Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 1 of 50 PageID #: 131
`
`
`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`Case No. 2:21-cv-00186-JRG
`§
`
`§
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`Defendants.
`
`
`
`
`
`Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) for its First Amended
`
`Complaint against Defendants Samsung Electronics Co., Ltd. (“Samsung Electronics”) and
`
`Samsung Electronics America, Inc. (“Samsung Electronics America”) (collectively “Samsung” or
`
`“Defendants”) alleges as follows:
`
`THE PARTIES
`
`1.
`
`Jawbone is a limited liability company organized and existing under the laws of the
`
`State of Texas, with places of business located at 100 West Houston Street, Marshall, Texas 75670
`
`and 104 East Houston Street, Suite 165, Marshall, Texas 75670.
`
`2.
`
`Defendant Samsung Electronics is a corporation organized and existing under the
`
`laws of the Republic of Korea, with its principal place of business at 129 Samsung-Ro, Yeongtong-
`
`Gu, Suwon-Si, Gyeonggi-Do, 443-742, Republic of Korea. Upon information and belief, Samsung
`
`Electronics does business in Texas, directly or through intermediaries, and offers its products
`
`and/or services, including those accused herein of infringement, to customers and potential
`
`customers located in Texas, including in the Judicial District of the Eastern District of Texas.
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 2 of 50 PageID #: 132
`
`3.
`
`Defendant Samsung Electronics America is a corporation organized under the laws
`
`of New York, with its principal place of business at 85 Challenger Road, Ridgefield Park, New
`
`Jersey 07660. Upon information and belief, Samsung Electronics America has corporate offices
`
`in the Eastern District of Texas at 1303 East Lookout Drive, Richardson, Texas 75082 and 2800
`
`Technology Drive, Suite 200, Plano, Texas 75074. Samsung Electronics America has publicly
`
`indicated that, in early 2019, it would be centralizing multiple offices in a new location in the
`
`Eastern District of Texas at the Legacy Central office campus,1 located at 6225 Declaration Drive,
`
`Plano, Texas 75023. Samsung Electronics America may be served with process through its
`
`registered agent CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136.
`
`4.
`
`Defendants have authorized sellers and sales representatives that offer and sell
`
`products pertinent to this Amended Complaint through the State of Texas, including in this Judicial
`
`District, and to consumers throughout this Judicial District, such as: Best Buy, 422 West TX-281
`
`Loop, Suite 100, Longview, Texas 75605; AT&T Store, 1712 East Grand Avenue, Marshall, Texas
`
`75670; Sprint Store, 1806 East End Boulevard North, Suite 100, Marshall, Texas 75670; T-Mobile,
`
`900 East End Boulevard North, Suite 100, Marshall, Texas 75670; Verizon authorized retailers,
`
`including Russell Cellular, 1111 East Grand Avenue, Marshall, Texas 75670; Victra, 1006 East
`
`End Boulevard, Marshall, Texas 75670; and Cricket Wireless authorized retailer, 120 East End
`
`Boulevard South, Marshall, Texas 75670.
`
`
`1 https://news.samsung.com/us/samsung-electronics-america-open-flagship-north-texas-campus/,
`last accessed Apr. 29, 2019.
`
`2 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 3 of 50 PageID #: 133
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action for patent infringement arising under the patent laws of the United
`
`States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action pursuant
`
`to 28 U.S.C. §§ 1331, 1332, 1338, and 1367.
`
`6.
`
`This Court has specific and personal jurisdiction over each of the Defendants
`
`consistent with the requirements of the Due Process Clause of the United States Constitution and
`
`the Texas Long Arm Statute. Upon information and belief, each Defendant has sufficient
`
`minimum contacts with the forum because each Defendant transacts substantial business in the
`
`State of Texas and in this Judicial District. Further, each Defendant has, directly or through
`
`subsidiaries or intermediaries, committed and continues to commit acts of patent infringement in
`
`the State of Texas and in this Judicial District as alleged in this Amended Complaint, as alleged
`
`more particularly below.
`
`7.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1400(b) and
`
`1391(b) and (c) because each Defendant is subject to personal jurisdiction in this Judicial District,
`
`has committed acts of patent infringement in this Judicial District, and has a regular and established
`
`place of business in this Judicial District. Each Defendant, through its own acts and/or through
`
`the acts of each other Defendant, makes, uses, sells, and/or offers to sell infringing products within
`
`this Judicial District, regularly does and solicits business in this Judicial District, and has the
`
`requisite minimum contacts with the Judicial District such that this venue is a fair and reasonable
`
`one. Further, venue is proper in this Judicial District because Samsung Electronics is a foreign
`
`corporation formed under the laws of Korea with a principal place of business in Korea. Further,
`
`upon information and belief, the Defendants have admitted or not contested proper venue in this
`
`Judicial District in other patent infringement actions.
`
`3 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 4 of 50 PageID #: 134
`
`FACTUAL BACKGROUND
`
`8.
`
`On September 13, 2011, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,019,091 (the “’091 Patent”) entitled “Voice Activity Detector
`
`(VAD)-Based Multiple-Microphone Acoustic Noise Suppression.” A true and correct copy of the
`
`’091 Patent is attached hereto as Exhibit A.
`
`9.
`
`On October 2, 2012, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,280,072 (the “’072 Patent”) entitled “Microphone Array with Rear
`
`Venting.” A true and correct copy of the ’072 Patent is attached hereto as Exhibit B.
`
`10.
`
`On July 17, 2007 the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 7,246,058 (the “’058 Patent”) entitled “Detecting Voiced and Unvoiced
`
`Speech Using Both Acoustic and Nonacoustic Sensors.” A true and correct copy of the ’058 Patent
`
`is attached hereto as Exhibit C.
`
`11.
`
`On September 15, 2020 the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 10,779,080 (the “’080 Patent”) entitled “Dual Omnidirectional
`
`Microphone Array.” A true and correct copy of the ’080 Patent is attached hereto as Exhibit D.
`
`12.
`
`On September 14, 2021 the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 11,122,357 (the “’357 Patent”) entitled “Forming Virtual
`
`Microphone Arrays Using Dual Omnidirectional Microphone Array (DOMA).” A true and correct
`
`copy of the ’357 Patent is attached hereto as Exhibit E.
`
`13.
`
`On Jun 18, 2013 the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,467,543 (the “’543 Patent”) entitled “Microphone and Voice Activity
`
`Detection (VAD) Configurations For Use with Communications Systems.” A true and correct copy
`
`of the ’543 Patent is attached hereto as Exhibit F.
`
`4 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 5 of 50 PageID #: 135
`
`14.
`
`On August 6, 2013 the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,503,691 (the “’691 Patent”) entitled “Virtual Microphone Arrays Using
`
`Dual Omnidirectional Microphone Array (DOMA).” A true and correct copy of the ’691 Patent is
`
`attached hereto as Exhibit G.
`
`15.
`
`Jawbone is the sole and exclusive owner of all right, title, and interest to and in the
`
`’091 Patent,’072 Patent, ’058 Patent, ’080 Patent, ’357 Patent, ’543 Patent, and ’691 Patent
`
`(together, the “Patents-in-Suit”), and holds the exclusive right to take all actions necessary to
`
`enforce its rights to the Patents-in-Suit, including the filing of this patent infringement lawsuit.
`
`Jawbone also has the right to recover all damages for past, present, and future infringement of the
`
`Patents-in-Suit and to seek injunctive relief as appropriate under the law.
`
`16.
`
`The technology of the Patents-in-Suit was developed by Jawbone, Inc, which was
`
`originally founded in 1998 as AliphCom, Inc. (“AliphCom”). AliphCom set out to develop a noise
`
`reducing headset that would allow soldiers to communicate better in combat conditions. In 2002,
`
`AliphCom won a contract with the Defense Advanced Research Projects Agency to research noise
`
`suppression techniques for the United States military.
`
`17.
`
`AliphCom launched a mobile headset called the “Jawbone” in 2004. The
`
`“Jawbone” included the innovative noise-suppression technology that AliphCom developed for
`
`the military.2 This technology virtually eliminated background noise while increasing the volume
`
`of the speakers’ voices. AliphCom followed with a Bluetooth version of the “Jawbone” in 2008
`
`which was sold in the Apple Store.
`
`18.
`
`On the heels of the success of the “Jawbone” products, AliphCom changed its name
`
`to Jawbone, Inc. in 2011 and later expanded its product offerings into Bluetooth speakers and
`
`
`2See https://www.wired.com/2004/09/military-headset-reaches-masses/
`
`5 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 6 of 50 PageID #: 136
`
`wearables, such as health tracking devices. Unfortunately, due to the intensely competitive
`
`marketplace, Jawbone, Inc. was forced into liquidation in 2017.
`
`19.
`
`Following Jawbone, Inc.’s liquidation “[a] host of technology companies including
`
`Apple, Samsung, Google, LG and Fitbit [were] identified as potential buyers of Jawbone’s US
`
`Patents.”3 Upon information and belief, Envision IP (and other parties) contacted Samsung
`
`regarding the value of the Patents-in-Suit, including regarding Samsung’s infringement of the
`
`Patents-in-Suit. Upon information and belief, Samsung was notified that Samsung ear buds, smart
`
`phones, tablets, wearables, smart home devices, and smart televisions (the “Accused Products”)
`
`infringe the Patents-in-Suit, and/or otherwise became aware of the Patents-in-Suit and recognized
`
`that the Accused Products infringe the Patents-in-Suit at least as of 2017.
`
`INFRINGEMENT ALLEGATIONS
`
`20.
`
`The ’091 and ’058 Patents generally describes acoustic noise suppression with a
`
`voice activity detector that senses vibration in human tissue associated with voicing activity. The
`
`technology of the ’091 Patent was developed by Dr. Gregory C. Burnett and Eric F. Breitfeller.
`
`The technology of the ’058 Patent was developed by Dr. Gregory C. Burnett. The ’091 and ’058
`
`Patents also describe techniques for generating transfer functions and cross correlations
`
`representative of acoustic signals when voicing activity is absent, providing improved noise
`
`suppression. Some embodiments of the inventions include a microphone array with one
`
`microphone which primarily captures sound (e.g., speech), and one which primarily captures
`
`unwanted noise, both of which provide signals to a noise removal algorithm.  
`
`
`3See https://www.worldipreview.com/news/apple-google-and-fitbit-touted-to-acquire-jawbone-
`patents-14322; https://www.glpi.com.br/en/apple-google-and-fitbit-touted-to-acquire-jawbone-
`patents/; see also http://patentvue.com/2017/07/11/jawbone-patents-could-be-leveraged-by-a-
`competitor/
`
`6 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 7 of 50 PageID #: 137
`
`21.
`
`The noise removal algorithm may also receive physiological information from a
`
`voice activity detector (e.g., an accelerometer) to detect when a user is speaking. Such a voice
`
`activity detection signal may be assumed to be perfectly accurate, yielding substantial
`
`improvements when applied to the noise removal algorithm. For example, the noise removal
`
`algorithm may remove noise by calculating one transfer function when the system is certain that
`
`only noise is being received, and another transfer function when the system is certain that speech
`
`is being produced. The noise removal algorithm may further improve noise suppression in
`
`situations with multiple noise sources by combining such transfer functions into additional transfer
`
`functions representative of a ratio of energies received at different microphones. By taking
`
`advantage of perfect voice activity detection and transfer functions representative of a ratio of
`
`energies received at different microphones, the noise removal algorithm may effectively remove
`
`noise from a signal no matter how many noise sources are present. The invention thereby provides
`
`significant advantages for noise suppression systems, particularly in detecting, transmitting, or
`
`recording speech. 
`
`22.
`
`Samsung has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’091 and ’058
`
`Patents. For example, noise suppression techniques are incorporated into Samsung products with
`
`voice activity detection devices including, but not limited to, Samsung ear buds and smartphones.
`
`For example, this functionality is included and utilized in the Samsung Galaxy Buds Pro. The
`
`Galaxy Buds Pro includes an accelerometer, voice pickup unit, and an infrared sensor which, upon
`
`information and belief, comprise a voice activity detector.4 The Galaxy Buds Pro includes a “voice
`
`detect” unit which generates a signal when the wearer speaks to “instantly switch [] from [active
`
`
`4 https://www.androidauthority.com/samsung-galaxy-buds-live-1137500/
`
`7 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 8 of 50 PageID #: 138
`
`noise cancelling] to ambient sound.”5 The Galaxy Buds Pro further comprises a “mic array for
`
`superior beamforming performance” which, upon information and belief, generates transfer
`
`functions representative of a ratio of energy of the acoustic signals received at each microphone.6
`
`23.
`
`The ’072 Patent generally describes acoustic noise suppression with an array of
`
`physical microphones which forms an array of virtual microphones. The technology was
`
`developed by Dr. Gregory C. Burnett. The ’072 Patent also describes noise suppression with
`
`7
`
`
`5 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`6 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`7 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/#popNoiseFreeCall
`
`8 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 9 of 50 PageID #: 139
`
`physical omnidirectional microphones, and virtual directional microphones.
`
` In some
`
`embodiments of the invention, a greater number of physical microphones may be used to form a
`
`smaller number of virtual microphones, which are combined into an output signal with less
`
`acoustic noise than the received acoustic signals. The resulting virtual microphones may further
`
`be combined by applying transfer functions representative of a ratio of energies between physical
`
`microphones, outputting a signal with greatly reduced noise. The invention provides significant
`
`advantages for noise suppression systems, particularly in detecting, transmitting, or recording
`
`speech. 
`
`24.
`
`Samsung has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’072 Patent. For
`
`example, this functionality is included and utilized in Samsung products with omnidirectional
`
`physical MEMs microphones which form virtual beamformed microphones including, but not
`
`limited to, Samsung ear buds, smart phones, tablets, wearables, smart home devices, and smart
`
`televisions. For example, upon information and belief, the Samsung Galaxy Buds Pro earbuds
`
`comprise arrays of at least four physical microphones and two beamformed microphones, the
`
`outputs of which are combined to reduce the noise of a signal.8 Samsung states that “[t]he
`
`microphones use beamforming technology to pick up your voice—so you can confidently
`
`contribute in meetings without worrying about background noise.”9 Similarly, upon information
`
`and belief, the Samsung Galaxy S20 smartphone comprises arrays of at least three physical
`
`
`8 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`9 Id.
`
`9 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 10 of 50 PageID #: 140
`
`microphones and two beamformed microphones, the outputs of which are combined to reduce the
`
`noise of a signal.10
`
`11
`
`25.
`
`The ’080 Patent generally describes noise suppression with an array of
`
`omnidirectional microphones that form virtual microphones with a similar noise response and a
`
`dissimilar speech response. The technology of the ’080 Patent was developed by Dr. Gregory C.
`
`Burnett. The ’080 Patent also describes a dual omnidirectional microphone array that forms two
`
`distinct virtual microphones that can be paired with an adaptive filter and/or VAD algorithm to
`
`significantly reduce noise without distorting speech, thereby improving the signal-to-noise ratio of
`
`
`10 See https://www.samsung.com/au/support/mobile-devices/s20-device-layout-and-functions/;
`see also https://news.samsung.com/global/galaxy-s5-explained-audio;
`https://www.theverge.com/2019/8/7/20754566/samsung-galaxy-note-10-plus-2-size-price-
`release-date-s-pen-dex-laptop-unpacked-event
`11 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`
`10 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 11 of 50 PageID #: 141
`
`the desired speech. In some embodiments, output of each physical microphone can be delayed,
`
`multiplied by a gain, and summed with the other in order to form at least one virtual microphone,
`
`which may be paired with an adaptive filter and/or VAD algorithm to suppress noise. The
`
`invention of the ’080 Patent provides substantial advantages for noise suppression systems,
`
`particularly in detecting, transmitting, or recording speech.
`
`26.
`
`Samsung has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’080 Patent. For
`
`example, this functionality is included and utilized in Samsung products with omnidirectional
`
`physical MEMS microphones which form virtual beamformed microphones, including, but not
`
`limited to, Samsung ear buds, smart phones, tablets, wearables, and smart home devices. For
`
`example, upon information and belief, each Samsung Galaxy Buds Pro earbud comprises two
`
`physical omnidirectional microphones and a processing component coupled to the microphone
`
`array generating two beamformed virtual microphones. On information and belief, the processing
`
`component generates beamformed microphones with different first and second combinations of
`
`output signals from the physical microphone array, wherein the virtual microphones have a similar
`
`noise response and a dissimilar speech response.
`
`27.
`
`The ’357 and ’691 Patents generally describe acoustic noise suppression with an
`
`array of physical microphones which forms an array of virtual microphones. The technology was
`
`developed by Dr. Gregory C. Burnett. The ’357 and ’691 Patents also describe noise suppression
`
`with physical omnidirectional microphones and virtual directional microphones. The physical
`
`and/or virtual microphone signals may be combined by filtering and summing in the time domain
`
`to apply a varying linear transfer function, suppressing noise in the output signal. The invention
`
`11 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 12 of 50 PageID #: 142
`
`provides significant advantages for noise suppression systems, particularly in detecting,
`
`transmitting, or recording speech.
`
`28.
`
`Samsung has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’357 and ’691
`
`Patents. For example, this functionality is included and utilized in Samsung products with physical
`
`MEMS microphones which form virtual beamformed microphones including, but not limited to,
`
`Samsung ear buds, smart phones, tablets, wearables, and smart home devices. For example, upon
`
`information and belief, the Samsung Galaxy Buds Pro earbuds comprise arrays of physical
`
`microphones, the outputs of which are combined into beamformed microphones to reduce the
`
`noise of a signal. On information and belief, the Samsung Galaxy Buds Pro earbuds combine the
`
`outputs the signals generated by the beamforming microphone array of each earbud to further
`
`reduce noise. Similarly, the Samsung Galaxy S21 comprises an array of physical microphones,
`
`the outputs of which are, upon information and belief, combined into beamformed microphones to
`
`reduce the noise of a signal.
`
`
`12 https://www.samsung.com/au/support/mobile-devices/s21-device-layout-and-functions/
`
`12
`
`12 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 13 of 50 PageID #: 143
`
`29.
`
`The ’543 Patent generally describes communications systems comprising a voice
`
`detection subsystem and a denoising subsystem. The technology of the ’543 Patent was developed
`
`by Dr. Gregory C. Burnett, Nicholas Petit, Alexander M. Asseily, and Andrew E. Einaudi. The
`
`’543 Patent also describes microphone configurations wherein a first microphone is oriented
`
`toward a talker’s mouth, and a second microphone is oriented away from a talker’s mouth, such
`
`that the denoising subsystem may subtract noise associated with noise from an acoustic signal that
`
`includes speech and noise. In some embodiments of the invention, the denoising system selects a
`
`denoising method appropriate to data of at least one frequency subband of acoustic signals,
`
`generates noise waveform estimate, and subtracts the noise waveform estimate from signals
`
`including speech and noise when the voice detection subsystem indicates voicing activity is
`
`occurring. The invention provides significant advantages for noise suppression systems,
`
`particularly in detecting, transmitting, or recording speech.
`
`30.
`
`Samsung has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’543 Patent. For
`
`example, noise suppression techniques are incorporated into Samsung products with voice activity
`
`detection devices including, but not limited to, Samsung ear buds and smartphones. For example,
`
`this functionality is included and utilized in the Samsung Galaxy Buds Pro and the Samsung
`
`Galaxy S21. For example, upon information and belief, the Samsung Galaxy Buds Pro earbuds
`
`comprise arrays of at least four physical microphones and two beamformed microphones, the
`
`outputs of which are combined to reduce the noise of a signal.13 Samsung states that “[t]he
`
`microphones use beamforming technology to pick up your voice—so you can confidently
`
`
`13 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`
`13 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 14 of 50 PageID #: 144
`
`contribute in meetings without worrying about background noise.”14 At least one microphone of
`
`the Samsung Galaxy Buds Pro (e.g., the lower microphone) is oriented towards a user’s mouth,
`
`while at least one microphone is oriented away from a user’s mouth. Similarly, the Samsung
`
`Galaxy S21 comprises multiple beamforming microphones and an accelerometer which, upon
`
`information and belief, is utilized for speech detection. At least one microphone of the Samsung
`
`Galaxy S21 is oriented towards the user’s mouth, while at least one microphone is oriented away
`
`from the user’s mouth. On information and belief, the accelerometers of the Accused Products
`
`detect vibration in human tissue and work in tandem with beamforming microphones to suppress
`
`noise.
`
`15
`
`31.
`
`Samsung has infringed and is continuing to infringe the ’091 and ’072 Patents by
`
`making, using, selling, offering to sell, and/or importing, and by actively inducing others to make,
`
`use, sell, offer to sell, and/or importing, Accused Products that comprise and utilize infringing
`
`noise cancellation features. On information and belief, the Accused Products include, but are not
`
`14 Id.
`15 https://www.samsung.com/au/support/mobile-devices/s21-device-layout-and-functions/
`
`
`
`14 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 15 of 50 PageID #: 145
`
`limited to, at least all versions and variants of Samsung smartphones (e.g., Galaxy S, Galaxy Note,
`
`Galaxy Z, Galaxy A, Galaxy M series, and Galaxy Core series smartphones) and earbuds (e.g.,
`
`Gear and Galaxy series earbuds).
`
`32.
`
`Jawbone has at all times complied with the marking provisions of 35 U.S.C. § 287
`
`with respect to the Patents-in-Suit. On information and belief, prior assignees and licensees have
`
`also complied with the marking provisions of 35 U.S.C. § 287.
`
`COUNT I
`(Infringement of the ’091 Patent)
`
`33.
`
`34.
`
`Paragraphs 1 through 32 are incorporated by reference as if fully set forth herein.
`
`Jawbone has not licensed or otherwise authorized Samsung to make, use, offer for
`
`sale, sell, or import any products that embody the inventions of the ’091 Patent.
`
`35.
`
`Defendants have and continue to directly infringe the ’091 Patent, either literally or
`
`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, offering to sell, selling, and/or importing into the United States products that satisfy each
`
`and every limitation of one or more claims of the ’091 Patent. Upon information and belief, these
`
`products include at least the Accused Products, such as those which comprise a microphone array
`
`and a voice activity detector. The Accused Products include at least all versions and variants of
`
`Samsung smartphones (e.g., Galaxy S, Galaxy Note, Galaxy Z, Galaxy A, Galaxy M series, and
`
`Galaxy Core series smartphones) and earbuds (e.g., Gear and Galaxy series earbuds).
`
`36.
`
`For example, Defendants have and continue to directly infringe at least claim 11 of
`
`the ’091 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that comprise a system for removing acoustic noise from the acoustic signals, comprising:
`
`a receiver that receives at least two acoustic signals via at least two acoustic microphones
`
`positioned in a plurality of locations; at least one sensor that receives human tissue vibration
`
`15 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 16 of 50 PageID #: 146
`
`information associated with human voicing activity of a user; a processor coupled among the
`
`receiver and the at least one sensor that generates a plurality of transfer functions, wherein the
`
`plurality of transfer functions includes a first transfer function representative of a ratio of energy
`
`of acoustic signals received using at least two different acoustic microphones of the at least two
`
`acoustic microphones, wherein the first transfer function is generated in response to a
`
`determination that voicing activity is absent from the acoustic signals for a period of time, wherein
`
`the plurality of transfer functions includes a second transfer function representative of the acoustic
`
`signals, wherein the second transfer function is generated in response to a determination that
`
`voicing activity is present in the acoustic signals for the period of time, wherein acoustic noise is
`
`removed from the acoustic signals using the first transfer function and at least one combination of
`
`the first transfer function and the second transfer function to produce the denoised acoustic data
`
`stream.
`
`37.
`
`The Accused Products comprise a system for removing acoustic noise from
`
`acoustic signals. For example, the Samsung Galaxy Buds Pro receives acoustic signals from a
`
`microphone array and “use[s] beamforming technology to pick up your voice – so that you can
`
`contribute in meetings without worrying about background noise.”16
`
`38.
`
`The Accused Products further comprise a receiver that receives at least two acoustic
`
`signals via at least two acoustic microphones positioned in a plurality of locations. For example,
`
`upon information and belief, the Galaxy Buds Pro comprises a receiver that receives signals via a
`
`microphone array, with at least two microphones positioned in a plurality of locations.
`
`
`16 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/#popNoiseFreeCall
`
`16 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 17 of 50 PageID #: 147
`
`17
`
`39.
`
`The Accused Products further comprise at least one sensor that receives human
`
`tissue vibration information associated with human voicing activity of a user. For example, the
`
`Samsung Galaxy Buds Pro comprises an at least one accelerometer and IR sensor which, upon
`
`information and belief, receives human tissue vibration associated with voicing activity.18 Upon
`
`information and belief, the voice pickup unit of the Galaxy Buds Pro comprises the voice detecting
`
`accelerometer and/or IR sensor.
`
`40.
`
`The Accused Products further comprise a processor coupled among the receiver
`
`and the at least one sensor that generates a plurality of transfer functions, wherein the plurality of
`
`transfer functions includes a first transfer function representative of a ratio of energy of acoustic
`
`signals received using at least two different acoustic microphones of the at least two acoustic
`
`
`17 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`18 https://www.samsung.com/global/galaxy/galaxy-buds-pro/specs/
`
`17 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 18 of 50 PageID #: 148
`
`microphones. For example, the Galaxy Buds Pro comprises a BCM 43015 SoC which “is designed
`
`for audio applications.”19 Upon information and belief, the processor utilizes a microphone array
`
`to detect speech with a beamformed microphone which, upon information and belief, includes the
`
`generation of at least a plurality of transfer functions, including a first transfer function
`
`representative of a ratio of energy of acoustic signals received at different microphones in the
`
`microphone array.20
`
`41.
`
`The Accused Products further comprise a system wherein the first transfer function
`
`is generated in response to a determination that voicing activity is absent from the acoustic signals
`
`for a period of time. For example, upon information and belief, the Galaxy Buds Pro generates
`
`the first transfer function when a voice pickup unit, accelerometer, and/or IR sensor indicate that
`
`voicing activity is absent.
`
`42.
`
`The Accused Products further comprise a system wherein the plurality of transfer
`
`functions includes a second transfer function representative of the acoustic signals, wherein the
`
`second transfer function is generated in response to a determination that voicing activity is present
`
`in the acoustic signals for the period of time. For example, upon information and belief, the Galaxy
`
`Buds Pro generates a second transfer function in response to a determination that voicing activity
`
`is present, such as based on detection of human tissue vibrations by the voice pickup unit,
`
`accelerometer, and/or IR sensor. For example, “[v]oice detect instantly switches from [active
`
`noise cancellation] to ambient sound when it hears your voice.”21
`
`43.
`
`The Accused Products further comprise a system wherein acoustic noise is removed
`
`from the acoustic signals using the first transfer function and at least one combination of the first
`
`
`19 https://www.broadcom.com/products/wireless/bluetooth-socs/bcm43015
`20 https://www.samsung.com/us/mobile/audio/galaxy-buds-pro/
`21 Id.
`
`18 
`
`

`

`Case 2:21-cv-00186-JRG-RSP Document 21 Filed 10/26/21 Page 19 of 50 PageID #: 149
`
`transfer function and the second transfer function to produce the denoised acoustic data stream.
`
`For example, upon information and belief, the Galaxy Buds Pro removes noise from acoustic
`
`signals by applying at least a first transfer function generated when voicing activity is absent, and
`
`a transfer func