`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
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`Plaintiff,
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`v.
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`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and EERO LLC.
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`Defendants.
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`Case No. 6:21-cv-619-ADA
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`JURY TRIAL DEMANDED
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`PLAINTIFF XR COMMUNICATIONS, LLC’S PRELIMINARY DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
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`Page 1 of 6
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`Plaintiff XR Communications, LLC, dba Vivato Technologies (“Vivato”) provides this
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`Disclosure of Asserted Claims and Infringement Contentions to Defendant Amazon.com, Inc.,
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`Amazon.com Services LLC, and eero LLC. (collectively “Defendants”) in accordance with the
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`Court’s Order Governing Proceedings. This disclosure is based on the information available to
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`Vivato as of the date of this disclosure, and Vivato reserves the right to amend this disclosure to
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`the full extent consistent with the Court’s Rules and Orders.
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`Discovery is at a very early stage. There have been no deposition testimony or discovery
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`responses in this action related to technical matters. Vivato’s investigation regarding the asserted
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`claims and infringement contentions in this disclosure is ongoing, and its investigation of other
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`potential grounds of infringement is ongoing. This disclosure is based upon information that
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`Vivato has been able to obtain publicly, together with Vivato’s current good faith beliefs and
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`information regarding the Accused Products. This disclosure is provided without prejudice to
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`Vivato’s right to supplement or amend its disclosure as additional facts are discovered, documents
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`and source code are obtained, analyses are made, and research is completed.
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`Further, this disclosure is based upon Vivato’s present understanding of the meaning and
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`scope of the claims of United States Patent Numbers 10,594,376 (the “’376 Patent”) and
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`10,715,235 (the “’235 Patent”) (collectively, the “Asserted Patents” or “Patents-in-Suit”) in the
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`absence of claim construction proceedings in this action. Vivato reserves the right to supplement
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`or amend these disclosures if its understanding of the claims changes, including when the Court
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`construes them in this action.
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`I.
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`Asserted Claims
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`Vivato asserts direct infringement against Defendants under 35 U.S.C. § 271(a) and
`indirect infringement under 35 U.S.C. § 271(b). More specifically, Defendants have been and are
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`Page 2 of 6
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`now actively inducing direct infringement by other persons (e.g., Defendants’ customers who use,
`sell or offer for sale the Accused Products) the following claims (collectively, “Asserted Claims”):
`• U.S. Patent No. 10,594,376 (the “’376 Patent”), Claims 1-34; and
`• U.S. Patent No. 10,715,235 (the “’235 Patent”), Claims 1, 2, 4, 5, 8, 9, 11, 12, 15,
`16.
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`II.
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`Accused Products
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`Vivato asserts that the Asserted Claims are infringed by various products used, made, sold,
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`offered for sale, or imported into the U.S. by Defendants (“Accused Products”):
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`• Amazon’s current, past, and future Wi-Fi access points and routers supporting MU-
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`MIMO, including without limitation access points and routers utilizing the IEEE
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`802.11ax or “Wi-Fi 6” standard and/or access points and routers utilizing the IEEE
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`802.11ac wave 2 standard supporting MU-MIMO. For example, Vivato provides
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`the following non-exhaustive list of Amazon’s current and past ’376 Accused
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`Products: Defendant’s eero Pro 6, eero 6, eero Pro, eero, eero 6 extender, and eero
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`Beacon (collectively, the “’376 Accused Products”).
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`• Amazon products supporting MIMO and/or MU-MIMO technologies, including
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`without limitation the Fire TV Stick 4K, Fire TV Stick, Fire TV Stick Lite, Fire TV
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`Cube, Echo Show 10 (2nd-3rd Gen) (collectively the “’235 Accused Products”).
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`Defendants’ Accused Products of which Vivato is presently aware are described in more
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`detail in the accompanying preliminary infringement contention charts, Exhibits 1-2.
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`Vivato reserves the right to accused additional of Defendants’ products to the extent Vivato
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`becomes aware of additional products during the discovery process. Unless otherwise stated,
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`Vivato’s assertions of infringement apply to all variations, versions, and applications of each of
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`the Accused Products, on information and belief, that different variations, versions, and
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`applications of each of the Accused Products are substantially the same for purposes of
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`infringement of the Asserted Claims.
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`III. Claim Charts
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`A chart identifying specifically where each limitation of each asserted claim is found within
`each Accused Product is attached to this disclosure as Exhibits 1-2. Each limitation of each asserted
`claim in the attached charts is alleged to be literally infringed by each Accused Product. Where
`Vivato anticipates Defendants’ arguments against literal infringement for certain limitations,
`Vivato has included disclosures in the charts alleging infringement under the doctrine of
`equivalents. To the extent Defendants contend that other limitations are not literally infringed,
`Vivato asserts that the limitation is infringed under the doctrine of equivalents.
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`IV.
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`Priority Dates of the Asserted Patents
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`Each asserted claim of the ’376 Patent is entitled to a priority date at least as early as
`November 4, 2002.
`Each asserted claim of the ’235 Patent is entitled to a priority date at least as early as
`November 4, 2002.
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`V.
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`Asserted Patents and File Histories
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`The ’376 Patent is being produced at XR-WDTX-00003686 - XR-WDTX-00003727.
`The ’235 Patent is being produced at XR-WDTX-00003728 - XR-WDTX-00003768.
`The file history for the ’376 Patent is being produced at XR-WDTX-00000363 - XR-
`WDTX-00001646.
`The file history for the ’235 Patent is being produced at XR-WDTX-00001647 - XR-
`WDTX-00002862.
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`Page 4 of 6
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`Dated: December 20, 2021
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`Respectfully submitted,
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`/s/ Reza Mirzaie
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`Reza Mirzaie (CA SBN 246953)
`rmirzaie@raklaw.com
`Paul A. Kroeger (CA SBN 229074)
`pkroeger@raklaw.com
`Philip X. Wang (CA SBN 262239)
`pwang@raklaw.com
`James N. Pickens (CA SBN 307474)
`jpickens@raklaw.com
`Minna Chan (CA SBN 305941)
`mchan@raklaw.com
`Christian Conkle (CA SBN 306374)
`cconkle@raklaw.com
`Jason Wietholter (CA SBN 337139)
`jwietholter@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Phone: (310) 826-7474
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`Attorneys for Plaintiff XR Communications,
`LLC, d/b/a Vivato Technologies, Inc.
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`Page 5 of 6
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that all counsel of record who are deemed to have consented to
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`electronic service are being served with a copy of this document via the Court’s CM/ECF system on
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`December 20, 2021.
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`/s/ Reza Mirzaie
`Reza Mirzaie
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`Page 6 of 6
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