IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and EERO LLC.
`
`Defendants.
`
`Case No. 6:21-cv-619-ADA
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF XR COMMUNICATIONS, LLC’S PRELIMINARY DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
`
`Page 1 of 6
`
`
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and EERO LLC.
`
`Defendants.
`
`Case No. 6:21-cv-619-ADA
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF XR COMMUNICATIONS, LLC’S PRELIMINARY DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
`
`Page 1 of 6
`
`
`
`Plaintiff XR Communications, LLC, dba Vivato Technologies (“Vivato”) provides this
`
`Disclosure of Asserted Claims and Infringement Contentions to Defendant Amazon.com, Inc.,
`
`Amazon.com Services LLC, and eero LLC. (collectively “Defendants”) in accordance with the
`
`Court’s Order Governing Proceedings. This disclosure is based on the information available to
`
`Vivato as of the date of this disclosure, and Vivato reserves the right to amend this disclosure to
`
`the full extent consistent with the Court’s Rules and Orders.
`
`Discovery is at a very early stage. There have been no deposition testimony or discovery
`
`responses in this action related to technical matters. Vivato’s investigation regarding the asserted
`
`claims and infringement contentions in this disclosure is ongoing, and its investigation of other
`
`potential grounds of infringement is ongoing. This disclosure is based upon information that
`
`Vivato has been able to obtain publicly, together with Vivato’s current good faith beliefs and
`
`information regarding the Accused Products. This disclosure is provided without prejudice to
`
`Vivato’s right to supplement or amend its disclosure as additional facts are discovered, documents
`
`and source code are obtained, analyses are made, and research is completed.
`
`Further, this disclosure is based upon Vivato’s present understanding of the meaning and
`
`scope of the claims of United States Patent Numbers 10,594,376 (the “’376 Patent”) and
`
`10,715,235 (the “’235 Patent”) (collectively, the “Asserted Patents” or “Patents-in-Suit”) in the
`
`absence of claim construction proceedings in this action. Vivato reserves the right to supplement
`
`or amend these disclosures if its understanding of the claims changes, including when the Court
`
`construes them in this action.
`
`I.
`
`Asserted Claims
`
`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
`
`Page 2 of 6
`
`
`
`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.
`
`II.
`
`Accused Products
`
`Vivato asserts that the Asserted Claims are infringed by various products used, made, sold,
`
`offered for sale, or imported into the U.S. by Defendants (“Accused Products”):
`
`• Amazon’s current, past, and future Wi-Fi access points and routers supporting MU-
`
`MIMO, including without limitation access points and routers utilizing the IEEE
`
`802.11ax or “Wi-Fi 6” standard and/or access points and routers utilizing the IEEE
`
`802.11ac wave 2 standard supporting MU-MIMO. For example, Vivato provides
`
`the following non-exhaustive list of Amazon’s current and past ’376 Accused
`
`Products: Defendant’s eero Pro 6, eero 6, eero Pro, eero, eero 6 extender, and eero
`
`Beacon (collectively, the “’376 Accused Products”).
`
`• Amazon products supporting MIMO and/or MU-MIMO technologies, including
`
`without limitation the Fire TV Stick 4K, Fire TV Stick, Fire TV Stick Lite, Fire TV
`
`Cube, Echo Show 10 (2nd-3rd Gen) (collectively the “’235 Accused Products”).
`
`Defendants’ Accused Products of which Vivato is presently aware are described in more
`
`detail in the accompanying preliminary infringement contention charts, Exhibits 1-2.
`
`Vivato reserves the right to accused additional of Defendants’ products to the extent Vivato
`
`becomes aware of additional products during the discovery process. Unless otherwise stated,
`
`Vivato’s assertions of infringement apply to all variations, versions, and applications of each of
`
`the Accused Products, on information and belief, that different variations, versions, and
`
`Page 3 of 6
`
`
`
`applications of each of the Accused Products are substantially the same for purposes of
`
`infringement of the Asserted Claims.
`
`III. Claim Charts
`
`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.
`
`IV.
`
`Priority Dates of the Asserted Patents
`
`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.
`
`V.
`
`Asserted Patents and File Histories
`
`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.
`
`
`
`
`
`
`Page 4 of 6
`
`
`
`Dated: December 20, 2021
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Reza Mirzaie
`
`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
`
`Attorneys for Plaintiff XR Communications,
`LLC, d/b/a Vivato Technologies, Inc.
`
`
`
`
`
`
`Page 5 of 6
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that all counsel of record who are deemed to have consented to
`
`electronic service are being served with a copy of this document via the Court’s CM/ECF system on
`
`December 20, 2021.
`
`
`
`/s/ Reza Mirzaie
`Reza Mirzaie
`
`Page 6 of 6
`
`
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