Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 1 of 38
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`UNITED STATES DISTRICT COURT
`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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`Case No.
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`
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`JURY TRIAL DEMANDED
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`v.
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`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and EERO LLC
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`
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`
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`Defendants.
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`COMPLAINT FOR PATENT INFRINGEMENT AGAINST
`AMAZON.COM, INC., AMAZON.COM SERVICES LLC, AND EERO LLC
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`This is an action for patent infringement arising under the Patent Laws of the United States
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`of America, 35 U.S.C. § 1 et seq., in which Plaintiff XR Communications LLC d/b/a Vivato
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`Technologies (“Plaintiff” or “Vivato”) makes the following allegations against Defendants
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`Amazon.com, Inc., Amazon.com Services LLC, and eero LLC (collectively, “Defendants”):
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`INTRODUCTION
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`1.
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`This complaint arises from Defendants’ unlawful infringement of the following
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`United States patents owned by Vivato, each of which generally relate to wireless communications
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`technology: United States Patent Nos. 10,594,376 (the “’376 Patent”) and 10,715,235 (the “’235
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`Patent”) (collectively, the “Asserted Patents”).
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`2.
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`Countless electronic devices today connect to the Internet wirelessly. Beyond just
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`connecting our devices together, wireless networks have become an inseparable part of our lives
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`in our homes, our offices, and our neighborhood coffee shops. In even our most crowded spaces,
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`today’s wireless technology allows all of us to communicate with each other, on our own devices,
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`at virtually the same time. Our connected world would be unrecognizable without the ubiquity of
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`sophisticated wireless networking technology.
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`3.
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`Just a few decades ago, wireless technology of this kind could only be found in
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`science fiction. The underlying science behind wireless communications can be traced back to the
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`development of “wireless telegraphy” in the nineteenth century. Guglielmo Marconi is credited
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`with developing the first practical radio, and in 1896, Guglielmo Marconi was awarded British
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`patent 12039, Improvements in transmitting electrical impulses and signals and in apparatus
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`there-for, the first patent to issue for a Herzian wave-based wireless telegraphic system. Marconi
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`would go on to win the Nobel Prize in Physics in 1909 for his contributions to the field.
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`4.
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`One of Marconi’s preeminent contemporaries was Dr. Karl Ferdinand Braun, who
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`shared the 1909 Nobel Prize in Physics with Marconi. In his Nobel lecture dated December 11,
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`1909, Braun explained that he was inspired to work on wireless technology by Marconi’s own
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`experiments. Braun had observed that the signal strength in Marconi’s radio was limited beyond a
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`certain distance, and wondered why increasing the voltage on Marconi’s radio did not result in a
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`stronger transmission at greater distances. Braun thus dedicated himself to developing wireless
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`devices with a stronger, more effective transmission capability.
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`5.
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`In 1905, Braun invented the first phased array antenna. This phased array antenna
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`featured three antennas carefully positioned relative to one another with a specific phase
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`relationship so that the radio waves output from each antenna could add together to increase
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`radiation in a desired direction. This design allowed Braun’s phased array antenna to transmit a
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`directed signal.
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`6.
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`Building on the fundamental breakthrough that radio transmissions can be directed
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`according to a specific radiation pattern through the use of a phased array antenna, directed
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 3 of 38
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`wireless communication technology has developed many applications over the years. Braun’s
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`invention of the phased array antenna led to the development of radar, smart antennas, and,
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`eventually, to a technology known as “MIMO,” or “multiple-input, multiple-output,” which would
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`ultimately allow a single radio channel to receive and transmit multiple data signals
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`simultaneously. Along the way, engineers have worked tirelessly to overcome limitations and
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`roadblocks directed wireless communication technology.
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`7.
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`At the beginning of the twenty-first century, the vast majority of wireless networks
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`still did not yet take advantage of directed wireless communications. Instead, “omnidirectional”
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`access points were ubiquitous. Omnidirectional access points transmit radio waves uniformly
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`around the access point in every direction and do not steer the signal in particular directions.
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`Omnidirectional antennas access points do typically achieve 360 degrees of coverage around the
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`access point, but with a reduced coverage distance. Omnidirectional access points also lack
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`sophisticated approaches to overcome certain types of interference in the environment. As only
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`one example, the presence of solid obstructions, such as a concrete wall, ceiling, or pillar, can limit
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`signal penetration. As another example, interference arises when radio waves are reflected,
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`refracted, or diffracted based on obstacles present between the transmitter and receiver. The
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`multiple paths that radio waves can travel between the transmitter and receiver often result in signal
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`interference that decreases performance, and omnidirectional access points lack advanced
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`solutions to overcome these “multipath” effects.
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`8.
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`Moving from omnidirectional networks to modern networks has required an
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`additional series of advancements that harness the capabilities of directed wireless technology.
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`These advancements range from conceiving various ways to steer and modify radiation patterns,
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`to enhancing the transmission signal power in a desired direction, to suppressing radiation in
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 4 of 38
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`undesired directions, to minimizing signal “noise,” and then applying these new approaches into
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`communications networks with multiple, heterogenous transmitters and receivers.
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`9.
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`Harnessing the capabilities of directed wireless technology resulted in a significant
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`leap forward in the signal strength, reliability, concurrent users, and/or data transmission capability
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`of a wireless network. One of the fundamental building blocks of this latest transition was the
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`development of improvements to MIMO and “beamforming,” which are the subject matter of
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`patents in this infringement action. The patents in this action resulted from the investment of tens
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`of millions of dollars and years of tireless effort by a group of engineers who built a technology
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`company slightly ahead of its time. Their patented innovations laid the groundwork for today’s
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`networks, and are infringed by Defendants’ accused products.
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`PARTIES
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`10.
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`Plaintiff XR Communications, LLC, d/b/a Vivato Technologies (“Vivato” or
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`“Plaintiff”) is a limited liability company organized and existing under the laws of the State of
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`Delaware with its principal place of business at 2809 Ocean Front Walk, Venice, California 90291.
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`Vivato is the sole owner by assignment of all right, title, and interest in each Asserted Patent.
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`11.
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`Vivato was founded in 2000 as a $80+ million venture-backed company with
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`several key innovators in the wireless communication field including Siavash Alamouti, Ken Biba,
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`William Crilly, James Brennan, Edward Casas, and Vahid Tarokh, among many others. At that
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`time, and as remains the case today, “Wi-Fi” or “802.11” had become the ubiquitous means of
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`wireless connection to the Internet, integrated into hundreds of millions of mobile devices globally.
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`Vivato was founded to leverage its talent to generate intellectual property and deliver Wi-Fi/802.11
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`wireless connectivity solutions to service the growing demand for bandwidth.
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`12.
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`Vivato has accomplished significant innovations in the field of wireless
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 5 of 38
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`communications technology. One area of focus at Vivato was the development of advanced
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`wireless systems with sophisticated antenna designs to improve wireless speed, coverage, and
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`reliability. Vivato also focused on designing wireless systems that maximize the efficient use of
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`spectrum and wireless resources for large numbers of connected mobile devices.
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`13.
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`Among many fundamental breakthroughs achieved by Vivato are inventions that
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`allow for intelligent and adaptive beamforming based on up-to-date information about the wireless
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`medium. Through these and many other inventions, Vivato’s engineers pioneered a wireless
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`technology that provides for simultaneous transmission and reception, a significant leap forward
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`over conventional wireless technology.
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`14.
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`Over the years, Vivato has developed proven technology, with over 400
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`deployments globally, including private, public and government, and it has become a recognized
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`provider of extended range Wi-Fi network infrastructure solutions. Vivato's wireless base stations
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`integrate beamforming phased array antenna design with packet steering technology to deliver
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`high-bandwidth extended range connections to serve multiple users and multiple devices.
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`15.
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`Vivato’s patent portfolio includes over 17 issued patents and pending patent
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`applications. The patents at issue in this case are directed to specific aspects of wireless
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`communication, including adaptively steered antenna technology and beam switching technology.
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`16.
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`Defendant Amazon.com, Inc. (“Amazon”) is a Delaware corporation with a listed
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`registered agent of Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware
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`19808. Amazon has a principal place of business at 410 Terry Ave. North, Seattle, Washington
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`98109-5210. Amazon may also be served with process via its registered agent Corporation Service
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`Company 300 Deschutes Way SW Ste 208 MC-CSC1, Tumwater, WA, 98501.
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`17.
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`Defendant Amazon.com Services LLC (formerly “Amazon.com Services Inc.” and
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 6 of 38
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`referred to herein as “Amazon Services”) is a limited liability company organized under the laws
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`of the state of Delaware, with its principal place of business at 410 Terry Avenue North, Seattle,
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`Washington 98109. Amazon Services is a wholly owned subsidiary of Amazon. Amazon Services
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`is registered to do business in the State of Texas and may be served with process via its registered
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`agent in Texas, Corporation Service Company dba CSC-Lawyers Incorporating Service Company
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`at 211 7th Street, Suite 620, Austin, TX 78701-3218. Amazon Services may also be served via its
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`Delaware registered agent Corporation Service Company, 251 Little Falls Dr., Wilmington,
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`Delaware 19808.
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`18.
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`Defendant eero LLC (“eero”) is a Delaware limited liability company with a
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`principal place of business at 660 3rd Street, 4th Floor, San Francisco, CA 94107. eero has a listed
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`registered agent for service of process in Delaware: Corporation Service Company, 251 Little Falls
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`Drive, Wilmington, Delaware 19808. On information and belief, eero was acquired by Defendant
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`Amazon on or about February 11, 2019 for approximately $97 million and is a wholly owned
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`subsidiary of Amazon.
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`19.
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`Defendants Amazon, Amazon Services, and eero design and manufacture and/or
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`have manufactured on their behalf abroad certain Accused Products that are then imported into,
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`sold, offered for sale, and used within the United States and within this District. Via online and
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`physical stores, Amazon sells “hundreds of millions of unique products” by Amazon and third
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`parties “across dozens of product categories”; further, Amazon (together with its affiliates and
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`subsidiaries) also manufactures and sells “electronic devices, including Kindle, Fire tablet, Fire
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`TV, Echo, Ring, and other devices.” 2020 Annual Report, Amazon.com, Inc., at 3, available at
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`https://s2.q4cdn.com/299287126/files/doc_financials/2021/ar/Amazon-2020-Annual-Report.pdf
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`(last visited June 2, 2021). Amazon also competes against other companies that similarly “design,
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 7 of 38
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`manufacture, market, or sell consumer electronics, telecommunication, and electronic devices.” Id.
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`Among these electronic devices, Amazon makes, sells, and offers for sale smart home devices
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`which communicate over networks, such as Wi-Fi networks. For example, Amazon’s Echo-
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`branded products include “smart” speakers, displays, and streaming devices that, when coupled
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`with voice-controls such as Amazon’s Alexa application, or other software application(s), allow
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`customers to control, via Wi-Fi, connected devices, including the aforementioned speakers,
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`displays, or streaming devices, as well as other devices like cameras, lights, or appliances.
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`20.
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`Defendants conduct business operations within the Western District of Texas in
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`their Amazon Tech Hub located at 11501 Alterra Parkway, Austin, TX. Defendants have offices
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`in the Western District of Texas where they sell, develop, and/or market their Wi-Fi products,
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`including their Tech Hub located in Austin. For example, Defendants are currently hiring
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`employees at the Tech Hub in Austin for roles relating to Defendants’ Wi-Fi compatible products
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`and services, including roles such as systems or operations managers, analysts, forecasting leads,
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`network support engineers, order management leads, and software engineers, as examples, based
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`on
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`current
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`job
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`openings
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`available
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`at
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`https://boards.greenhouse.io/eero/
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`and
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`https://www.amazon.jobs/en/ (last visited June 8, 2021). For example, Amazon’s jobs site lists
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`software development engineers and iOS engineers for the Austin, Texas location relating to Fire
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`TV and Echo products, such as Job ID 1553190, “Embedded Software Engineer - Wifi” by
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`Amazon.com Services LLC, stating “In this role, you will: · Design, develop and enhance Wifi
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`software
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`for Amazon's consumer products;…Preferred Qualifications…Knowledge of
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`IEEE802.11/Wifi protocols such as Wifi Direct, WMM, WPA2/3, 802.11n/ac/ax, and etc.”
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`https://www.amazon.jobs/en/jobs/1553190/embedded-software-engineer-wifi (last visited June 8,
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`2021); see also https://www.amazon.jobs/en/jobs/952683/sr-embedded-software-development-
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 8 of 38
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`engineer-connectivity (job posting for Sr Embedded Software Development Engineer –
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`Connectivity) (last visited June 8, 2021). As another example, Amazon’s jobs site lists an opening
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`for “Technical Program Manager – eero” in its Austin location, Job ID: 1526234, stating “WiFi
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`has become a critical component to every home worldwide. eero, an Amazon Company, is the first
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`product to deliver a whole home WiFi experience using mesh technology to make sure you never
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`have to worry about connectivity ever again. We believe customers' deserve the best connectivity
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`and smart home experience possible” and requiring “4+ years of experience building and managing
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`projects involving technologies relevant to eero and Amazon… wireless technologies…network
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`management…”
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`https://www.amazon.jobs/en/jobs/1526234/technical-program-manager-eero
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`(last visited June 8, 2021). By registering to conduct business in Texas and regularly conducting
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`business in these facilities, Defendants maintain a permanent and continuous presence, and a
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`regular and established place of business, in the Western District of Texas.
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`JURISDICTION AND VENUE
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`21.
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`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code § 1, et seq, including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has original
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`subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`22.
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`This Court has personal jurisdiction over Defendants in this action because
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`Defendants have committed acts within this District giving rise to this action, and has established
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`minimum contacts with this forum such that the exercise of jurisdiction over Defendants would
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`not offend traditional notions of fair play and substantial justice. Defendants, directly and/or
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`through subsidiaries or intermediaries, have committed and continues to commit acts of
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`infringement in this District by, among other things, importing, offering to sell, and selling
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`products that infringe the asserted patents, and inducing others to infringe the asserted patents in
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`this District. Defendants are directly and through intermediaries making, using, selling, offering
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`for sale, distributing, advertising, promoting, and otherwise commercializing its infringing
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`products in this District. Defendants regularly conduct and solicit business in, engages in other
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`persistent courses of conduct in, and/or derives substantial revenue from goods and services
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`provided to the residents of this District and the State of Texas. Defendants are subject to
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`jurisdiction pursuant to due process and/or the Texas Long Arm Statute due to their substantial
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`business in this State and District including at least its infringing activities, regularly doing or
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`soliciting business at its Austin facilities, and engaging in persistent conduct and deriving
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`substantial revenues from goods and services provided to residents in the State of Texas including
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`the Western District of Texas. Defendants also own, maintain, and hire workers in the Amazon
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`Tech Hub located at 11501 Alterra Parkway, Austin, TX, in order to make, use, distribute, sell, or
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`offer for sale certain accused products in Austin. For example, Amazon sells the Fire TV Stick
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`(3rd Gen), both online and through physical locations in the Western District of Texas, and
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`distributes, sells, and ships the Fire TV Stick (3rd Gen) via its subsidiary Amazon.com Services
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`LLC.
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 10 of 38
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`https://www.amazon.com/fire-tv-stick-with-3rd-gen-alexa-voice-
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`remote/dp/B08C1W5N87/ref=sr_1_1?dchild=1&keywords=fire%2Btv&qid=1623183249&sr=8-
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`1&th=1 (last visited June 8, 2021). As another example, Amazon sells the eero Pro 6 Tri-Band
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`Mesh Wi-Fi 6 Router with Built-In Zigbee Smart Home Hub which ships from and is sold by
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`Amazon.com Services LLC. See eero Pro 6 tri-band mesh Wi-Fi 6 Router with built-in zigbee
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`smart home hub, available at https://www.amazon.com/Eero-Pro-6-Router/dp/B085VNCZHL
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`(last visited June 1, 2021).
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`23.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b), (c), (d), and
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`1400(b) because Defendants have a permanent and continuous presence in, have committed acts
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`of infringement in, and maintain regular and established places of business in this district.
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`Defendants have committed acts of direct and indirect infringement in this judicial district
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`including using and purposefully transacting business involving the Accused Products in this
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`judicial district such as by sales to one or more customers in the State of Texas including in the
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`Western District of Texas, and maintaining regular and established places of business in this
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`district, including, for example, their Amazon Tech Hub located at 11501 Alterra Parkway, Austin,
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`TX.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 10,594,376
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`24.
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`Vivato realleges and incorporates by reference the foregoing paragraphs as if fully
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`set forth herein.
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`25.
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`On March 17, 2020, United States Patent No. 10,594,376 (“the ’376 Patent”) was
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`duly and legally issued for inventions entitled “Directed Wireless Communication.” Vivato owns
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 11 of 38
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`the ’376 Patent and holds the right to sue and recover damages for infringement thereof. A copy
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`of the ’376 Patent is attached hereto as Exhibit A.
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`26.
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`Defendants have directly infringed and continues to directly infringe numerous
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`claims of the ’376 Patent, including at least claim 1, by manufacturing, using, selling, offering to
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`sell, and/or importing into the United States Wi-Fi access points and routers supporting MU-
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`MIMO, including without limitation access points and routers utilizing the IEEE 802.11ac or
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`8011.ax standards (e.g., eero Pro 6, eero 6, eero Pro, eero, eero 6 extender, and eero Beacon)
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`(collectively, the “’376 Accused Products”). Defendants are liable for infringement of the ’376
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`Patent pursuant to 35 U.S.C. § 271(a).
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`27.
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`The ’376 Accused Products satisfy all claim limitations of numerous claims of
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`the ’376 Patent, including Claim 1. The following paragraphs compare limitations of Claim 1 to
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`an exemplary Accused Product, the eero Pro 6 Wifi Router. See, e.g., eero Technology web page.1
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`1 eero's Technology web page is available at https://eero.com/technology. The eero Pro 6 Wifi
`Router supports “Wi-Fi 6 (“IEEE802.11a/b/g/n/ac/ax” standards, includes “3; tri-band” radios,
`“2x2/2x2/4x4 MU/SU-MIMO,” “8” spatial streams, “WMM, Tx Beamforming, OFDMA”
`features,
`and
`“band
`steering.” The
`eero 6 Wifi Router
`supports
`“Wi-Fi 6
`(“IEEE802.11a/b/g/n/ac/ax” standards, includes “2; dual-band” radios, “2x2/2x2 MU/SU-MIMO,”
`“4” spatial streams, “WMM, Tx Beamforming, OFDMA” features, and “band steering.” The eero
`Wifi Router supports “Wi-Fi 5 (“IEEE802.11a/b/g/n/ac” standards, includes “2; dual-band” radios,
`“2x2/2x2 SU-MIMO” and “2x2/2x2 MU-MIMO,” “4” spatial streams, “WMM, Tx Beamforming,
`OFDMA” features, and “band steering.”
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 12 of 38
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`See also eero Mesh WiFi Product Comparison2 and eero Pro 6 web page.3
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`28.
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`Each of the ’376 Accused Products comprises a data-communications networking
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`apparatus. For example, as with each Accused Product, the eero Pro 6 Wifi Router is an apparatus
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`for communication data on an IEEE 802.11ac and/or 802.11ax data communications network. See,
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`e.g., eero Technology web page, which explains that eero Pro 6 Wifi Router includes
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`“IEEE802.11a/b/g/n/ac” and “IEEE802.11a/b/g/n/ac/ax” Network Standard support, “3; tri-band”
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`radios, “2x2/2x2/4x4 MU/SU-MIMO,” “8” spatial streams, “WMM, Tx Beamforming, OFDMA”
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`features, and “band steering.” Additionally, the eero Technology web page confirms that “eero
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`blankets your home with wifi you can count on.” See, e.g., eero Mesh WiFi Product Comparison,
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`indicating the eero Pro 6 supports “Tri-band 2x2/2x2/4x4 MU/SU-MIMO 2.4/5.2/5.8 Ghz”
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`connectivity. In addition, the eero Mesh WiFi Product Comparison page states, "eero is the world’s
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`most flexible WiFi system, using eeros and eero Beacons to blanket your home in fast, reliable
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`WiFi." See, e.g., eero Pro 6 web page, indicating the eero Pro 6 includes “Tri-band wifi radios,
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`simultaneous 2.4 GHz & 5 GHz Lo & 5 GHz Hi; 2x2/2x2/4x4 MU/SU-MIMO; WMM, Tx
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`Beamforming, OFDMA; Wi-Fi 6 (IEEE802.11a/b/g/n/ac/ax).” Furthermore, the eero Pro 6 web
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`page confirms that the eero Pro 6 Wifi Router can “support high speeds for 75+ connected devices.”
`
`
`is available at https://support.eero.com/hc/en-
`2 eero Mesh WiFi Product Comparison
`us/articles/115002718486-eero-Mesh-WiFi-Product-Comparison. eero Pro 6 supports “Tri-band
`2x2/2x2/4x4 MU/SU-MIMO 2.4/5.2/5.8 Ghz” connectivity. eero 6 supports “Dual-band 2x2/2x2
`MU/SU-MIMO 2.4/5.2 Ghz” connectivity. eero Pro supports “Tri-band 2x2 SU-MIMO 2x2 MU-
`MIMO 2.4/5.2/5.8 Ghz” connectivity. eero supports “Dual-band 2x2 SU-MIMO, 2x2 MU-MIMO
`2.4/5.2 Ghz” connectivity. eero 6 extender supports “Dual-band 2x2/2x2 MU/SU-MIMO 2.4/5.2
`Ghz” connectivity. eero Beacon supports “Dual-band 2x2 SU-MIMO, 2x2 MU-MIMO 2.4/5.2
`Ghz” connectivity.
`3 eero Pro 6 web page available at https://eero.com/shop/eero-pro-6. eero Pro 6 includes “Wifi
`connectivity” with “Tri-band wifi radios, simultaneous 2.4 GHz & 5 GHz Lo & 5 GHz Hi;
`2x2/2x2/4x4 MU/SU-MIMO; WMM,
`Tx Beamforming, OFDMA; Wi-Fi
`6
`(IEEE802.11a/b/g/n/ac/ax).”
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 13 of 38
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`https://eero.com/shop/eero-pro-6 (last accessed June 1, 2021).
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`29.
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`Each of the ’376 Accused Products comprises a processor configured to generate a
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`probing signal for transmission to at least a first client device and a second client device. For
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`example, as with each ’376 Accused Product, the eero Pro 6 Wifi Router has at least one processor
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`(e.g., one or more central processing units (CPUs), Wi-Fi processors, a baseband processor in the
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`Wi-Fi radio, as examples) for generating signals for transmission. See, e.g., eero Technology web
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`page, which explains that eero Pro 6 Wifi Router includes a “1.4 GHz quad-core processor” as
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`well as IEEE802.11a/b/g/n/ac” and “IEEE802.11a/b/g/n/ac/ax” Network Standard support, “3; tri-
`
`band” radios, “2x2/2x2/4x4 MU/SU-MIMO,” “8” spatial streams, “WMM, Tx Beamforming,
`
`OFDMA” features, and “band steering.” Additionally, the eero Technology web page confirms
`
`that “eero blankets your home with wifi you can count on” and “support speeds up to a gigabit. So
`
`you get effortless connectivity for your devices.” See, e.g., eero Mesh WiFi Product Comparison,
`
`indicating the eero Pro 6 supports “Tri-band 2x2/2x2/4x4 MU/SU-MIMO 2.4/5.2/5.8 Ghz”
`
`
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`13
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 14 of 38
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`
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`connectivity. In addition, the eero Mesh WiFi Product Comparison page states, “eero is the world’s
`
`most flexible WiFi system, using eeros and eero Beacons to blanket your home in fast, reliable
`
`WiFi.” See, e.g., eero Pro 6 web page, indicating the eero Pro 6 includes a “1.4GHz quad-core
`
`processor” as well as “Tri-band wifi radios, simultaneous 2.4 GHz & 5 GHz Lo & 5 GHz Hi;
`
`2x2/2x2/4x4 MU/SU-MIMO; WMM,
`
`Tx Beamforming, OFDMA; Wi-Fi
`
`6
`
`(IEEE802.11a/b/g/n/ac/ax).” Furthermore, the eero Pro 6 web page confirms that the eero Pro 6
`
`Wifi Router can “support high speeds for 75+ connected devices.” For a further example, as with
`
`each Accused Product, the eero Pro 6 Wifi Router generates a probing signal for transmission (e.g.,
`
`a probing signal transmission that triggers or elicits a responsive transmission from each of a first
`
`client device and a second client device, such as NDP Announcement, NDP, beamforming report
`
`polling pursuant to Very High Throughput VHT channel sounding, including preamble training
`
`fields allowing an estimate of the channel for MU-MIMO) to at least a first client device and a
`
`second client device (e.g., a first non-AP STA / VHT beamformee and a second non-AP STA /
`
`VHT beamformee). See, e.g., IEEE 802.11ac Standard Clause 9.31.5.2 (“A VHT beamformer
`
`shall initiate a sounding feedback sequence by transmitting a VHT NDP Announcement frame
`
`followed by a VHT NDP after a SIFS. The VHT beamformer shall include in the VHT NDP
`
`Announcement frame one STA Info field for each VHT beamformee that is expected to prepare
`
`VHT Compressed Beamforming feedback and shall identify the VHT beamformee by including
`
`the VHT beamformee’s AID in the AID subfield of the STA Info field. The VHT NDP
`
`Announcement frame shall include at least one STA Info field.”); id. (“A non-AP VHT
`
`beamformee that receives a VHT NDP Announcement frame… shall transmit its VHT
`
`Compressed Beamforming feedback a SIFS after receiving a Beamforming Report Poll with RA
`
`matching its MAC address and a non-bandwidth signaling TA obtained from the TA field
`
`
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 15 of 38
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`matching the MAC address of the VHT beamformer.”); id. Clause 8.5.23.2 (defining format and
`
`subfields within the VHT Compressed Beamforming frame); id. Clause 8.4.1.48 (including Tables
`
`8-53(d)-(h)) (“Each SNR value per tone in stream i (before being averaged) corresponds to the
`
`SNR associated with the column i of the beamforming feedback matrix V determined at the
`
`beamformee”); id. Clause 8.4.1.49 (including Table 8-53i – MU Exclusive Beamforming Report
`
`information); id. Clauses 8.4.1.24, 9.31.5.1, 9.31.5.2; id. Clause 22.3.8.3.5; id. Clause 22.3.11.2.
`
`
`
`30.
`
`Each of the ’376 Accused Products comprises a processor configured to generate a
`
`first data stream for transmission to the first client device and generate a second data stream for
`
`transmission to the second client device. For example, as with each ’376 Accused Product, the
`
`eero Pro 6 Wifi Router has at least one processor and Wi-Fi radio functionality (e.g., the CPU(s)
`
`and/or Wi-Fi processors and/or baseband processor(s) in the Wi-Fi radio) configured to generate
`
`a first data stream for transmission to the first client device (“non-AP STA” or “non-Access Point
`
`Station”) and a second data stream for transmission to a second client device (non-AP STA)
`
`pursuant to MU-MIMO transmissions. See, e.g., eero Technology web page, which explains that
`
`eero Pro 6 Wifi Router includes a “1.4 GHz quad-core processor” as well as IEEE802.11a/b/g/n/ac”
`
`
`
`15
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 16 of 38
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`
`
`and “IEEE802.11a/b/g/n/ac/ax” Network Standard support, “3; tri-band” radios, “2x2/2x2/4x4
`
`MU/SU-MIMO,” “8” spatial streams, “WMM, Tx Beamforming, OFDMA” features, and “band
`
`steering.” Additionally, the eero Technology web page confirms that “eero blankets your home
`
`with wifi you can count on” and “support speeds up to a gigabit. So you get effortless connectivity
`
`for your devices.” See, e.g., eero Mesh WiFi Product Comparison, indicating the eero Pro 6
`
`supports “Tri-band 2x2/2x2/4x4 MU/SU-MIMO 2.4/5.2/5.8 Ghz” connectivity. In addition, the
`
`eero Mesh WiFi Product Comparison page states, “eero is the world’s most flexible WiFi system,
`
`using eeros and eero Beacons to blanket your home in fast, reliable WiFi.” See, e.g., eero Pro 6
`
`web page, indicating the eero Pro 6 includes a “1.4GHz quad-core processor” as well as “Tri-band
`
`wifi radios, simultaneous 2.4 GHz & 5 GHz Lo & 5 GHz Hi; 2x2/2x2/4x4 MU/SU-MIMO; WMM,
`
`Tx Beamforming, OFDMA; Wi-Fi 6 (IEEE802.11a/b/g/n/ac/ax).” Furthermore, the eero Pro 6 web
`
`page confirms that the eero Pro 6 Wifi Router can “support high speeds for 75+ connected devices.”
`
`See, e.g., 802.11ac Standard Clause 9.31.5.1 (“Transmit beamforming and DL-MU-MIMO require
`
`knowledge of the channel state to compute a steering matrix that is applied to the transmitted signal
`
`to optimize reception at one or more receivers. The STA transmitting using the steering matrix is
`
`called the VHT beamformer and a STA for which reception is optimized is called a VHT
`
`beamformee. An explicit feedback mechanism is used where the VHT beamformee directly
`
`measures the channel from the training symbols transmitted by the VHT beamformer and sends
`
`back a transformed estimate of the channel state to the VHT beamformer. The VHT beamformer
`
`then uses this estimate, perhaps combining estimates from multiple VHT beamformees, to derive
`
`the steering matrix.”); id. Clauses 22.3.4.6(d), 22.3.4.7(e), 22.3.4.8(l), 22.3.4.9.1(m), 22.3.4.9.2(m),
`
`22.3.4.10.4(a) (“Spatial mapping: Apply the Q matrix as described in 22.3.10.11.1.”); id. Clause
`
`22.3.10.11.1; IEEE 802.11-2012 Standard Clause 20.3.12.3.6; 802.11ac Standard Clauses 8.4.1.24,
`
`
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`16
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`Case 6:21-cv-00619-ADA Document 1 Filed 06/16/21 Page 17 of 38
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`
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`9.31.5.1, 9.31.5.2; id. Clause 22.3.11.1, 22.3.11.2.
`
`31.
`
`Each of the ’376 Accused Products comprises a transceiver operatively coupled to
`
`the processor and configured to: transmit the probing signal to at least the first client device and
`
`the second client device via a smart antenna; wherein the smart antenna is operatively coupled to
`
`the transceiver and comprises a first antenna element and a second antenna element. For example,
`
`as with each ’376 Accused Product, the eero Pro 6 Wifi Router has a Wi-Fi radio with a transceiver
`
`operatively coupled to the processor (e.g., the Wi-Fi radio generates signals for transmission and
`
`processes received signals with, e.g., the CPU, Wi-Fi processors, and/or baseband processor in the
`
`Wi-Fi radio, and the radio comprises a transceiver that transmits and receives signals via a smart
`
`antenna); and, as with each ’376 Accused Product, the eero Pro 6 Wifi Router has a Wi-Fi radio
`
`transceiver operatively coupled to the processor and to a smart antenna, wherein the smart antenna
`
`is operatively coupled to the Wi-Fi radio and comprise