IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`SOVEREIGN PEAK VENTURES, LLC,
`
`Plaintiff,
`
`v.
`
`HEWLETT PACKARD ENTERPRISE
`COMPANY,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`JURY TRIAL DEMANDED
`
`C.A. NO. 2:23-cv-00009
`
`PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
`
`Pursuant to P.R. 3-1 and 3-2, Sovereign Peak Ventures, LLC (“SPV” or “Plaintiff”)
`
`submits its disclosure of asserted claims and infringement contentions to Defendant Hewlett
`
`Packard Enterprise Company (“HPE” or “Defendant”).
`
`The following asserted claims and contentions are based upon SPV’s good faith evaluation
`
`of information known to SPV at this time. SPV reserves its right to supplement and/or amend these
`
`Asserted Claims and Infringement Contentions in view of information and/or documents that may
`
`be obtained during discovery, further investigation, the Court’s claim construction ruling,
`
`applicable case law and authorities, and/or any other reasons permitted under the Court’s order,
`
`the Patent Rules, and the Federal Rules of Civil Procedure. See Eolas Techs. Inc. v. Amazon.com,
`
`Inc., No. 6:15-CV-01038, 2016 WL 7666160, at *2 (E.D. Tex. Dec. 5, 2016) (“[G]iven Plaintiff’s
`
`assertion that Defendants have not produced all documents and code reflecting their server
`
`architectures, it is unreasonable to expect Plaintiff to draft ICs in great detail . . . . [C]ontentions
`
`should become more detailed with the conclusion of fact discovery and claim construction.”).
`
`-1-
`
`CONFIDENTIAL
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000001
`
`

`

`I.
`
`P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions
`
`(a)
`
`Each claim of each patent in suit that is allegedly infringed by each opposing
`party;
`
`By making, using, testing, offering for sale, selling, and/or importing any of the devices
`
`addressed in Exhibits A-D, Defendant directly and/or indirectly infringes U.S. Patent No.
`
`7,796,512 (the “ʼ512 patent”), U.S. Patent No. 8,045,531 (the “ʼ531 patent”), U.S. Patent No.
`
`8,270,384 (the “ʼ384 patent”), and U.S. Patent No. 8,467,723 (the “ʼ723 patent”) (collectively, the
`
`“patents-in-suit”). Based on information presently available, Plaintiff contends that Defendant
`
`infringes the claims identified in Exhibits A-D, including the following claims of the patents-in-
`
`suit:
`
`1. Claim 1 of the ’512 patent;
`
`2. Claims 1, 7, and 13 of the ’531 patent;
`
`3. Claims 1, 3, 4, and 6 of the ʼ384 patent; and
`
`4. Claims 5-7 and 9 of the ’723 patent.
`
`(b)
`
`Separately for each asserted claim, each accused apparatus, product, device,
`process, method, act, or other instrumentality (“Accused Instrumentality”) of
`each opposing party of which the party is aware. This identification shall be
`as specific as possible. Each product, device, and apparatus must be identified
`by name or model number, if known. Each method or process must be
`identified by name, if known, or by any product, device, or apparatus which,
`when used, allegedly results in the practice of the claimed method or process;
`
`The Accused Instrumentalities of which SPV is aware are identified below. Plaintiff
`
`reserves the right, in response to discovery or as otherwise permitted, to supplement its
`
`identification of Accused Instrumentalities.
`
`1. The Accused Instrumentalities for each asserted claim of the ’512 patent are identified
`
`in Exhibit A hereto.
`
`
`
`-2-
`
`CONFIDENTIAL
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000002
`
`

`

`2. The Accused Instrumentalities for each asserted claim of the ’531 patent are identified
`
`in Exhibit B hereto.
`
`3. The Accused Instrumentalities for each asserted claim of the ’384 patent are identified
`
`in Exhibit C hereto.
`
`4. The Accused Instrumentalities for each asserted claim of the ’723 patent are identified
`
`in Exhibit D hereto.
`
`Plaintiff expressly reserves the right to seek leave of Court to augment and supplement
`
`these disclosures after discovery from Defendant, or as permitted under the Patent Rules. Plaintiff
`
`expects that this disclosure may be subject to amendment or supplementation to identify and
`
`accuse additional products developed or made available after the date on which these contentions
`
`are served, or of which Plaintiff was not aware at the time that these contentions were prepared.
`
`Plaintiff reserves the right to seek leave of Court to augment and supplement this disclosure after
`
`discovery from Defendant, or as permitted under the Patent Rules.
`
`(c)
`
`A chart identifying specifically where each element of each asserted claim is
`found within each Accused Instrumentality, including for each element that
`such party contends is governed by 35 U.S.C. § 112(6), the identity of the
`structure(s), act(s), or materials(s) in the Accused Instrumentality that
`performs the claimed functions;
`
`Charts identifying where each element of the asserted claims is found within each Accused
`
`Instrumentality are included as Exhibits A-D accompanying this document. The charts are based
`
`on publicly available information currently accessible to Plaintiff. Discovery has yet to begin, and
`
`Plaintiff reserves the right to amend its list of Accused Instrumentalities or charts after discovery
`
`from Defendant, or as permitted by the Court, the Patent Rules, or the Federal Rules of Civil
`
`Procedure.
`
`
`
`-3-
`
`CONFIDENTIAL
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000003
`
`

`

`(d) Whether each element of each asserted claim is claimed to be literally present
`or present under the doctrine of equivalents in the Accused Instrumentality;
`
`As the Court has not construed any claim term, it is not yet clear whether Plaintiff will rely
`
`on the doctrine of equivalents. Accordingly, Plaintiff reserves the right to amend its infringement
`
`contentions as necessary. Based on its current understanding of the claim language and publicly
`
`available information pertaining to the Accused Instrumentalities, and without notice of any claim
`
`construction or non-infringement position from Defendant, Plaintiff asserts that Defendant literally
`
`infringes each element of the asserted claims. However, any claim element not literally present in
`
`or performed by the Accused Instrumentalities is satisfied under the doctrine of equivalents
`
`because any difference between such claim element and the accused element is insubstantial. In
`
`other words, the accused element performs substantially the same function, in substantially the
`
`same way, to achieve substantially the same result.
`
`(e)
`
`For any patent that claims priority to an earlier application, the priority date
`to which each asserted claim allegedly is entitled;
`
`Each of the patents-in-suit is entitled to a priority date no later than the filing date of the
`
`earliest application to which it claims priority. To date, Plaintiff believes the patents-in-suit have
`
`the following priority dates. Plaintiff reserves the right to amend its list of priority dates as
`
`additional information becomes available, such as in response to discovery from third parties.
`
`- The asserted claim of the ’512 patent are entitled to a priority date at least as early as
`
`March 14, 2005.
`
`- The asserted claim of the ’531 patent are entitled to a priority date at least as early as
`
`March 2, 2004.
`
`- The asserted claim of the ’384 patent are entitled to a priority date at least as early as
`
`March 2, 2004.
`
`
`
`-4-
`
`CONFIDENTIAL
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000004
`
`

`

`- The asserted claims of the ’723 patent are entitled to a priority date at least as early as
`
`July 19, 2007.
`
`(f)
`
`If a party claiming patent infringement wishes to preserve the right to reply,
`for any purpose, on the assertion that its own apparatus, product, device,
`process, method, act, or other instrumentality practices the claimed invention,
`the party must identify, separately for each asserted claim, each such
`apparatus, product, device, process, method, act, or other instrumentality that
`incorporates or reflects that particular claim.
`
`Plaintiff is not aware of any apparatus, product, device, process, method, act, or other
`
`instrumentality of its own that practices the claimed inventions.
`
`II.
`
`P.R. 3-2 Document Production Accompanying Disclosure
`
`(a)
`
`Plaintiff is not presently aware of any non-privileged documents sufficient to
`
`evidence discussion with, disclosure to, or other manner of providing to a third party, or sale of or
`
`offer to sell, the claimed inventions prior to the date of application for the patents-in-suit.
`
`(b)
`
`Plaintiff is not presently aware of any non-privileged documents that evidence
`
`conception, reduction to practice, design, and development of each claimed invention that were
`
`created on or before the above referenced dates for each of the patents-in-suit. Plaintiff notes that
`
`documents responsive to P.R. 3-2(b) may be in the possession of the inventors and/or original
`
`assignees of the patents-in-suit. In the event that discovery leads to documents that evidence
`
`conception, reduction to practice, design, and development of any claimed invention that were
`
`created on or before the date of application for the patents-in-suit, Plaintiff reserves the right to
`
`claim such date.
`
`(c)
`
`Copies of the file histories for the patents-in-suit are produced herewith and bear
`
`production numbers as follows: SPV-HPE000001 – SPV-HPE000416; SPV-HPE000459 – SPV-
`
`HPE000934; SPV-HPE000961 – SPV-HPE001272; SPV-HPE001298 – SPV-HPE001512.
`
`
`
`
`
`
`
`-5-
`
`CONFIDENTIAL
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000005
`
`

`

`Dated: February 28, 2023
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Jon Rastegar
`Patrick J. Conroy
`Texas Bar No. 24012448
`T. William Kennedy Jr.
`Texas Bar No. 24055771
`Jonathan H. Rastegar
`Texas Bar No. 24064043
`
`NELSON BUMGARDNER CONROY PC
`2727 North Harwood St., Suite 250
`Dallas, TX 75201
`Tel: (214) 446-4951
`pat@nbafirm.com
`bill@nbafirm.com
`jon@nbafirm.com
`
`Attorneys for Plaintiff
`Sovereign Peak Ventures, LLC
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing document
`
`was served on Defendant through its respective counsel via e-mail on February 28, 2023.
`
`/s/ Jon Rastegar
`
`
`
`
`
`-6-
`
`CONFIDENTIAL
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000006
`
`

`

`Ex. A - U.S. Patent No. 7,796,512
`
`HPE makes, uses, tests, offers for sale, sells, and/or imports devices that have been or are enabled for 802.11k (the “Accused Products”).
`The Accused Products are identified in Appendix A to this Exhibit. Each of the Accused Products include the features identified in this
`chart. The features and functionality identified in this chart cause the Accused Products to practice the asserted claims of U.S. Patent No.
`7,796,512 (the “’512 patent”). The Accused Products include any device that HPE makes, uses, tests, offers for sale, sells, and/or imports
`that have been or are enabled for 802.11k. The Accused Products include, but are not limited to, HPE-Aruba APs that are compatible with
`both controller-based Aruba network environment (e.g., ArubaOS) and controller-less Aruba network environment (e.g., Aruba Instant),
`including, but not limited to, the systems and devices listed in Appendix A.
`
`The specific ways in which the Accused Products are enabled for 802.11k will be detailed in documents and/or source code that will be
`produced in discovery. SPV reserves the right to supplement this contention upon receipt of such discovery.
`
`Appendix A is not intended to be exhaustive. HPE directly infringes the asserted claims of the ’512 patent because the Accused Products
`comprise or perform all elements of the asserted claims. Among other things, HPE practices the asserted method claims by testing the
`Accused Products. Further, the operation of the Accused Products on a network is done under the direction or control of HPE. HPE also
`indirectly infringes the asserted claims of the ’512 patent by encouraging its customers and end-users to deploy the Accused Products,
`creating advertisements that promote infringing use, maintaining distribution channels for the Accused Products, distributing or making
`available instructions or manuals for the Accused Products, and providing technical support, replacement parts, or services for the Accused
`Products.
`
`CONFIDENTIAL
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000007
`
`

`

`U.S. Patent No. 7,796,512
`
`A switching source device
`for moving a session
`established with a
`communication
`counterpart to a
`switching destination
`device, comprising:
`
`Each Accused Product is a switching source device. For example, the accused products include, but are
`not limited to, HPE-Aruba APs that are compatible with both controller-based Aruba network
`environment (e.g., ArubaOS). Each Accused Product is a switching source device that assists connected
`clients with roaming to a switching source destination device (destination AP).
`
`Source:
`https://www.arubanetworks.com/techdocs/ArubaOS_87_Web_Help/Content
`/arubaos-solutions/virtual-ap/fast-bss-tran.htm
`
`Source:
`https://www.arubanetworks.com/r
`esource/arubaos-data-sheet/
`
`2
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000008
`
`

`

`U.S. Patent No. 7,796,512
`
`A switching source device
`for moving a session
`established with a
`communication
`counterpart to a
`switching destination
`device, comprising:
`
`Each Accused Product is a switching source device. For example, the accused products include, but are
`not limited to, HPE-Aruba APs that are compatible with controller-less Aruba network environment
`(e.g., Aruba Instant) that support 802.11k/r. Each Accused Product is a switching source device that
`assists connected clients with roaming to a switching source destination device (destination AP).
`
`Additional: ArubaOS and Aruba Instant inter-operability
`
`Source:https://www.arubanetworks.com/techdocs/Instant_83x_WebHelp/Content/PDFs/Aruba%20Instant%208.3.0.x%20
`User%20Guide.pdf
`
`3
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000009
`
`

`

`U.S. Patent No. 7,796,512
`
`A switching source device
`for moving a session
`established with a
`communication
`counterpart to a
`switching destination
`device, comprising:
`
`The Accused APs use 802.11r (Fast Basic Service Set (BSS) Transition (FT)), which reduces the latency
`experienced by AP-roaming clients and allows mobile clients to experience ‘seamless transitions.’
`APs that support 802.11k/r, such as the Accused APs, act as switching source devices for moving a
`session with connected clients to switching destination devices, or APs to which the client may choose
`to roam.
`
`Source: IEEE Std 802.11-2016
`
`4
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000010
`
`

`

`U.S. Patent No. 7,796,512
`
`The Accused APs include a service discovery section for obtaining information used to compile a
`neighbor report.
`
`a service discovery
`section for obtaining
`information as to
`whether a service can be
`provided from a
`neighboring
`communication device;
`
`Source: IEEE Std 802.11-2016
`
`5
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000011
`
`

`

`U.S. Patent No. 7,796,512
`
`The Accused APs include a service discovery section for obtaining information used to compile a
`neighbor report.
`
`a service discovery
`section for obtaining
`information as to
`whether a service can be
`provided from a
`neighboring
`communication device;
`
`Source: IEEE Std 802.11-2016
`
`6
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000012
`
`

`

`U.S. Patent No. 7,796,512
`
`The Accused APs include a service discovery section for obtaining information used to compile a
`neighbor report.
`
`a service discovery
`section for obtaining
`information as to
`whether a service can be
`provided from a
`neighboring
`communication device;
`
`Source: IEEE Std 802.11-2016
`
`7
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000013
`
`

`

`U.S. Patent No. 7,796,512
`
`a service discovery
`section for obtaining
`information as to
`whether a service can be
`provided from a
`neighboring
`communication device;
`
`The Accused APs’ service discovery section may obtain information about neighboring communication devices from
`measurement reports or from background scans. For example, HPE-Aruba APs ability to conduct load balancing and band
`steering ops among clients and other HPE-ArubaOS APs is evidence that these APs are aware of their RF environment via the
`ability to perform background scans
`
`ArubaOS: Load balancing
`
`Source: https://www.arubanetworks.com/techdocs/ArubaOS_87_Web_Help/Content/arubaos-solutions/cluster/clus-load-
`bala.htm?Highlight=load%20balancing
`
`8
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000014
`
`

`

`U.S. Patent No. 7,796,512
`
`a service discovery
`section for obtaining
`information as to
`whether a service can be
`provided from a
`neighboring
`communication device;
`
`The Accused APs’ service discovery section may obtain information about neighboring communication devices from
`measurement reports or from background scans. For example, HPE-Aruba Instant APs ability to conduct load balancing and
`band steering ops among clients and other HPE-Aruba APs is evidence that these APs are aware of their RF environment via
`the ability to perform background scans
`
`Aruba Instant: Load balancing
`
`Source:https://www.arubanetworks.com/techdocs/Instant_83x_WebHelp/Content/PDFs/Aruba%20Instant%208.3.0.x%20U
`ser%20Guide.pdf
`Source: https://community.arubanetworks.com/blogs/arunkumar1/2020/10/20/how-to-configure-spectrum-load-balancing-
`in-aruba-instant-what-are-the-parameters-and-their-default-values
`
`9
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000015
`
`

`

`U.S. Patent No. 7,796,512
`
`The Accused APs instruct their respective service discovery sections to inquire whether a service can be
`provided by requesting beacon reports from connected clients at arbitrary times.
`
`a high speed device
`switching section for
`instructing the service
`discovery section at an
`arbitrary timing to inquire
`whether a service can be
`provided, determining a
`switching destination
`candidate device that is a
`switching destination of a
`session based on the
`obtained information as
`to whether the service
`can be provided,
`generating a switching
`destination candidate
`device list describing the
`switching destination
`candidate devices, and
`making an instruction for
`establishing a session
`with the switching
`destination candidate
`device;
`
`Source: IEEE Std 802.11-2016
`
`10
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000016
`
`

`

`U.S. Patent No. 7,796,512
`
`The Accused APs determine switching destination candidate APs using information obtained by the
`service discovery sections. This determination may be made based on the BSSID of a known AP or based
`on information relating to an AP’s settings and capabilities.
`
`a high speed device
`switching section for
`instructing the service
`discovery section at an
`arbitrary timing to inquire
`whether a service can be
`provided, determining a
`switching destination
`candidate device that is a
`switching destination of a
`session based on the
`obtained information as
`to whether the service
`can be provided,
`generating a switching
`destination candidate
`device list describing the
`switching destination
`candidate devices, and
`making an instruction for
`establishing a session
`with the switching
`destination candidate
`device;
`
`Source: IEEE Std 802.11-2016
`
`11
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000017
`
`

`

`U.S. Patent No. 7,796,512
`
`The Accused APs generate a neighbor list, describing the switching candidate APs.
`
`a high speed device
`switching section for
`instructing the service
`discovery section at an
`arbitrary timing to inquire
`whether a service can be
`provided, determining a
`switching destination
`candidate device that is a
`switching destination of a
`session based on the
`obtained information as
`to whether the service
`can be provided,
`generating a switching
`destination candidate
`device list describing the
`switching destination
`candidate devices, and
`making an instruction for
`establishing a session
`with the switching
`destination candidate
`device;
`
`Source: IEEE Std 802.11-2016
`
`12
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000018
`
`

`

`U.S. Patent No. 7,796,512
`
`The Neighbor Report element for each neighbor contains the AP’s respective BSSID, which is used to
`subsequently establish a Fast Transition session with that AP.
`
`a high speed device
`switching section for
`instructing the service
`discovery section at an
`arbitrary timing to inquire
`whether a service can be
`provided, determining a
`switching destination
`candidate device that is a
`switching destination of a
`session based on the
`obtained information as
`to whether the service
`can be provided,
`generating a switching
`destination candidate
`device list describing the
`switching destination
`candidate devices, and
`making an instruction for
`establishing a session
`with the switching
`destination candidate
`device;
`
`Source: IEEE Std 802.11-2016
`
`13
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000019
`
`

`

`U.S. Patent No. 7,796,512
`
`The Remote Request Broker (RRB) of an Accused AP establishes a session, over the DS, with the
`switching destination candidate device (target AP).
`
`a signaling section for
`establishing a session
`with the switching
`destination candidate
`device when the
`instruction for
`establishing a session is
`received from the high
`speed device switching
`section and;
`
`Source: IEEE Std 802.11-2016
`
`14
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000020
`
`

`

`U.S. Patent No. 7,796,512
`
`The Remote Request Broker (RRB) of an Accused AP establishes a session, over the DS, with the
`switching destination candidate device (target AP).
`
`a signaling section for
`establishing a session
`with the switching
`destination candidate
`device when the
`instruction for
`establishing a session is
`received from the high
`speed device switching
`section and;
`
`Source: IEEE Std 802.11-2016
`
`15
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000021
`
`

`

`U.S. Patent No. 7,796,512
`
`an input section for
`receiving a switching
`destination candidate
`device list request from a
`user; and
`
`The Accused APs include an input section for receiving, e.g., neighbor report requests from connected
`users’ devices.
`
`Source: IEEE Std 802.11-2016
`
`16
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000022
`
`

`

`U.S. Patent No. 7,796,512
`
`The Accused APs include an output section for presenting the neighbor report to a connected client, in
`response to a neighbor report request.
`
`an output section for
`presenting the switching
`destination candidate
`device list when the high
`speed device switching
`section receives the
`switching destination
`candidate device list
`request through the input
`section;
`
`Source: IEEE Std 802.11-2016
`
`17
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000023
`
`

`

`U.S. Patent No. 7,796,512
`
`When an Accused AP receives a switching request (FT Action Request) from a user’s device, it sends a
`RemoteRequest to the Target AP.
`
`wherein when the high
`speed device switching
`section receives a device
`switching request from a
`user through the input
`section, it notifies the
`signaling section of the
`device selected from the
`switching candidate
`device list, and the
`signaling section sends a
`switching instruction to
`the selected device.
`
`Source: IEEE Std 802.11-2016
`
`18
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000024
`
`

`

`U.S. Patent No. 7,796,512
`
`The RemoteRequest message contains a switching instruction, including, e.g., instructions for the robust
`security network (RSN) association.
`
`wherein when the high
`speed device switching
`section receives a device
`switching request from a
`user through the input
`section, it notifies the
`signaling section of the
`device selected from the
`switching candidate
`device list, and the
`signaling section sends a
`switching instruction to
`the selected device.
`
`Source: IEEE Std 802.11-2016
`
`19
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000025
`
`

`

`APPENDIX A TO EX. A
`
`Model No.
`AP-503H
`AP-503H
`AP-505H
`AP-505H
`AP-503H
`AP-505H
`AP-303H
`AP-303H
`AP-303H
`AP-203R
`AP-203R
`AP-203RP
`AP-203RP
`AP-655
`AP-655
`AP-635
`AP-635
`AP-615
`AP-615
`AP-555
`AP-555
`AP-535
`AP-534
`AP-535
`AP-534
`AP-515
`
`Part No.
`R3V38A
`R7G97A
`R3V48A
`R3V57A
`R3V39A
`R3V49A
`JZ088A
`JY680A
`JY681A
`JY714A
`JY715A
`JY722A
`JY723A
`R7J39A
`R7J44A
`R7J28A
`R7J33A
`R7J50A
`R7J55A
`JZ357A
`JZ367A
`JZ337A
`JZ332A
`JZ347A
`JZ342A
`Q9H63A
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000026
`
`

`

`APPENDIX A TO EX. A
`
`AP-514
`AP-515
`AP-514
`AP-505
`AP-504
`AP-505
`AP-504
`AP-344
`AP-344
`AP-345
`AP-345
`AP-303
`AP-303P
`AP-303P
`AP-584
`AP-585
`AP-587
`AP-584
`AP-585
`AP-587
`AP-585EX
`AP-587EX
`AP-574
`AP-575
`AP-577
`AP-574
`AP-575
`
`Q9H58A
`Q9H73A
`Q9H68A
`R2H29A
`R2H23A
`R2H39A
`R2H34A
`JZ023A
`JZ024A
`JZ033A
`JZ034A
`JZ321A
`R0G69A
`R2H45A
`R7S99A
`R7T04A
`R7T09A
`R7T14A
`R7T19A
`R7T24A
`R7T29A
`R7T34A
`R4H13A
`R4H18A
`R4H23A
`R4H28A
`R4H33A
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000027
`
`

`

`APPENDIX A TO EX. A
`
`AP-577
`AP-575EX
`AP-577EX
`AP-565
`AP-567
`AP-565
`AP-567
`AP-565EX
`AP-567EX
`AP-518
`AP-518
`AP-387
`AP-387
`AP-374
`AP-375
`AP-377
`AP-374
`AP-375
`AP-377
`AP-375EX
`AP-377EX
`AP-375ATEX
`AP-365
`AP-365
`AP-367
`AP-367
`AP-318
`
`R4H38A
`R4W34A
`R4W39A
`R4W44A
`R4W49A
`R4W54A
`R4W59A
`R4W63A
`R4W67A
`R4H03A
`R4H08A
`R0K14A
`R4E11A
`JZ163A
`JZ173A
`JZ183A
`JZ168A
`JZ178A
`JZ188A
`R3P69A
`R3P90A
`R7J11A
`JX967A
`JZ969A
`JX974A
`JX976A
`JZ153A
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000028
`
`

`

`APPENDIX A TO EX. A
`
`AP-318
`
`
`
`JZ158A
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000029
`
`

`

`Ex. B - U.S. Patent No. 8,045,531
`
`HPE makes, uses, tests, offers for sale, sells, and/or imports devices that support Control and Provisioning of Wireless Access Points
`(“CAPWAP”) (the “Accused Products”). The Accused Products are identified in Appendix A to this Exhibit. Each of the Accused Products
`include the features identified in this chart. The features and functionality identified in this chart cause the Accused Products to practice
`the asserted claims of U.S. Patent No. 8,045,531 (the “`531 patent”). The Accused Products include any WLAN device that HPE makes, uses,
`tests, offers for sale, sells, and/or imports that supports CAPWAP. The Accused Products include, but are not limited to, HPE’s ArubaOS,
`access points, and mobility controllers, including, but not limited to, the systems and devices listed in Appendix A.
`
`The specific ways in which the Accused Products support CAPWAP will be detailed in documents and/or source code that is produced in
`discovery. SPV reserves the right to supplement this contention upon receipt of such discovery.
`
`Appendix A is not intended to be exhaustive. HPE directly infringes the asserted claims of the `531 patent because the Accused Products
`comprise or perform all elements of the asserted claims. Among other things, HPE practices the asserted method claims by testing the
`Accused Products. Further, the operation of the Accused Products on a WLAN is done under the direction or control of HPE. For example,
`HPE deploys the Accused Products with built-in firmware to perform CAPWAP. This firmware controls the operation of the Accused
`Products and cannot be altered by end users. HPE also indirectly infringes the asserted claims of the `531 patent by encouraging its
`customers and end-users to deploy the Accused Products in a WLAN that supports CAPWAP, creating advertisements that promote
`infringing use, maintaining distribution channels for the Accused Products, distributing or making available instructions or manuals for the
`Accused Products, and providing technical support, replacement parts, or services for the Accused Products. Moreover, the Accused
`Products contain instructions, such as executable firmware, that cause the device to infringe the asserted claims.
`
`CONFIDENTIAL
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000030
`
`

`

`U.S. Patent No. 8,045,531
`
`ACCUSED PRODUCTS
`
`Each Accused Product is a system for providing service in a local area network. For example, the
`Accused Products include, but are not limited to HPE ArubaOS network operating system.
`
`Claim 1
`
`A system for providing
`service in a wireless local
`area network comprising:
`
`Source: https://www.arubanetworks.com/assets/ds/DS_ArubaOS.pdf
`
`CONFIDENTIAL
`
`2
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000031
`
`

`

`U.S. Patent No. 8,045,531
`
`ACCUSED PRODUCTS
`
`Each Accused Product is a system for providing service in a wireless local area network. For example,
`the Accused Products include, but are not limited to HPE ArubaOS network operating system.
`
`Claim 1
`
`A system for providing
`service in a wireless local
`area network comprising:
`
`Source: https://www.arubanetworks.com/assets/ds/DS_ArubaOS.pdf
`
`CONFIDENTIAL
`
`3
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000032
`
`

`

`Claim 1
`
`a single or plurality of
`wireless access points
`(WAP) for processing a
`subset of complete
`functionality defined for
`the wireless local area
`network;
`
`U.S. Patent No. 8,045,531
`
`ACCUSED PRODUCTS
`
`The Accused Products comprise a single or a plurality of WAPs, which includes all HPE Aruba AP models
`that can be managed by an Aruba Mobility Controller.
`
`Source: https://www.arubanetworks.com/products/wireless/access-points/
`
`Source: https://www.arubanetworks.com/assets/tg/TD_ArubaOS-8-Fundamental-Guide.pdf
`
`CONFIDENTIAL
`
`4
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000033
`
`

`

`U.S. Patent No. 8,045,531
`
`ACCUSED PRODUCTS
`
`The single or plurality of WAPs process a subset of complete functionality defined for the WLAN. The
`WAPs implement client-facing WLAN functions such as ClientMatch, which is an example of a subset of
`complete WLAN functionality.
`
`Claim 1
`
`a single or plurality of
`wireless access points
`(WAP) for processing a
`subset of complete
`functionality defined for
`the wireless local area
`network;
`
`Source:
`https://higherlogicdownload.s3.amazonaws.com/
`HPE/MigratedAttachments/9B71B25A-80A1-
`4851-8B5F-21FDC9AB083F-2-VRD_Optimizing-
`WLAN-for-Roaming-Devices.pdf
`
`CONFIDENTIAL
`
`5
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000034
`
`

`

`U.S. Patent No. 8,045,531
`
`ACCUSED PRODUCTS
`
`The single or plurality of WAPs process a subset of complete functionality defined for the WLAN. The
`WAPs implement client-facing WLAN functions such as Air Slice, which is an example of a subset of
`complete WLAN functionality.
`
`Claim 1
`
`a single or plurality of
`wireless access points
`(WAP) for processing a
`subset of complete
`functionality defined for
`the wireless local area
`network;
`
`Source: https://www.arubanetworks.com/assets/tg/TB_Air-Slice.pdf
`
`CONFIDENTIAL
`
`6
`
`Exhibit 1013
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`Page 000035
`
`

`

`U.S. Patent No. 8,045,531
`
`ACCUSED PRODUCTS
`
`The single or plurality of WAPs process a subset of complete functionality defined for the WLAN. The
`WAPs implement client-facing WLAN functions such as 802.11k Radio Resource Management, which is
`an example of a subset of complete WLAN functionality.
`
`Claim 1
`
`a single or plurality of
`wireless access points
`(WAP) for processing a
`subset of complete
`functionality defined for
`the wireless local area
`n