Case 6:21-cv-00625-ADA Document 1 Filed 06/16/21 Page 1 of 34
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`XR COMMUNICATIONS, LLC, dba
`VIVATO TECHNOLOGIES,
`
`v.
`
`GOOGLE LLC
`
`Plaintiff,
`
`Defendant.
`
`Case No.
`
`6:21-cv-625
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT AGAINST
`GOOGLE 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
`
`Technologies (“Plaintiff” or “Vivato”) makes the following allegations against Defendant Google
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`LLC (“Defendant”):
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`INTRODUCTION
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`1.
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`This complaint arises from Defendant’s 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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`1
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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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`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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`3
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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 Defendant’s accused products.
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`4
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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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`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 Google LLC (“Defendant” or “Google”) is a wholly owned subsidiary
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`of Alphabet Inc. and is a Delaware limited liability company with a principal place of business at
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`1600 Ampitheatre Parkway, Mountain View, California 94043. Google LLC designs and
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`manufactures, among other things, Wi-Fi-compatible products and systems. Defendant designs
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`and manufactures and/or has manufactured on its behalf abroad the Accused Products that are then
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`sold for importation into the United States, imported into the United States, and/or sold, offered
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`for sale, and/or used within the United States after importation. Google LLC may be served with
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`process through its registered agent, the Corporation Service Company at 211 East 7th Street, Suite
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`620, Austin, Texas 78701. Google LLC is registered to do business in the State of Texas and has
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`been since at least November 17, 2006. By registering to conduct business in Texas and by having
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`facilities where it regularly conducts business in this District, Google LLC has a permanent and
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`continuous presence in Texas and a regular and established place of business in the Western
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`District of Texas.
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`JURISDICTION AND VENUE
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`17.
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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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`18.
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`This Court has personal jurisdiction over Defendant in this action because
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`Defendant has 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 Defendant would not
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`offend traditional notions of fair play and substantial justice. Defendant, directly and/or through
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`subsidiaries or intermediaries, has committed and continues to commit acts of infringement in this
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`District by, among other things, importing, offering to sell, and selling products that infringe the
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`asserted patents, and inducing others to infringe the asserted patents in this District. Defendant is
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`directly and through intermediaries making, using, selling, offering for sale, distributing,
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`advertising, promoting, and otherwise commercializing its infringing products in this District.
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`Defendant regularly conducts and solicits business in, engages in other persistent courses of
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`conduct in, and/or derives substantial revenue from goods and services provided to the residents
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`of this District and the State of Texas. Google LLC is subject to jurisdiction pursuant to due process
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`and/or the Texas Long Arm Statute due to its substantial business in this State and District
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`including at least its infringing activities, regularly doing or soliciting business at its Austin
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`facilities, and engaging in persistent conduct and deriving substantial revenues from goods and
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`services provided to residents in the State of Texas including the Western District of Texas.
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`19.
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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 Google LLC has a permanent and continuous presence in, has committed acts of
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`infringement in, and maintains regular and established places of business in this district. Google
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`LLC has committed acts of direct and indirect infringement in this judicial district including using
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`and purposefully transacting business involving the Accused Products in this judicial district such
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`as by sales to one or more customers in the State of Texas including in the Western District of
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`Texas, and maintaining regular and established places of business in this district. For example,
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`Google invested $20 million to build a corporate office at 500 West 2nd Street, Austin, Texas
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`78701, which is a regular and established place of business in this district.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 10,594,376
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`20.
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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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`21.
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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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`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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`22.
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`Defendant has directly infringed and continues to directly infringe numerous claims
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`of the ’376 Patent, including at least claim 1, by manufacturing, using, selling, offering to sell,
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`and/or importing into the United States Wi-Fi access points and routers supporting MU-MIMO,
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`including without limitation access points and routers utilizing the IEEE 802.11ac standard (e.g.
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`Google Nest Wifi Router, Google Nest Wifi point, Google Wifi) (collectively, “’376 Accused
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`Products”). Defendant is liable for infringement of the ’376 Patent pursuant to 35 U.S.C. § 271(a).
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`23.
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`The Accused Products satisfy all claim limitations of numerous claims of the ’376
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`Patent, including Claim 1. The following paragraphs compare limitations of Claim 1 to an
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`exemplary ’376 Accused Product, the Google Nest Wifi Router. See, e.g., Google Nest Wifi Data
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`Sheet.1 See also Google Wifi Data Sheet.2
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`24.
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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 ’376 Accused Product, the Google Nest Wifi Router is an
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`apparatus for communication data on an IEEE 802.11ac data communications network. See, e.g.,
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`Google Nest Wifi Data Sheet, which explains that Google Nest Wifi Router includes “IEEE
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`802.11ac” Network Standard support. See, e.g., Google Nest Wifi Data Sheet (Google Nest Wifi
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`Router supports “AC2200 MU-MIMO Wi-Fi” with 4x4 (5GHz) and 2x2 (2.4 GHz) and
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`“Simultaneous dual-band (2.4 GHz / 5 GHz) Wi-Fi supporting IEEE 802.11a/b/g/n/ac.” Google
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`Nest Wifi point supports “AC1200 MU-MIMO Wi-Fi” with 2x2 (2.4 GHz / 5 GHz) and
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`“Simultaneous dual-band (2.4 GHz / 5 GHz) Wi-Fi supporting IEEE 802.11a/b/g/n/ac.”). In
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`addition, the data sheet also confirms that the Google Nest Wifi “Router and point can each handle
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`up to 100 connected devices.”
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`1 Google Nest Wifi Data Sheet is available at
`https://store.google.com/us/product/nest_wifi?hl=en-US. Google Nest Wifi Router supports
`“AC2200 MU-MIMO Wi-Fi” with 4x4 (5GHz) and 2x2 (2.4 GHz) and “Simultaneous dual-band
`(2.4 GHz / 5 GHz) Wi-Fi supporting IEEE 802.11a/b/g/n/ac.” Google Nest Wifi point supports
`“AC1200 MU-MIMO Wi-Fi” with 2x2 (2.4 GHz / 5 GHz) and “Simultaneous dual-band (2.4
`GHz / 5 GHz) Wi-Fi supporting IEEE 802.11a/b/g/n/ac.”
`2 Google Wifi Data Sheet is available at https://store.google.com/us/product/google_wifi_specs.
`Google Wifi supports “AC1200 MU-MIMO Wi-Fi” with “Simultaneous dual-band (2.4 GHz / 5
`GHz) Wi-Fi supporting IEEE 802.11a/b/g/n/ac.” According to Google’s web page, the Google
`Wifi is the best-selling mesh Wifi system in the United States. See Google Wifi Store
`Homepage, footnote 5, available at https://store.google.com/us/product/google_wifi_2nd_gen.
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`Exhibit 1102
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`Case 6:21-cv-00625-ADA Document 1 Filed 06/16/21 Page 10 of 34
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`25.
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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 Google Nest Wifi Router has at least one
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`processor (e.g., one or more central processing units (CPUs), Wi-Fi processors, a baseband
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`processor in the Wi-Fi radio, as examples) for generating signals for transmission. See, e.g.,
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`Google Nest Wifi Data Sheet, which explains that Google Nest Wifi Router includes “Quad-core
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`64-bit ARRM CPU 1.4 GHz” with “High-performance ML hardware engine.” See, e.g., Google
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`Nest Wifi Data Sheet (Google Nest Wifi Router supports “AC2200 MU-MIMO Wi-Fi” with 4x4
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`(5GHz) and 2x2 (2.4 GHz) and “Simultaneous dual-band (2.4 GHz / 5 GHz) Wi-Fi supporting
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`IEEE 802.11a/b/g/n/ac.” Google Nest Wifi point supports “AC1200 MU-MIMO Wi-Fi” with 2x2
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`(2.4 GHz / 5 GHz) and “Simultaneous dual-band (2.4 GHz / 5 GHz) Wi-Fi supporting IEEE
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`802.11a/b/g/n/ac.”). In addition, the data sheet also confirms that the Google Nest Wifi “Router
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`and point can each handle up to 100 connected devices.” For a further example, as with each ’376
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`Accused Product, the Google Nest Wifi Router generates a probing signal for transmission (e.g.,
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`Exhibit 1102
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`a probing signal transmission that triggers or elicits a responsive transmission from each of a first
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`client device and a second client device, such as NDP Announcement, NDP, beamforming report
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`polling pursuant to Very High Throughput VHT channel sounding, including preamble training
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`fields allowing an estimate of the channel for MU-MIMO) to at least a first client device and a
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`second client device (e.g., a first non-AP STA / VHT beamformee and a second non-AP STA /
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`VHT beamformee). See, e.g., IEEE 802.11ac Standard Clause 9.31.5.2 (“A VHT beamformer
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`shall initiate a sounding feedback sequence by transmitting a VHT NDP Announcement frame
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`followed by a VHT NDP after a SIFS. The VHT beamformer shall include in the VHT NDP
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`Announcement frame one STA Info field for each VHT beamformee that is expected to prepare
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`VHT Compressed Beamforming feedback and shall identify the VHT beamformee by including
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`the VHT beamformee’s AID in the AID subfield of the STA Info field. The VHT NDP
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`Announcement frame shall include at least one STA Info field.”); id. (“A non-AP VHT
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`beamformee that receives a VHT NDP Announcement frame… shall transmit its VHT
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`Compressed Beamforming feedback a SIFS after receiving a Beamforming Report Poll with RA
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`matching its MAC address and a non-bandwidth signaling TA obtained from the TA field
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`matching the MAC address of the VHT beamformer.”); id. Clause 8.5.23.2 (defining format and
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`subfields within the VHT Compressed Beamforming frame); id. Clause 8.4.1.48 (including Tables
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`8-53(d)-(h)) (“Each SNR value per tone in stream i (before being averaged) corresponds to the
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`SNR associated with the column i of the beamforming feedback matrix V determined at the
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`beamformee”); id. Clause 8.4.1.49 (including Table 8-53i – MU Exclusive Beamforming Report
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`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.
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`Exhibit 1102
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`26.
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`Each of the ’376 Accused Products comprises a processor configured to generate a
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`first data stream for transmission to the first client device and generate a second data stream for
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`transmission to the second client device. For example, as with each ’376 Accused Product, the
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`Google Nest Wifi Router has at least one processor and Wi-Fi radio functionality (e.g., the CPU(s)
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`and/or Wi-Fi processors and/or baseband processor(s) in the Wi-Fi radio) configured to generate
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`a first data stream for transmission to the first client device (“non-AP STA” or “non-Access Point
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`Station”) and a second data stream for transmission to a second client device (non-AP STA)
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`pursuant to MU-MIMO transmissions. See, e.g., Google Nest Wifi Data Sheet (Google Nest Wifi
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`Router supports “AC2200 MU-MIMO Wi-Fi” with 4x4 (5GHz) and 2x2 (2.4 GHz) and
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`“Simultaneous dual-band (2.4 GHz / 5 GHz) Wi-Fi supporting IEEE 802.11a/b/g/n/ac.” Google
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`Nest Wifi point supports “AC1200 MU-MIMO Wi-Fi” with 2x2 (2.4 GHz / 5 GHz) and
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`“Simultaneous dual-band (2.4 GHz / 5 GHz) Wi-Fi supporting IEEE 802.11a/b/g/n/ac.”). See, e.g.,
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`Google Nest Wifi Data Sheet, which explains that Google Nest Wifi Router includes “Quad-core
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`64-bit ARRM CPU 1.4 GHz” with “High-performance ML hardware engine.” See, e.g., 802.11ac
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`Standard Clause 9.31.5.1 (“Transmit beamforming and DL-MU-MIMO require knowledge of the
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`Exhibit 1102
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`Case 6:21-cv-00625-ADA Document 1 Filed 06/16/21 Page 13 of 34
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`channel state to compute a steering matrix that is applied to the transmitted signal to optimize
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`reception at one or more receivers. The STA transmitting using the steering matrix is called the
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`VHT beamformer and a STA for which reception is optimized is called a VHT beamformee. An
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`explicit feedback mechanism is used where the VHT beamformee directly measures the channel
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`from the training symbols transmitted by the VHT beamformer and sends back a transformed
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`estimate of the channel state to the VHT beamformer. The VHT beamformer then uses this
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`estimate, perhaps combining estimates from multiple VHT beamformees, to derive the steering
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`matrix.”);
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`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),
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`22.3.4.10.4(a) (“Spatial mapping: Apply the Q matrix as described in 22.3.10.11.1.”); id. Clause
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`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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`9.31.5.1, 9.31.5.2; id. Clause 22.3.11.1, 22.3.11.2.
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`27.
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`Each of the ’376 Accused Products comprises a transceiver operatively coupled to
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`the processor and configured to: transmit the probing signal to at least the first client device and
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`the second client device via a smart antenna; wherein the smart antenna is operatively coupled to
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`the transceiver and comprises a first antenna element and a second antenna element. For example,
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`as with each ’376 Accused Product, the Google Nest Wifi Router has a Wi-Fi radio with a
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`transceiver operatively coupled to the processor (e.g., the Wi-Fi radio generates signals for
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`transmission and processes received signals with, e.g., the CPU, Wi-Fi processors, and/or
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`baseband processor in the Wi-Fi radio, and the radio comprises a transceiver that transmits and
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`receives signals via a smart antenna); and, as with each ’376 Accused Product, the Google Nest
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`Wifi Router has a Wi-Fi radio transceiver operatively coupled to the processor and to a smart
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`antenna, wherein the smart antenna is operatively coupled to the Wi-Fi radio and comprises a first
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`antenna element and a second antenna element. For a further example, as with each ’376 Accused
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`13
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`Exhibit 1102
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`Case 6:21-cv-00625-ADA Document 1 Filed 06/16/21 Page 14 of 34
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`Product, the Google Nest Wifi Router transmits the probing signal (e.g., a probing signal
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`transmission that triggers or elicits a responsive transmission from each of a first client device and
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`a second client device, such as NDP Announcement, NDP, beamforming report poll frames
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`pursuant to Very High Throughput (VHT) channel sounding, including preamble training fields
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`allowing an estimate of the channel for MU-MIMO) to at least the first client device and the second
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`client device (e.g., the first non-AP STA and the second non-AP STA) via the smart antenna. See,
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`e.g., Google Nest Wifi Data Sheet (Google Nest Wifi Router supports “AC2200 MU-MIMO Wi-
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`Fi” with 4x4 (5GHz) and 2x2 (2.4 GHz) and “Simultaneous dual-band (2.4 GHz / 5 GHz) Wi-Fi
`
`supporting IEEE 802.11a/b/g/n/ac.” Google Nest Wifi point supports “AC1200 MU-MIMO Wi-
`
`Fi” with 2x2 (2.4 GHz / 5 GHz) and “Simultaneous dual-band (2.4 GHz / 5 GHz) Wi-Fi supporting
`
`IEEE 802.11a/b/g/n/ac.”). See, e.g., Google Nest Wifi Data Sheet, which explains that Google
`
`Nest Wifi Router includes “Quad-core 64-bit ARRM CPU 1.4 GHz” with “High-performance ML
`
`hardware engine.” See, e.g., 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 matching the MAC address of the VHT
`
`beamformer.”); id. Clause 8.5.23.2 (defining format and subfields within the VHT Compressed
`
`
`
`14
`
`Exhibit 1102
`Page 14 of 34
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`

`

`Case 6:21-cv-00625-ADA Document 1 Filed 06/16/21 Page 15 of 34
`
`
`
`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.
`
`28.
`
`Each of the ’376 Accused Products comprises a data-communications networking
`
`apparatus wherein one or more of the processor, the transceiver, or the smart antenna is further
`
`configured to: receive a first feedback information from the first client device in response to the
`
`transmission of the probing signal; receive a second feedback information from the second client
`
`device in response to transmission of the probing signal. For example, as with each ’376 Accused
`
`Product, the Google Nest Wifi Router comprises one or more of the processor, the transceiver, or
`
`the smart antenna further configured to receive channel state information and estimates of the
`
`channel state and MU MIMO-related feedback information from each of the first non-AP STA
`
`and the second non-AP STA pursuant to MU-MIMO sounding procedures. This feedback
`
`information, carried in one or more compressed beamforming frames, is in response to the
`
`transmission of the probing signal (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). See, e.g., Google Nest Wifi Data Sheet (Google Nest Wifi Router supports “AC2200
`
`MU-MIMO Wi-Fi” with 4x4 (5GHz) and 2x2 (2.4 GHz) and “Simultaneous dual-band (2.4 GHz
`
`/ 5 GHz) Wi-Fi supporting IEEE 802.11a/b/g/n/ac.” Google Nest Wifi point supports “AC1200
`
`MU-MIMO Wi-Fi” with 2x2 (2.4 GHz / 5 GHz) and “Simultaneous dual-band (2.4 GHz / 5 GHz)
`
`
`
`15
`
`Exhibit 1102
`Page 15 of 34
`
`

`

`Case 6:21-cv-00625-ADA Document 1 Filed 06/16/21 Page 16 of 34
`
`
`
`Wi-Fi supporting IEEE 802.11a/b/g/n/ac.”). See, e.g., Google Nest Wifi Data Sheet, which
`
`explains that Google Nest Wifi Router includes “Quad-core 64-bit ARRM CPU 1.4 GHz” with
`
`“High-performance ML hardware engine.” See, e.g., 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
`
`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:
`
`
`
`16
`
`Exhibit 1102
`Page 16 of 34
`
`

`

`Case 6:21-cv-00625-ADA Document 1 Filed 06/16/21 Page 17 of 34
`
`
`
`
`
`29.
`
`Each of the ’376 Accused Products comprises a data-communications networking
`
`apparatus wherein one or more of the processor, the transceiver, or the smart antenna is further
`
`configured to: determine where to place transmission peaks and transmission nulls within one or
`
`more spatially distributed patterns of electromagnetic signals based in part on the first and the
`
`second feedback information. For example, as with each ’376 Accused Product, the Google Nest
`
`Wifi Router comprises one or more of the processor, the transceiver, or the smart antenna further
`
`configured to determine where to place transmission peaks and transmission nulls within one or
`
`more spatially distributed patterns of electromagnetic signals based in part on the first and the
`
`second feedback information, including, e.g., where it determines where to place transmission
`
`peaks and transmission nulls through a beamforming steering matrix pursuant to beamforming and
`
`MU-MIMO spatial multiplexing, which beamforming steering matrix is determined based on the
`
`received CSI (channel state information) and MIMO-related feedback from the first client device
`
`(first non-AP STA) and the second client device (second non-AP STA) pursuant to VHT MU-
`
`MIMO sounding. See, e.g., Google Nest Wifi Data Sheet (Google Nest Wifi Router supports
`
`“AC2200 MU-MIMO Wi-Fi” with 4x4 (5GHz) and 2x2 (2.4 GHz) and “Simultaneous dual-band
`
`
`
`17
`
`Exhibit 1102
`Page 17 of 34
`
`

`

`Case 6:21-cv-00625-ADA Document 1 Filed 06/16/21 Page 18 of 34
`
`
`
`(2.4 GHz / 5 GHz) Wi-Fi supporting IEEE 802.11a/b/g/n/ac.” Google Nest Wifi point supports
`
`“AC1200 MU-MIMO Wi-Fi” with 2x2 (2.4 GHz / 5 GHz) and “Simultaneous dual-band (2.4 GHz
`
`/ 5 GHz) Wi-Fi supporting IEEE 802.11a/b/g/n/ac.”). See, e.g., Google Nest Wifi Data Sheet,
`
`which explains that Google Nest Wifi Router includes “Quad-core 64-bit ARRM CPU 1.4 GHz”
`
`with “High-performance ML hardware engine.” See, e.g., 802.11ac Standard Clause 9.31.5.1
`
`(“Tra