Case 2:16-cv-00008-JRG-RSP Document 5 Filed 01/18/16 Page 1 of 18 PageID #: 166
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`C.A. No. 2:16-cv-00008-JRG-RSP
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`JURY TRIAL REQUESTED
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`MOBILE TELECOMMUNICATIONS
`TECHNOLOGIES, LLC,
`
`
`Plaintiff,
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`v.
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`BRIGHT HOUSE NETWORKS, LLC
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`Defendant.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Mobile Telecommunications Technologies, LLC (“MTel”), by and through its
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`undersigned counsel, files this first amended complaint against Bright House Networks, LLC
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`(“BHN” or “Defendant”) for infringement of U.S. Patent Nos. 5,590,403 (the “’403 Patent”),
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`5,659,891 (the “’891 Patent”), and 5,915,210 (the “’210 Patent”), (collectively, the “Asserted
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`Patents” or the “Patents-in-Suit”) in accordance with 35 U.S.C. § 271 and alleges as follows:
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`PARTIES
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`1.
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`Plaintiff MTel is a Delaware limited liability company having a principal place of
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`business at 1720 Lakepointe Drive, Suite 100, Lewisville, Texas 75057.
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`2.
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`MTel is a wholly owned subsidiary of United Wireless Holdings Inc. (“United
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`Wireless”). In 2008, United Wireless, through another of its wholly owned subsidiaries,
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`Velocita Wireless LLC, purchased the SkyTel wireless network, including assets related to
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`SkyTel’s more than twenty-year history as a wireless data company. Velocita Wireless LLC,
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`continued to operate the SkyTel wireless data network after the acquisition. As a result of that
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`transaction, United Wireless gained ownership and control over the intellectual property
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`portfolio,
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`including patents,
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`that
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`several SkyTel-related entities,
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`including Mobile
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`Telecommunication Technologies Corp. (“MTel Corp.”), Destineer Corp., and SkyTel
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`Communications, developed over the years. United Wireless subsequently assigned certain
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`patent assets, including the Patents-in-Suit, together with all rights of recovery related to those
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`patent assets, to its wholly owned subsidiary, MTel, which is the plaintiff here.
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`3.
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`In a widely publicized November, 2014 jury trial in this District, MTel was
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`awarded favorable infringement and validity verdicts against Apple, Inc. on the ’403, ’210, and
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`’891 Patents.
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`4.
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`MTel alleges, upon information and belief, that Bright House Networks, LLC is a
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`limited liability company existing under the laws of Delaware, with a principal place of business
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`at 5823 Widewaters Parkway, East Syracuse, New York 13057.
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`5.
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`MTel alleges, upon information and belief, that Bright House Networks, LLC
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`may be served with process by serving Corporation Service Company, 2711 Centerville Road,
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`Suite 400, Wilmington, Delaware 19808.
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`6.
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`MTel alleges that BHN made, used, sold, and offered to sell, infringing wireless
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`equipment and services, during the terms of the ’403 Patent, the ’210 Patent, and the ’891 Patent
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`(the “Relevant Period,”) within the United States and within this judicial district, the Eastern
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`District of Texas (“this District”).
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`7.
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`MTel alleges that BHN operated Wi-Fi networks within its customers’ premises
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`and at thousands of hotspots during the Relevant Period.
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`8.
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`During the Relevant Period, BHN provided its customers with customer-premises
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`equipment, such as cable modems, wireless routers, and modem/wireless router gateways, which
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`supported IEEE 802.11 a, g, n or ac standards (“Wi-Fi Enabled CPE.”)
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`9.
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`MTel alleges that examples of Wi-Fi Enabled CPE that BHN provided to its
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`customers include models made by ARRIS, Motorola, Cisco, Toshiba, SMC, Ubee, Netgear, and
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`Thomson (now Technicolor).
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`10.
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`BHN leased for a monthly fee (or bundled into its monthly charge for Internet
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`service) Wi-Fi Enabled CPE to customers.
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`11.
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`BHN’s specially trained technicians set up Wi-Fi Enabled CPE, created the
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`network, and enabled the best settings for Wi-Fi Enabled CPE leased by customers. BHN also
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`provided full support for Wi-Fi Enabled CPE leased by customers 24 hours a day, 7 days a week.
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`12. MTel alleges that BHN directed its customers who wished to purchase, as
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`opposed to lease, Wi-Fi Enabled CPE to a list of Wi-Fi Enabled CPE that it authorized for use on
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`its systems.
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`13.
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`BHN controlled the features and functionality of Wi-Fi Enabled CPE used in the
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`delivery of its high speed data service, regardless as to whether such Wi-Fi Enabled CPE was
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`purchased or leased by the customer.
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`14.
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`BHN controlled the features and functionality of Wi-Fi Enabled CPE used in the
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`delivery of its high speed data service by, for instance, causing software (e.g. firmware or
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`updates) to be downloaded to Wi-Fi Enabled CPE and otherwise making configuration changes
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`to Wi-Fi Enabled CPE.
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`15.
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`During the Relevant Period, BHN provisioned and used Wi-Fi Enabled CPE in
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`order to distribute to its customers its high speed data service, which it sold to customers.
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`16.
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`BHN sold to its customers wireless Internet service, including a service referred
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`to as Bright House Home Networking, which enabled its customers to enjoy BHN’s wireless
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`Internet access for all the Wi-Fi enabled devices in their homes.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`17.
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`BHN used Wi-Fi Enabled CPE in order to provide home security and automation
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`service (e.g. Bright House Home Security), which required its customers to subscribe to BHN
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`high speed data service.
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`18. MTel alleges that BHN’s used wireless access points that supported IEEE 802.11
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`a, g, n or ac standards (“Wi-Fi Enabled Access Points”) in the operation of its public Wi-Fi
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`service, such as BHN WiFi Hotspots.
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`19.
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`On information and belief, BHN was party to an agreement among Bright House
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`Networks, Cablevision, Comcast, and Cox Communications that allowed each other's high-speed
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`Internet customers to access hotspots with the wireless network name “CableWiFi.” See
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`www.cablewifi.com.
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`20.
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`BHN used its Wi-Fi Enabled Access Points to extend Wi-Fi service using the
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`wireless network names: Bright House Networks, BHN Secure, and CableWiFi.
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`21. MTel alleges that BHN operated a public Wi-Fi service at tens of thousands of
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`locations, including those within this District.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:16-cv-00008-JRG-RSP Document 5 Filed 01/18/16 Page 5 of 18 PageID #: 170
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`http://brighthouse.com/shop/internet/wifi.html
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`22. MTel alleges, upon information and belief, that during the Relevant Period, BHN
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`used Wi-Fi Enabled Access Points to provide Wi-Fi service to customers within the range of
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`thousands of hotspots, including those in this District.
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`23.
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`BHN used Wi-Fi Enabled CPE and Wi-Fi Enabled Access Points in order to
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`provide its streaming TV service, known as BHTV, to customers’ wireless devices, such as
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`smartphones, SMART TVs, and gaming systems, on which BHN’s applications ran.
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`24.
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`BHN designed, delivered, tested, and installed both in its facilities and on its
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`customers’ networks, applications designed for Wi-Fi access networks, Wi-Fi Enabled CPE, and
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`Wi-Fi Enabled Access Points.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`25. MTel alleges that, during the Relevant Period, BHN made, used, sold, and offered
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`to sell, wireless equipment and services, including Bright House Home Networking, BHN WiFi,
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`Wi-Fi Enabled CPE, and Wi-Fi Enabled Access Points, which directly infringed the claims of the
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`’403 Patent, the ’210 Patent, and the ’891 Patent, within the United States and within this
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`District.
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`26. MTel alleges that BHN made, used, sold, and offered to sell, systems and
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`products that embodied the claimed methods of the Patents-in-Suit because, for instance, such
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`systems and products employed certain subcarrier frequency structures in the IEEE 802.11
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`orthogonal frequency-division multiplexing (“OFDM”) scheme or techniques consistent with the
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`MIMO aspects of IEEE 802.11 n or ac standards (e.g., as described in “Wi-Fi CERTIFIED n:
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`Longer-Range, Faster-Throughput, Multimedia-Grade Wi-Fi Networks” at 5-6, available at
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`http://www.wi-fi.org/file/wi-fi-certified-n-longer-range-faster-throughput-multimedia-grade-wi-
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`fi-networks-2009):
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`A MIMO system has some number of transmitters (N) and receivers (M) ...
`Signals from each of the N transmitters can reach each of the M receivers via a
`different path in the channel. A MIMO device with multiple antennas is capable
`of sending multiple spatial streams – spatially distinct data streams within the
`same channel. A MIMO device with multiple antennas is capable of receiving
`multiple spatial streams. Multipath helps decorrelate the received signals
`enabling transmission of multiple data streams through the same MIMO channel –
`a technique called spatial multiplexing. MIMO can multiply data rate through a
`technique called spatial multiplexing - dividing a data stream into several
`branches and sending it as multiple parallel data streams simultaneously in the
`same channel.
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`MIMO can also be used to improve the robustness and range of 802.11n
`communications through a technique called spatial diversity. When the same data
`stream is transmitted across multiple spatial streams error rate can be reduced. An
`additional technique improving range and reliability called Space Time Block
`Coding (STBC) is also incorporated into Wi-Fi CERTIFIED n.
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`A copy of this document is attached as Exhibit D
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`27.
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`In addition to its allegations concerning Wi-Fi networks, MTel alleges, on
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`information and belief, that BHN, in order to provide wireless backhaul services, operated
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`microwave networks, which infringed the ’403, ’210, and ’891 Patents because, for instance,
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`such networks employed certain subcarrier frequency structures and MIMO techniques (“MIMO
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`Microwave Equipment.”)
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`28.
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`BHN voluntarily and purposely placed these and other products and services into
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`the stream of commerce with the expectation that they would be offered for sale and sold in
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`Texas and in this District.
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`JURISDICTION AND VENUE
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`29.
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`This is an action for patent infringement under the patent laws of the United
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`States of America, 35 U.S.C. § 1 et seq. This Court has subject matter jurisdiction over the
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`matters pleaded in this complaint under 28 U.S.C. §§ 1331 and 1338(a). Venue is proper under
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`28 U.S.C. §§ 1391 and 1400(b).
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`30.
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`This Court has personal jurisdiction over the Defendants under the law of the
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`State of Texas, including the Texas long-arm statute, Tex. Civ. Prac. & Rem. Code § 17.042.
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`31.
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`As detailed in paragraphs above, BHN regularly and deliberately engaged in
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`activities that resulted in the making, using, selling, offering for sale, or importing of infringing
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`products or processes in the State of Texas and in this judicial district, where, upon information
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`and belief, BHN operated Wi-Fi networks for customers in Tyler, Texas and Beaumont, Texas.
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`These activities violated the United States patent rights MTel has under the Asserted Patents. In
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`addition, this Court also has personal jurisdiction over BHN because BHN conducts business in
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`Texas and in this District.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`FIRST CLAIM FOR RELIEF
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`(Infringement of Claims 1, 10, 11 of United States Patent No. 5,590,403)
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`32. MTel incorporates by reference the preceding paragraphs of this Complaint as if
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`set forth here in full.
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`33.
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`The United States Patent and Trademark Office (“USPTO”) duly and lawfully
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`issued the ’403 Patent, entitled “Method and System for Efficiently Providing Two Way
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`Communication between a Central Network and Mobile Unit,” on December 31, 1996. MTel is
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`the assignee of all right, title, and interest in and to the ’403 Patent and possesses the exclusive
`
`right of recovery, including the exclusive right to recover for past infringement. Each and every
`
`claim of the ’403 Patent is valid and enforceable and each enjoys a statutory presumption of
`
`validity separate, apart, and in addition to the statutory presumption of validity enjoyed by every
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`other of its claims. 35 U.S.C. § 282. A true and correct copy of the ’403 Patent is attached as
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`Exhibit A.
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`34. MTel alleges that, during the Relevant Period, BHN directly infringed one or
`
`more claims of the ’403 Patent by making, using, selling, and offering to sell Wi-Fi Enabled
`
`CPE, Wi-Fi Enabled Access Points, MIMO Microwave Equipment, and associated services (e.g.
`
`BHN WiFi, Bright House Home Networking, and Bright House Home Security) and applications
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`relying on Wi-Fi networks (e.g. BHTV).
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`35. MTel alleges that BHN’s use of Wi-Fi Enabled CPE infringed one or more claims
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`of the ’403 Patent literally and/or under the doctrine of equivalents, by, among other things,
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`using MIMO functionality and dynamically reassigning transmitters due to changing conditions
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`within the network in order to allow roaming between wireless access points.
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`36.
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`BHN implemented through its Wi-Fi networks, services, and equipment the IEEE
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`802.11 standard versions n and ac, which employ MIMO technology in several variations to
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`significantly increase data rates and coverage relative to the previous versions of the standard.
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`The different MIMO configurations implemented by BHN provide facilities to dynamically
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`optimize system transmission for a desired level of robustness and diversity or capacity gain,
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`depending on signal-to-noise ratio (SNR) and channel conditions.
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`37.
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`The main relevant MIMO techniques that BHN used included (i) Spatial
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`Multiplexing (SM); (ii) Space Time Block Coding (STBC); (iii) Spatial Expansion (SE); (iv)
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`Beam Forming (BF); and (v) HT Duplicate mode (MCS 32).
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`38. MTel alleges that BHN’s use and operation of Wi-Fi Enabled CPE, through
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`which BHN distributed its high speed data service to customers, directly infringed the ’403
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`Patent, at least because such equipment employed MIMO techniques described above.
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`39. MTel alleges that Wi-Fi Enabled CPE listed in attached Exhibit E, and BHN’s use
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`thereof, directly infringed the ’403 Patent at least because such equipment embodied the asserted
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`method claims of the ’403 Patent. This list is non-limiting and will be supplemented after
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`appropriate discovery.
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`40. MTel alleges that BHN infringed the ’403 Patent each time it leased for a monthly
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`fee Wi-Fi Enabled CPE to its high speed data service customers in order to wirelessly distribute
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`the service throughout their homes or businesses.
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`41. MTel alleges that BHN directly infringed the ’403 Patent when its field service
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`technicians installed and tested Wi-Fi Enabled CPE.
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`42. MTel alleges that BHN directly infringed the ’403 Patent when, for example, its
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`technicians tested the maximum throughput that such Wi-Fi Enabled CPE achieved through, for
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`example, causing a speed test to occur over a wireless data connection extending from an IEEE
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`802.11 n or ac device (e.g. a computer, tablet, television, media streaming device, or
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`smartphone) through Wi-Fi Enabled CPE to BHN’s speed test server.
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`43. MTel alleges that BHN directly infringed the ’403 Patent by BHN’s use and
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`operation of Wi-Fi Enabled Access Points, through which, during the Relevant Period, BHN
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`distributed high speed data service (e.g. BHN WiFi) to customers in locations, such as parks and
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`shopping centers, at least because Wi-Fi Enabled Access Points employed MIMO techniques
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`described above.
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`44. MTel alleges that BHN directly infringed the ’403 Patent when its field service
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`technicians installed and tested transmissions from Wi-Fi Enabled Access Points.
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`45. MTel alleges that BHN directly infringed the ’403 Patent when Wi-Fi service was
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`used by customers through Wi-Fi Enabled Access Points that provided service under the wireless
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`network name “CableWiFi” because, even if the operator of any such Wi-Fi Enabled Access
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`Point was not itself BHN, upon information and belief, such operator was directed and controlled
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`by BHN, pursuant to the collaboration agreement among Bright House Networks, Cablevision,
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`Comcast, Cox Communications, and Time Warner Cable so that such operator’s use of Wi-Fi
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`Enabled Access Points was attributable to BHN.
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`46. MTel alleges that BHN’s use of microwave networks during the Relevant Period
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`directly infringed the ’403 Patent at least because such microwave networks employed MIMO
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`techniques that are consistent with the MIMO techniques described above.
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`47.
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`As a result of BHN’s unlawful infringement of the ’403 Patent, MTel has suffered
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`damage. MTel is entitled to recover from BHN damages adequate to compensate for such
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`infringement.
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`SECOND CLAIM FOR RELIEF
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`(Infringement of Claims 1, 2, 3, 4 and 5 of United States Patent No. 5,659,891)
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`48. MTel incorporates by reference the preceding paragraphs of this Complaint as if
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`set forth here in full.
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`49.
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`The USPTO duly and lawfully issued the ’891 Patent, entitled “Multicarrier
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`Techniques in Bandlimited Channels,” on August 19, 1997. MTel is the assignee of all right,
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`title, and interest in and to the ’891 Patent and possesses the exclusive right of recovery,
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`including the exclusive right to recover for past, present, and future infringement. Each and
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`every claim of the ’891 Patent is valid and enforceable and each enjoys a statutory presumption
`
`of validity separate, apart, and in addition to the statutory presumption of validity enjoyed by
`
`every other of its claims. 35 U.S.C. § 282. A true and correct copy of the ’891 Patent is attached
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`as Exhibit B.
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`50. MTel alleges that, during the Relevant Period, BHN directly infringed one or
`
`more claims of the ’891 Patent by making, using, selling, and offering to sell Wi-Fi Enabled
`
`CPE, Wi-Fi Enabled Access Points, MIMO Microwave Equipment, and associated services (e.g.
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`BHN WiFi, Bright House Home Networking, and Bright House Home Security) and applications
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`(e.g. BHTV) relying on Wi-Fi networks.
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`51. MTel alleges, upon information and belief, that BHN’s Wi-Fi networks and
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`equipment directly infringed one or more claims of the ’891 Patent literally and/or under the
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`doctrine of equivalents, by among other things, using certain subcarrier frequency structures of
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`the IEEE 802.11 orthogonal frequency-division multiplexing (“OFDM”) scheme.
`
`52.
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`OFDM systems contain individual subcarriers that are orthogonally spaced apart
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`in the frequency domain such that they do not interfere with each other as shown in the figure
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`below. To illustrate this concept, the power spectrum for four modulated subcarriers is shown in
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`the below figure, with solid, dotted, dash-dotted, and dashed lines, respectively. It can be seen
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`that, at the center frequency of each subcarrier, the power spectra of the other subcarriers have
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`nulls in the spectrum and thus do not produce interference.
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`
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`53. MTel alleges, for example, that BHN directly infringed claims of the ’891 Patent
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`in regards to the 802.11 systems that its Wi-Fi Enabled CPE and Wi-Fi Enabled Access Points
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`implemented. For instance, when such equipment was using the 20 MHz channel bandwidth
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`option, 64 subcarriers could fit into the available bandwidth of 20 MHz because 20 MHz = 64 x
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`312.5 kHz. In the 802.11 systems of interest, the orthogonal subcarrier spacing (ΔF) is 312.5
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`kHz. However, because of spectral band limitations, several subcarriers on each side of the
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`band are not employed to minimize interference to adjacent channels and meet the transmit
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`spectrum mask imposed by regulatory requirements. Since in the 20 MHz channel there are 10
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`MHz on both sides of the center frequency, the frequency separation from the outermost used
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`subcarrier to the band edge is 1,250 kHz which corresponds to 4x ΔF, i.e. four times the inter-
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`subcarrier frequency separation. Thus, by avoiding transmission on the outermost subcarriers, a
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`guard-band is created that allows meeting the frequency mask restriction and enables the power
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`spectral density to drop from 0 dBr at 9 MHz from the center frequency to -20 dBr at 11 MHz
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`from the center frequency. Beyond 11 MHz, we have active subcarriers on the adjacent 20 MHz
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`channel and this guard band arrangement provides reduced levels into adjacent channels. When
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`operating using a 20 MHz channel for example, each subcarrier is spaced 0.3125 MHz apart.
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`Using 52 subcarriers at a frequency spacing of 0.3125 MHz occupies 16.25 MHz for data
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`transmission. The remaining 3.75 MHz of the 20 MHz channel is used as a guard on the upper
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`and lower edge of the band—1.875 MHz at each edge. Therefore, the claimed frequency
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`difference between the center frequency of the outer most subcarrier and the band edge (here,
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`1.875 MHz) is more than half the frequency difference between the center frequencies of each
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`adjacent subcarrier (here, 0.3125 MHz / 2 or 0.15625 MHz).
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`54. MTel alleges that BHN’s use and operation of Wi-Fi Enabled CPE, through
`
`which BHN distributed its high speed data service (e.g. Bright House Home Networking) to
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`customers, directly infringed the ’891 Patent, at least because such Wi-Fi Enabled CPE operated
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`according to the IEEE 802.11 OFDM scheme.
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`55. MTel alleges that BHN directly infringed the ’891 Patent when its field service
`
`technicians installed and tested Wi-Fi Enabled CPE. MTel alleges that BHN directly infringed
`
`the ’891 Patent when, for example, its technicians tested the maximum throughput that such Wi-
`
`Fi Enabled CPE achieved.
`
`56. MTel alleges that BHN infringed the ’891 Patent each time it leased for a monthly
`
`fee Wi-Fi Enabled CPE to its high speed data service customers in order to wirelessly distribute
`
`the service throughout their homes or businesses.
`
`57. MTel alleges that BHN directly infringed the ’891 Patent by BHN’s use and
`
`operation of Wi-Fi Enabled Access Points, through which BHN distributed high speed data
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:16-cv-00008-JRG-RSP Document 5 Filed 01/18/16 Page 14 of 18 PageID #: 179
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`service (e.g. BHN WiFi), to customers in locations, such as parks and shopping centers, at least
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`because Wi-Fi Enabled Access Points operated according to the IEEE 802.11 OFDM scheme.
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`58. MTel alleges that BHN directly infringed the ’891 Patent when its field service
`
`technicians installed and tested Wi-Fi Enabled Access Points.
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`59. MTel alleges that BHN directly infringed the ’891 Patent when Wi-Fi service was
`
`used by customers through Wi-Fi Enabled Access Points that provided service under the wireless
`
`network name “CableWiFi” because, even if the operator of any such Wi-Fi Enabled Access
`
`Point was not itself BHN, upon information and belief, such operator was directed and controlled
`
`by BHN, pursuant to the collaboration agreement among Bright House Networks, Cablevision,
`
`Comcast, Cox Communications, and Time Warner Cable, so that such operator’s use of Wi-Fi
`
`Enabled Access Points was attributable to BHN.
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`60. MTel alleges that BHN’s use of microwave networks directly infringed the ’891
`
`Patent at least because such microwave networks implemented channel structuring consistent
`
`with the description above.
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`61.
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`As a result of BHN’s unlawful infringement of the ’891 Patent, MTel has suffered
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`damage. MTel is entitled to recover damages from BHN adequate to compensate for such
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`infringement.
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`(Infringement of Claims 1, 7, 8, 10, 15, 16, 17, and 19 of United States Patent No. 5,915,210)
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`THIRD CLAIM FOR RELIEF
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`62. MTel incorporates by reference the preceding paragraphs of this Complaint as if
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`set forth here in full.
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`63.
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`The USPTO duly and lawfully issued the ’210 Patent entitled, “Method and
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`System for Providing Multicarrier Simulcast Transmission,” on June 22, 1999. MTel is the
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`assignee of all right, title, and interest in and to the ’210 Patent and possesses the exclusive right
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:16-cv-00008-JRG-RSP Document 5 Filed 01/18/16 Page 15 of 18 PageID #: 180
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`of recovery, including the exclusive right to recover for past, present, and future infringement.
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`Each and every claim of the ’210 Patent is valid and enforceable and each enjoys a statutory
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`presumption of validity separate, apart, and in addition to the statutory presumption of validity
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`enjoyed by every other of its claims. 35 U.S.C. § 282. A true and correct copy of the ’210
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`Patent is attached as Exhibit C.
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`64. MTel alleges that, during the Relevant Period, BHN directly infringed one or
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`more claims of the ’210 Patent by making, using, selling, and offering to sell Wi-Fi Enabled
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`CPE, Wi-Fi Enabled Access Points, MIMO Microwave Equipment, and associated services (e.g.
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`BHN WiFi, Bright House Home Networking, and Bright House Home Security) and applications
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`relying on Wi-Fi networks (e.g. BHTV).
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`65. MTel alleges that BHN’s use of Wi-Fi Enabled CPE, through which BHN
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`distributed its high speed data service to customers, infringed one or more claims of the ’210
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`Patent literally and/or under the doctrine of equivalents by, among other things, employing
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`MIMO functionality and certain multi-carrier frequency structures, such as OFDM, as described
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`above.
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`66. MTel alleges that Wi-Fi Enabled CPE listed in attached Exhibit E, and BHN’s use
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`thereof, directly infringes the ’210 Patent at least because such equipment embodies the asserted
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`method claims of the ’210 Patent. This list is non-limiting and will be supplemented after
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`appropriate discovery.
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`67. MTel alleges that BHN infringed the ’210 Patent each time it leased for a monthly
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`fee Wi-Fi Enabled CPE to its high speed data service customers in order to wirelessly distribute
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`the service throughout their homes or businesses.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`68. MTel alleges that BHN directly infringed the ’210 Patent when, for example, its
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`technicians tested the maximum throughput that such Wi-Fi Enabled CPE achieved through, for
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`example, causing a speed test to occur over a wireless data connection extending from an IEEE
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`802.11 n or ac device (e.g. a computer, tablet, television, media streaming device, or
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`smartphone) through Wi-Fi Enabled CPE to BHN’s speed test server.
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`69. MTel alleges that BHN directly infringed the ’210 Patent by BHN’s use and
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`operation of Wi-Fi Enabled Access Points, through which BHN distributed high speed data
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`service (e.g. BHN WiFi) to customers in locations, such as parks and shopping centers, at least
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`because Wi-Fi Enabled Access Points employed MIMO functionality and operated according to
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`the IEEE 802.11 OFDM scheme as further described above.
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`70. MTel alleges that BHN directly infringed the ’210 Patent when its field service
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`technicians installed and tested Wi-Fi Enabled Access Points.
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`71. MTel alleges that BHN directly infringed the ’210 Patent when Wi-Fi service was
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`used by customers through Wi-Fi Enabled Access Points that provided service under the wireless
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`network name “CableWiFi” because, even if the operator of any such Wi-Fi Enabled Access
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`Point was not itself BHN, upon information and belief, such operator was directed and controlled
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`by BHN, pursuant to the collaboration agreement among Bright House Networks, Cablevision,
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`Comcast, Cox Communications, and Time Warner Cable so that such operator’s use of Wi-Fi
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`Enabled Access Points was attributable to BHN.
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`72. MTel alleges that BHN’s use of microwave networks directly infringed the ’210
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`Patent at least because such microwave networks employed MIMO techniques and an OFDM
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`scheme consistent with the above descriptions.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:16-cv-00008-JRG-RSP Document 5 Filed 01/18/16 Page 17 of 18 PageID #: 182
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`73.
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`As a result of BHN’s unlawful infringement of the ’210 Patent, MTel has suffered
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`damage. MTel is entitled to recover damages from BHN adequate to compensate for such
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`infringement.
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`WHEREFORE, Plaintiff MTel prays for entry of judgment against BHN as follows:
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`PRAYER FOR RELIEF
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`A.
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`B.
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`That BHN directly infringed each of the Asserted Patents under 35 U.S.C. § 271(a);
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`That BHN provide to MTel an accounting of all gains, profits, savings, and advantages
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`derived by BHN’s direct infringement of the Asserted Patents, and that MTel be awarded
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`damages adequate to compensate for the wrongful infringement by BHN, in accordance
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`with 35 U.S.C. § 284;
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`C.
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`That this case be declared an exceptional one in favor of MTel under 35 U.S.C. § 285,
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`and that MTel be awarded its reasonable attorneys’ fees and all other costs and expenses
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`incurred in connection with this civil action in accordance with 35 U.S.C. § 285 and Rule
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`54(d) of the Federal Rules of Civil Procedure;
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`D.
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`That MTel receive all other or further relief as this Court may deem just or proper.
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`DEMAND FOR JURY TRIAL
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`In accordance with Federal Rule of Civil Procedure 38(b), MTel hereby demands a trial
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`by jury on all issues triable to a jury.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:16-cv-00008-JRG-RSP Document 5 Filed 01/18/16 Page 18 of 18 PageID #: 183
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`Dated: January 18, 2016
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`Respectfully Submitted,
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`
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`/s/ Daniel Scardino
`Daniel Scardino
`Texas State Bar No. 24033165
`Henning Schmidt
`Texas State Bar No. 24060569
`Drew Zerdecki
`Texas State Bar No. 24051562
`REED & SCARDINO LLP
`301 Congress Avenue, Suite 1250
`Austin, TX 78701
`Tel.: (512) 474-2449
`Fax: (512) 474-2622
`dscardino@reedscardino.com
`hschmidt@reedscardino.com
`dzerdecki@reedscardino.com
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`ATTORNEYS FOR PLAINTIFF
`MOBILE TELECOMMUNICATIONS
`TECHNOLOGIES, LLC
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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