, and/or IR sensor. For example, “[v]oice detect instantly switches from [active
`
`noise cancellation] to ambient sound when it hears your voice.”17
`
`32.
`
`The Accused Products further comprise a system wherein acoustic noise is removed
`
`from the acoustic signals using the first transfer function and at least one combination of the first
`
`
`15 https://www.broadcom.com/products/wireless/bluetooth-socs/bcm43015
`16 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`17 Id.
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`13
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`transfer function and the second transfer function to produce the denoised acoustic data stream.
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`For example, upon information and belief, the Galaxy Buds Pro removes noise from acoustic
`
`signals by applying at least a first transfer function generated when voicing activity is absent, and
`
`a transfer function generated by combining the first transfer function generated when voicing
`
`activity is absent and a second transfer function generated when voicing activity is detected. For
`
`example, upon information and belief, the Samsung Galaxy Buds Pro utilizes a least mean squares
`
`method to suppress acoustic noise.
`
`33.
`
`Defendants have and continue to indirectly infringe one or more claims of the ’091
`
`Patent by knowingly and intentionally inducing others, including Samsung customers and end-
`
`users of the Accused Products and products that include the Accused Products, to directly infringe,
`
`either literally or under the doctrine of equivalents, by making, using, offering to sell, selling,
`
`and/or importing into the United States products that include infringing technology, such as the
`
`Samsung Galaxy Buds Pro.
`
`34.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’091 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continue to knowingly and intentionally induce, direct infringement of the ’091 Patent by
`
`providing these products to customers and/or distributors for use in an infringing manner in the
`
`United States including, but not limited to, products that include infringing technology, such as
`
`the Samsung Galaxy Buds Pro. For example, Samsung’s instruction manuals, websites,
`
`promotional materials, advertisements, and other information demonstrate to others, including
`
`customers, prospective customers, and distributors, how to use the Accused Products in an
`
`infringing manner. Upon information and belief, Samsung is aware that the normal and customary
`
`14
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`use of the Accused Products by customers, distributors, and others would infringe the Asserted
`
`Patents.
`
`35.
`
`Defendants induced infringement by others, including customers and distributors,
`
`with the intent to cause infringing acts by others or, in the alternative, with the belief that there
`
`was a high probability that others, including end-users, infringe the ’091 Patent, but while
`
`remaining willfully blind to the infringement.
`
`36.
`
`Jawbone has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’091 Patent in an amount to be proved at trial.
`
`37.
`
`Jawbone has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’091 Patent, for which there is no adequate remedy at law, unless
`
`Defendants’ infringement is enjoined by this Court. Accordingly, Jawbone seeks a preliminary
`
`and permanent injunction enjoining Samsung from making, using, importing, offering to sell,
`
`and/or selling the Accused Products, including at least all versions and variants of Samsung
`
`smartphones (e.g., Galaxy S, Galaxy Note, Galaxy Z, Galaxy A, Galaxy M series, and Galaxy
`
`Core series smartphones) and earbuds (e.g., Gear and Galaxy series earbuds).
`
`COUNT II
`(Infringement of the ’072 Patent)
`
`Paragraphs 1 through 21 are incorporated by reference as if fully set forth herein.
`
`Jawbone has not licensed or otherwise authorized Samsung to make, use, offer for
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`38.
`
`39.
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`sale, sell, or import any products that embody the inventions of the ’072 Patent.
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`40.
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`Defendants have and continue to directly infringe the ’072 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 ’072 Patent. Upon information and belief, these
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`Case 2:21-cv-00186-JRG Document 1 Filed 05/27/21 Page 16 of 21 PageID #: 16
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`products include at least the Accused Products, such as those which comprise physical and virtual
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`microphone arrays. For example, upon information and belief, the Samsung Galaxy Buds Pro
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`comprises an array of at least four physical microphones, and an array of two beamformed
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`microphones.
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`41.
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`For example, Defendants have and continue to directly infringe at least claim 1 of
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`the ’072 Patent by making, using, offering to sell, selling, and/or importing into the United States
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`products that practice a method comprising receiving acoustic signals at a physical microphone
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`array and in response outputting a plurality of microphone signals from the physical microphone
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`array; forming a virtual microphone array by generating a plurality of different signal combinations
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`from the plurality of microphone signals, wherein a number of physical microphones of the
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`physical microphone array is larger than a number of virtual microphones of the virtual
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`microphone array; and generating output signals by combining signals output from the virtual
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`microphone array, the output signals including less acoustic noise than the received acoustic
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`signals.
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`42.
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`Each Accused Product practices a method comprising receiving acoustic signals at
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`a physical microphone array and in response outputting a plurality of microphone signals from the
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`physical microphone array. For example, the Samsung Galaxy Buds Pro receives signals at a
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`microphone array of each earbud and, in response, output a plurality of microphone signals.
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`Case 2:21-cv-00186-JRG Document 1 Filed 05/27/21 Page 17 of 21 PageID #: 17
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`18
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`43.
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`Each Accused Product practices a method of forming a virtual microphone array
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`by generating a plurality of different signal combinations from the plurality of microphone signals,
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`wherein a number of physical microphones of the physical microphone array is larger than a
`
`number of virtual microphones of the virtual microphone array. For example, upon information
`
`and belief, the Galaxy Buds Pro forms a virtual beamformed microphone from the plurality of
`
`microphone signals from physical MEMS microphones at each earbud.19 For example, the number
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`of physical microphones in the array (at least four) is greater than the number of virtual
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`microphones in the array (two).
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`44.
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`Each Accused Product further practices a method comprising generating output
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`signals by combining signals output from the virtual microphone array, the output signals
`
`
`18 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`19 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
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`17
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`Case 2:21-cv-00186-JRG Document 1 Filed 05/27/21 Page 18 of 21 PageID #: 18
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`including less acoustic noise than the received acoustic signals. For example, upon information
`
`and belief, the Samsung Galaxy Buds Pro suppresses acoustic noise by combining the signals
`
`output by the beamformed microphone of each earbud.
`
`45.
`
`Defendants have and continue to indirectly infringe one or more claims of the ’072
`
`Patent by knowingly and intentionally inducing others, including Samsung customers and end-
`
`users of the Accused Products and products that include the Accused Products, to directly infringe,
`
`either literally or under the doctrine of equivalents, by making, using, offering to sell, selling,
`
`and/or importing into the United States products that include infringing technology, such as the
`
`Samsung Galaxy Buds pro.
`
`46.
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`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’072 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continue to knowingly and intentionally induce, direct infringement of the ’072 Patent by
`
`providing these products to customers and/or distributors for use in an infringing manner in the
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`United States including, but not limited to, products that include infringing technology, such as
`
`the Samsung Galaxy Buds Pro. For example, Samsung’s instruction manuals, websites,
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`promotional materials, advertisements, and other information demonstrate to others, including
`
`customers, prospective customers, and distributors, how to use the Accused Products in an
`
`infringing manner. Upon information and belief, Samsung is aware that the normal and customary
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`use of the Accused Products by customers, distributors, and others would infringe the Asserted
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`Patents.
`
`47.
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`Defendants induced infringement by others, including customers and distributors,
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`with the intent to cause infringing acts by others or, in the alternative, with the belief that there
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`Case 2:21-cv-00186-JRG Document 1 Filed 05/27/21 Page 19 of 21 PageID #: 19
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`was a high probability that others, including end-users, infringe the ’072 Patent, but while
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`remaining willfully blind to the infringement.
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`48.
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`Jawbone has suffered damages as a result of Defendants’ direct and indirect
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`infringement of the ’072 Patent in an amount to be proved at trial.
`
`49.
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`Jawbone has suffered, and will continue to suffer, irreparable harm as a result of
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`Defendants’ infringement of the ’072 Patent, for which there is no adequate remedy at law, unless
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`Defendants’ infringement is enjoined by this Court. Accordingly, Jawbone seeks a preliminary
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`and permanent injunction