Case 2:21-cv-00446-JRG Document 42 Filed 05/02/22 Page 1 of 32 PageID #: 360
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`Plaintiff,
`
`
`
`v.
`
`
`The CALIFORNIA INSTITUTE OF
`TECHNOLOGY,
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`
`
`
`Civil Action No. 2:21-cv-446-JRG
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`JURY TRIAL DEMANDED
`
`
`
`Defendants.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`
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`This is an action for patent infringement in which plaintiff the California Institute of
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`Technology (“Caltech” or “Plaintiff”) makes the following allegations against defendants
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`Samsung Electronics Co., Ltd., and Samsung Electronics America, Inc. (together, “Samsung”):
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`1.
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`This is a civil action for infringement of U.S. Patent No. 7,116,710 (the “’710
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`patent”), U.S. Patent No. 7,421,032 (the “’032 patent”), U.S. Patent No. 7,916,781 (the “’781
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`patent”), and U.S. Patent No. 8,284,833 (the “’833 patent”) (collectively, “the Asserted Patents”)
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`arising under the patent laws of the United States, 35 U.S.C. §§ 1 et seq.
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`2.
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`In 2020, a jury found that Wi-Fi products from Apple Inc. (“Apple”) and Broadcom
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`Limited (“Broadcom”) infringed the ’710, ’032, and ’781 patents and awarded Caltech over $1.1
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`billion in damages. Caltech v. Broadcom Ltd., et al., No. 16-cv-3714-GW, Dkt. No. 2114 (C.D.
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`Cal. Jan. 29, 2020). As in the case against Apple and Broadcom, Caltech seeks a reasonable royalty
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`from Samsung as compensation for its infringement of the ’710, ’032, and ’781 patents. Caltech
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`Case 2:21-cv-00446-JRG Document 42 Filed 05/02/22 Page 2 of 32 PageID #: 361
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`also seeks a reasonable royalty from Samsung as compensation for its infringement of the ’833
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`patent.
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`THE PARTIES
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`3.
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`Caltech is a non-profit private university organized under the laws of the State of
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`California, with its principal place of business at 1200 East California Boulevard, Pasadena,
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`California 91125.
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`4.
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`Caltech is a world-renowned science and engineering research and education
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`institution, where extraordinary faculty and students seek answers to complex questions, discover
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`new knowledge, lead innovation, and transform our future. To date, 45 Caltech alumni and faculty
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`have won a total of 46 Nobel Prizes. The mission of Caltech is to expand human knowledge and
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`benefit society through research integrated with education. Caltech investigates the most
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`challenging, fundamental problems in science and technology in a singularly collegial,
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`interdisciplinary atmosphere, while educating outstanding students to become creative members
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`of society. Caltech’s investment in research has led Caltech to have more inventions disclosed and
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`patents granted per faculty member than any other university in the nation, and to be consistently
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`ranked as having one of the top university patent portfolios in strength and number of patents
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`issued.
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`5.
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`Defendant Samsung Electronics Co., Ltd., is a foreign corporation organized and
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`existing under the laws of the Republic of Korea with a principal place of business at 129,
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`Samsung-ro, Yeongtong-gu, Suwon-si, Gyeonggi-Do, Korea 443-742.
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`6.
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`Defendant Samsung Electronics America, Inc., is a wholly owned subsidiary
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`corporation of Samsung Electronics Co., Ltd., organized and existing under the laws of New York
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`with a principal place of business at 105 Challenger Road, Ridgefield Park, New Jersey 07660 and
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`offices and/or other facilities in Texas at least at 6625 Excellence Way, Plano, Texas 75023 and
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`2
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`Case 2:21-cv-00446-JRG Document 42 Filed 05/02/22 Page 3 of 32 PageID #: 362
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`12100 Samsung Boulevard, Austin, Texas 78754. Samsung Electronics America, Inc., may be
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`served with process through its registered agent with the Texas Secretary of State, CT Corporation
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`System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
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`7.
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`Defendant Samsung Electronics America, Inc., oversees domestic sales and
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`distribution of Samsung’s consumer electronics products, including the products accused of
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`infringement in this case.
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`8.
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`Defendant Samsung Electronics America,
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`Inc., merged with Samsung
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`Telecommunications America LLC in January 2015. Koninklijke KPN N.V. v. Samsung
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`Telecomms. Am. LLC, et al., No. 2:14-cv-01165-JRG, Dkt. No. 34 (E.D. Tex. Apr. 29, 2015). Prior
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`to such merger, Samsung Telecommunications America LLC was involved in the sales and
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`distribution of Samsung-branded consumer electronics products in the United States.
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`9.
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`On information and belief, Defendant Samsung Electronics America, Inc., is liable
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`for any act for which Samsung Telecommunications America LLC otherwise would be or would
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`have been liable, including for any infringement alleged in this matter, and references herein to
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`Samsung Electronics America, Inc., should be understood to encompass such acts by Samsung
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`Telecommunications America LLC.
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`10.
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`Defendants Samsung Electronics Co., Ltd., and Samsung Electronics America,
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`Inc., have acted in concert with respect to the facts alleged herein such that any act of Samsung
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`Electronics Co., Ltd., is attributable to Samsung Electronics America, Inc., and vice versa.
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`JURISDICTION AND VENUE
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`11.
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`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code, including in particular 35 U.S.C. § 271.
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`12.
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`This Court has jurisdiction over the subject matter of this action under 28 U.S.C.
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`§§ 1331 and 1338(a).
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`13.
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`This Court has personal jurisdiction over Samsung Electronics Co., Ltd., and
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`Samsung Electronics America, Inc. because, directly or through intermediaries, each has
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`committed acts within the Eastern District of Texas giving rise to this action and/or has established
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`minimum contacts with the Eastern District of Texas such that the exercise of jurisdiction would
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`not offend traditional notions of fair play and substantial justice.
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`14.
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`For example, Samsung Electronics America maintains regular and established
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`offices in the Eastern District of Texas, including at 6625 Excellence Way, Plano, Texas 75023.
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`Further, on information and belief, Samsung Electronics Co., Ltd. directs and controls the actions
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`of Samsung Electronics America such that it too maintains regular and established offices in the
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`Eastern District of Texas, including at 6625 Excellence Way, Plano, Texas 75023.
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`15.
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`Samsung’s Plano office is referred to as its “Mobile hub” for its smartphone product
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`line. Other divisions, including Networks, Mobile Marketing, Computing and Wearables, and
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`Product Management, are located in the Plano facilities in this District.1 Samsung has described
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`this 216,000 square foot “flagship” Plano office, with over 1,000 employees, as part of its
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`“longstanding and growing commitment to Texas.”2
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`16.
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`In addition, Samsung Electronics Co., Ltd., and Samsung Electronics America, Inc.
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`have placed or contributed to placing infringing products (including Accused Products) into the
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`stream of commerce via an established distribution channel knowing or understanding that such
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`products would be sold and used in the United States, including in the Eastern District of Texas.
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`17.
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`On information and belief, Samsung Electronics Co., Ltd., and Samsung
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`Electronics America, Inc. also have each derived substantial revenues from infringing acts in the
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`1 https://www.themuse.com/profiles/samsungelectronicsamerica/location/plano
`2 https://news.samsung.com/us/samsung-electronics-america-open-flagship-north-texas-campus/
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`4
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`Eastern District of Texas, including from the sale and use of infringing products (including
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`Accused Products).
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`18.
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`19.
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`Venue is proper under 28 U.S.C. § 1391(b)-(c) and 28 U.S.C. § 1400.
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`In particular, Samsung Electronics Co. Ltd. is a corporation organized and existing
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`under the laws of the Republic of Korea, and Samsung Electronics America has maintained regular
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`and established places of business at 6625 Excellence Way, Plano, Texas 75023. In re HTC Corp.,
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`889 F.3d 1349, 1354 (Fed. Cir. 2018); In re Cray Inc., 871 F.3d 1355, 1362–63 (Fed. Cir. 2017).
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`ASSERTED PATENTS
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`20.
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`On October 3, 2006, the United States Patent Office issued U.S. Patent No.
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`7,116,710, titled “Serial Concatenation of Interleaved Convolutional Codes Forming Turbo-Like
`
`Codes.” A true and correct copy of the ’710 patent is attached hereto as Exhibit A.
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`21.
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`On September 2, 2008, the United States Patent Office issued U.S. Patent No.
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`7,421,032, titled “Serial Concatenation of Interleaved Convolutional Codes Forming Turbo-Like
`
`Codes.” A true and correct copy of the ’032 patent is attached hereto as Exhibit B. The ’032 patent
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`is a continuation of the application that led to the ’710 patent.
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`22.
`
`On March 29, 2011, the United States Patent Office issued U.S. Patent No.
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`7,916,781, titled “Serial Concatenation of Interleaved Convolutional Codes Forming Turbo-Like
`
`Codes.” A true and correct copy of the ’781 patent is attached hereto as Exhibit D. The ’781 patent
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`is a continuation of the application that led to the ’032 patent, which is a continuation of the
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`application that led to the ’710 patent.
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`23.
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`On October 9, 2012, the United States Patent Office issued U.S. Patent No.
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`8,284,833, titled “Serial Concatenation of Interleaved Convolutional Codes Forming Turbo-Like
`
`Codes.” A true and correct copy of the ’833 patent is attached hereto as Exhibit E. The ’833 patent
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`is a continuation of the application that led to the ’781 patent, which is a continuation of the
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`5
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`application that led to the ’032 patent, which is a continuation of the application that led to the
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`’710 patent.
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`24.
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`The ’710, ’032, ’781, and ’833 patents identify Hui Jin, Aamod Khandekar, and
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`Robert J. McEliece as the inventors.
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`25.
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`Caltech is the owner of all right, title, and interest in and to each of the Asserted
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`Patents with full and exclusive right to bring suit to enforce the Asserted Patents, including the
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`right to recover for past damages and/or royalties prior to the expiration of the ’710, ’032, ’781,
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`and ’833 patents on August 18, 2020.
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`26.
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`The Asserted Patents are valid and enforceable.
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`BACKGROUND
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`Caltech’s IRA Codes Patents
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`27.
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`The ’710, ’032, ’781, and ’833 patents (“IRA Patents”) disclose seminal
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`improvements to coding systems and methods. The IRA Patents introduced a new class of error
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`correction codes called “irregular repeat and accumulate codes” (or “IRA codes”). The claimed
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`methods and apparatuses in the IRA Patents are directed to encoders and decoders. For example,
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`the claimed encoders in the IRA Patents generate an IRA “codeword” from message or information
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`bits by reordering irregularly repeated instances of those bits in a randomized but known way and
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`performing other logical operations such as summing and accumulating bits. The claimed decoders
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`in the IRA Patents facilitate recovery of the message or information bits from the codewords even
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`when the codewords have been corrupted by noise such as the noise that is experienced when
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`transmitting a codeword over a wireless communications channel. These IRA codes are at least as
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`effective at correcting errors in transmissions as prior coding techniques such as turbo codes, but
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`use simpler encoding and decoding circuitry and provide other technical and practical advantages,
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`allowing for improved transmission rates and performance. Indeed, the IRA codes disclosed in the
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`IRA Patents enable a transmission rate close to the theoretical limit.
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`28.
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`The IRA Patents implement these novel IRA codes using novel encoders and
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`decoders. The claims in the IRA Patents enable a person of ordinary skill in the art to implement
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`IRA codes using simple circuitry, providing improved performance over prior art encoders and
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`decoders.
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`29.
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`In September 2000, the inventors of the IRA Patents published a paper regarding
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`their invention, titled “Irregular Repeat-Accumulate Codes” for the Second International
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`Conference on Turbo Codes (attached hereto as Exhibit F). This paper has been widely cited by
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`experts in the field.
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`30.
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`The IRA Patents and publications describing IRA codes have been widely
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`recognized and cited by academics and experts in the field of digital communications for their
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`improvements over prior art error correction codes. For example, a paper by Aline Roumy, Souad
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`Guemghar, Giuseppe Caire, and Sergio Verdú praising these IRA codes was published in August
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`2004 in the IEEE Transactions on Information Theory. This paper, titled “Design Methods for
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`Irregular Repeat-Accumulate Codes,” and attached hereto as Exhibit G, states:
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`IRA codes are, in fact, special subclasses of both irregular LDPCs and
`irregular turbo codes. . . . IRA codes are an appealing choice because the
`encoder is extremely simple, their performance is quite competitive with
`that of turbo codes and LDPCs, and they can be decoded with a very-low-
`complexity iterative decoding scheme.
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`This paper also notes that, four years after publication of the September 2000 paper, the inventors
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`of the IRA Patents were the only ones to propose a method to design IRA codes.
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`IEEE 802.11 Wi-Fi Standard
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`31.
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`The Institute of Electrical and Electronics Engineers (“IEEE”) has developed
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`standards for wireless communications over local area networks (also referred to as “Wi-Fi”). Wi-
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`Fi usage is widespread in modern electronic products, including smartphones, laptops, routers,
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`televisions, cameras, cars, and other devices that have wireless connections.
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`32.
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`The IEEE standard upon which Wi-Fi is based is IEEE 802.11. The 802.11
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`standardization process began in the 1990s and the first version of 802.11 was referred to as IEEE
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`802.11-1997. In the following years, subsequent versions of the 802.11 standard were adopted.
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`33.
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`One of the key improvements to the 802.11n version (finalized by IEEE in 2009
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`and providing the basis for Wi-Fi 4) of the standard involved a “High Throughput (HT)” mode
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`that is implemented using specific LDPC (Low-Density Parity Check) error correction codes. The
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`same LDPC error correction codes introduced in the 802.11n version of the standard are also
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`implemented in the subsequent 802.11ac version (finalized by IEEE in 2013 and providing the
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`basis for Wi-Fi 5) and 802.11ax version (finalized by IEEE in February 2021 and providing the
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`basis for Wi-Fi 6) of the standard. The LDPC codes specified by the 802.11n, 802.11ac, and
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`802.11ax standards may be implemented using Caltech’s patented IRA/LDPC encoder and
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`decoder technology.
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`Caltech’s Case Against Apple and Broadcom
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`34.
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`In May 2016, Caltech filed a patent infringement action against Apple and
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`Broadcom in the Central District of California involving the ’710, ’032, ’781, and ’833 patents.
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`On January 29, 2020, a jury rendered a verdict finding that Apple’s and Broadcom’s Wi-Fi
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`products infringed the ’710, ’032, and ’781 Patents and awarded Caltech over $1.1 billion in
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`damages. Caltech v. Broadcom et al., No. 16-cv-3714-GW, Dkt. No. 2114 (C.D. Cal. Jan. 29,
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`2020).
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`35.
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`The trial followed over three years of litigation during which the court dismissed
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`the vast majority of Apple’s and Broadcom’s defenses and counter-claims. For example, the court
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`denied Apple’s and Broadcom’s motion for summary judgment seeking to invalidate Caltech’s
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`8
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`’781 Patent under 35 U.S.C. § 101, and granted Caltech’s motion for summary judgment of validity
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`of Caltech’s ’710 and ’032 Patents under 35 U.S.C. § 101. The court also denied Apple and
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`Broadcom’s motions for summary judgment of non-infringement.
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`36.
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`In addition, Apple filed ten inter partes review (“IPRs”) petitions with the United
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`States Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”) seeking to
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`invalidate the ’710, ’032, ’781, and ’833 patents, and the PTAB either denied institution or upheld
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`the patentability of the claims in all ten petitions.
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`Accused Samsung Products
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`37.
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`Samsung manufactures, uses, imports, offers for sale, and/or sells Wi-Fi products
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`that incorporate encoders and/or decoders claimed in the Asserted Patents (“Accused Products”).
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`The Accused Products include, but are not limited to, mobile phones (e.g., Samsung Galaxy S
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`series, Note series, A series, Z series, and XCover series), tablets (e.g., Samsung Galaxy Tab series,
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`Tab A series, Tab E series, and Tab S series), computers (e.g., Samsung Galaxy Book series and
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`Chromebook series), Wi-Fi-enabled watches (e.g., Samsung Galaxy Watch series and Watch
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`Active series), Wi-Fi-enabled TVs (e.g., Samsung TVs with Smart TV functionality), Wi-Fi-
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`enabled appliances (e.g., Samsung refrigerators with Wi-Fi connectivity), and other Wi-Fi-enabled
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`devices.
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`38.
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`Upon information and belief, the Accused Products are compliant with the 802.11n,
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`802.11ac, and/or 802.11ax standards and the LDPC codes defined in those standards.
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`39.
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`Sales and marketing material from Samsung and its suppliers, as well as publicly
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`available teardown reports, confirm the use of LDPC codes in compliance with 802.11n, 802.11ac
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`and/or 802.11ax standards in Accused Products.
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`40.
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`For example, Qualcomm’s website states that the Samsung Galaxy Tab S3 utilizes
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`“QCA6174A 2x2 MU-MIMO 11ac Wi-Fi technology.” Qualcomm’s QCA6174A webpage
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`indicates under “Specifications” for “Wi-Fi” support for “Standards: 802.11ac Wave 2,
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`802.11a/b/g, 802.11n”; the webpage also lists among the “Features” of the chip: “Maximal
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`Likelihood (ML) decoding, low-density parity check (LDPC), maximum ratio combining (MRC)
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`for robust link connection.”3
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`41.
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`As another example, an iFixit teardown report for the Samsung Galaxy S4 shows a
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`Broadcom BCM4335 Wi-Fi module inside the smartphone.4 Broadcom’s BCM4335 webpage lists
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`among the “Features” of the chip: “Advanced beamforming (IEEE 802.11ac/n), Low-Density
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`Parity Check (LDPC) code and Space-Time Block Code (STBC) support for better coverage and
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`more reliable connectivity.”5
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`42.
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`As another example, an AnandTech review of the Samsung Galaxy S5 shows “a
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`Qualcomm Atheros QCA6174” Wi-Fi module.6 Upon information and belief, the “QCA6174”
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`refers to or is similar to the previously mentioned QCA6174A chip and utilizes LDPC codes.
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`43.
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`As another example, a TechInsights teardown report for the Samsung Galaxy S7
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`shows a Broadcom BCM4359 Wi-Fi module inside the smartphone.7 A Broadcom news release
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`states: “The BCM4359 is Broadcom’s 2x2 MIMO 5G WiFi combo chip with Bluetooth 4.1 and
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`FM radio featuring:” “2x2 HT80 802.11ac” and “Transmit beamforming and Low Density Parity
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`Check (LDPC).”8
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`3 https://www.qualcomm.com/products/qca6174a
`4 https://www.ifixit.com/Teardown/Samsung+Galaxy+S4+Teardown/13947
`5 https://www.broadcom.com/products/wireless/wireless-lan-infrastructure/bcm4335
`6 https://www.anandtech.com/show/8314/galaxy-s5-ltea-battery-life-performance
`7 https://www.techinsights.com/products/far-1605-801
`8 https://www.prnewswire.com/news-releases/broadcom-introduces-industrys-first-5g-wifi-
`combo-chip-with-real-simultaneous-dual-band-support-300043086.html
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`10
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`44.
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`As another example, a TechInsights teardown report for the Samsung Galaxy S10
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`shows a Broadcom BCM4375 Wi-Fi module inside a smartphone.9 Broadcom’s BCM4375
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`webpage lists among the “Features” of the chip “Support for two streams of 802.11ax” and “1024
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`QAM modulation,” which uses LDPC as described in the 802.11ax standard.10,11
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`45. Wi-Fi certifications for Samsung products also confirm the use of LDPC codes in
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`compliance with 802.11ac and/or 802.11ax standards in Accused Products. Accused Products from
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`Samsung have received “Wi-Fi CERTIFIED” certification from the Wi-Fi Alliance. The Wi-Fi
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`Alliance is a corporation headquartered at 10900-B Stonelake Boulevard, Suite 126, Austin, Texas
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`78759 that has “the specific purpose . . . to promote multi-vendor interoperability for markets
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`including the enterprise, small office, and home and in particular the development, adoption and
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`use of Wi-Fi technology and products and services relating thereto.”12 In 2011, defendant Samsung
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`Electronics Co., Ltd., became (and currently remains) a “Sponsor” member of the Wi-Fi Alliance,
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`which entitles it to designate a board member and an alternate board member to the Wi-Fi Alliance
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`board of directors.13 According to the Wi-Fi Alliance website, certification of products “indicat[es]
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`that they have met industry-agreed standards for interoperability, security, and a range of
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`application specific protocols.”14 The “Wi-Fi CERTIFIED 6” program provides certification based
`
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`9 https://www.techinsights.com/blog/samsung-galaxy-s10-teardown
`10 https://www.broadcom.com/products/wireless/wireless-lan-bluetooth/bcm4375
`11 See IEEE 802.11ax-2021 at § 27.1.1 (“LDPC coding (transmit and receive) in all supported
`HE PPDU types, RU sizes, and number of spatial streams if the STA declares support for HE-
`MCSs 10 and 11 (transmit and receive)”); id. at § 27.5, Tables 27-55 to 27-110 (showing HE-
`MCSs 10 and 11 corresponding to 1024-QAM modulation).
`12 Bylaws of Wi-Fi Alliance § 3.1, available at https://www.wi-fi.org/who-we-are/governing-
`documents (link to “Bylaws”).
`13 Id. at § 6.2.1; https://www.wi-fi.org/membership/member-companies; https://www.wi-
`fi.org/news-events/newsroom/wi-fi-alliance-welcomes-new-sponsor-members-huawei-lg-and-
`samsung.
`14 https://www.wi-fi.org/certification
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`11
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`on the IEEE 802.11ax standard,15 while the “Wi-Fi CERTIFIED ac” program provides
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`certification based on the IEEE 802.11ac standard.16 The “Wi-Fi CERTIFIED 6” and “Wi-Fi
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`CERTIFIED ac” programs include certification of compliance with each standard’s specifications
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`for the use of LDPC codes when transmitting and receiving.
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`46.
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`For example, the “Wi-Fi CERTIFIED™ Certificate” for Samsung’s phone model
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`SM-F707U (also known as the Samsung Galaxy Z Flip 5G) indicates under “Summary of
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`Certifications” both “Wi-Fi CERTIFIED 6™” and “Wi-Fi CERTIFIED™ ac.” Further, details
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`under each of those certifications indicate compliance with “LDPC Tx” (referring to transmitting)
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`and “LDPC Rx” (referring to receiving).17
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`47.
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`As another example, the “Wi-Fi CERTIFIED™ Certificate” for Samsung’s phone
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`model SM-N976U (also known as the Samsung Galaxy Note10+ 5G) indicates under “Summary
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`of Certifications” both “Wi-Fi CERTIFIED 6™” and “Wi-Fi CERTIFIED™ ac.” Further, details
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`under each of those certifications indicate compliance with “LDPC Tx” and “LDPC Rx.”18
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`COUNT ONE
`Infringement of the ’710 Patent
`
`48.
`
`Caltech re-alleges and incorporates by reference the allegations of the preceding
`
`paragraphs of this Complaint as if fully set forth herein.
`
`49.
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`In violation of 35 U.S.C. § 271(a), Samsung has infringed the ’710 patent by
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`making, using, selling, offering for sale, and/or importing into the United States, without authority,
`
`the Accused Products which practice each and every limitation of at least claim 20 of the ’710
`
`patent. Samsung has infringed literally and/or under the doctrine of equivalents.
`
`
`15 https://www.wi-fi.org/discover-wi-fi/wi-fi-certified-6
`16 https://www.wi-fi.org/discover-wi-fi/wi-fi-certified-ac
`17 https://api.cert.wi-fi.org/api/certificate/download/public?variantId=83898
`18 https://api.cert.wi-fi.org/api/certificate/download/public?variantId=34086
`
`
`
`12
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`Case 2:21-cv-00446-JRG Document 42 Filed 05/02/22 Page 13 of 32 PageID #: 372
`
`
`
`50.
`
`On information and belief, the Accused Products comply with the 802.11n,
`
`802.11ac, and/or 802.11ax standards and the 12 LDPC error correction codes defined in those
`
`standards. In addition, on information and belief, the Accused Products are implemented in a
`
`manner that not only complies with the 802.11n, 802.11ac, and/or 802.11ax standards, but also
`
`infringes the ’710 patent. This is because implementations of the 802.11n, 802.11ac, and/or
`
`802.11ax standards that infringe the ’710 patent perform substantially fewer computations, have
`
`substantially more efficient circuitry, use less memory, consume less semiconductor die area,
`
`consume less power, and are otherwise more efficient and cost effective than implementations that
`
`do not infringe the ’710 patent.
`
`51.
`
`The 12 LDPC codes were originally defined in the 802.11n version of the standard
`
`and include three 1/2 rate, three 2/3 rate, three 3/4 rate, and three 5/6 rate LDPC codes as shown
`
`in Table 20-14 of the standard below.19
`
`
`19 See IEEE 802.11n-2009 at § 20.3.11.6.2 (emphasis added); see also 802.11-2012 at
`§ 20.3.11.7.2; IEEE 802.11-2016 at § 19.3.11.7.2; IEEE 802.11-2020 at § 19.3.11.7.2. The same
`12 LDPC codes are defined in the 802.11ac and 802.11ax versions of the standard. See IEEE
`802.11ac-2013 at § 22.3.10.5.4; IEEE 802.11-2016 at § 21.3.10.5.4; IEEE 802.11ax-2021 at
`§ 27.3.12.5.2.
`
`
`
`13
`
`

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`Case 2:21-cv-00446-JRG Document 42 Filed 05/02/22 Page 14 of 32 PageID #: 373
`
`
`
`52.
`
`On information and belief, the Accused Products encode information or message
`
`bits using an LDPC encoder that supports the 12 LDPC codes defined in the standards. The LDPC
`
`encoder encodes the information or message bits to generate a codeword as described in Section
`
`20.3.11.6.3 of the 802.11n standard shown below:20
`
`
`
`
`
`
`20 See IEEE 802.11n-2009 at § 20.3.11.6.3 (emphasis added); see also IEEE 802.11-2012 at §
`20.3.11.7.3; IEEE 802.11-2016 at § 19.3.11.7.3; IEEE 802.11-2020 at § 19.3.11.7.3. The same
`LDPC encoder is defined in the 802.11ac and 802.11ax versions of the standard. See IEEE
`802.11ac-2013 at § 22.3.10.5.4; IEEE 802.11-2016 at § 21.3.10.5.4; IEEE 802.11ax-2021 at §
`27.3.12.5.2.
`
`
`
`14
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`

`

`Case 2:21-cv-00446-JRG Document 42 Filed 05/02/22 Page 15 of 32 PageID #: 374
`
`
`
`53.
`
`On information and belief, the LDPC encoders in the Accused Products encode
`
`information or message bits in accordance with the 12 parity-check matrices defined in the 802.11n
`
`standard. A parity-check matrix H for each of the 12 block sizes and code rates is defined in Tables
`
`R.1 to R.3 of the 802.11n. The parity-check matrix for one of the 12 LDPC codes is shown below.21
`
`* * *
`
`
`
`
`
`54.
`
`Each parity-check matrix includes a left-hand side that corresponds to information
`
`or message bits, and a right-hand side that corresponds to parity bits. In the parity-check matrix
`
`shown above, the left-hand side that corresponds to information or message bits includes columns
`
`1–18, and the right-hand side that corresponds to the parity bits includes columns 19–24. The left-
`
`hand side is structured in a way that corresponds to the use of irregular repetition, scrambling, and
`
`summing in the encoding process, while the right-hand side is structured in a way that corresponds
`
`to using accumulation in the encoding process. Further, the left-hand side is structured in a way
`
`
`21 See IEEE 802.11n-2009 at Annex R, Table R.1; see also IEEE 802.11-2012 at Annex F, Table
`F-1; IEEE 802.11-2016 at Annex F, Table F-1; IEEE 802.11-2020 at Annex F, Table F-1. The
`same parity-check matrices are defined in the 802.11ac and 802.11ax versions of the standard.
`See IEEE 802.11ac-2013 at § 22.3.10.5.4; IEEE 802.11-2016 at § 21.3.10.5.4; IEEE 802.11ax-
`2021 at § 27.3.12.5.2.
`
`
`
`15
`
`

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`Case 2:21-cv-00446-JRG Document 42 Filed 05/02/22 Page 16 of 32 PageID #: 375
`
`
`
`that corresponds to the use of a low-density generator matrix for performing operations of irregular
`
`repetition, scrambling, and summing.
`
`55.
`
`On information and belief, the LDPC encoders in the Accused Products are
`
`implemented in a manner that meets each and every limitation of claim 20 of the ’710 patent. This
`
`is because implementations of the 802.11n, 802.11ac, and/or 802.11ax standards that infringe
`
`claim 20 of the ’710 patent perform substantially fewer computations, have substantially more
`
`efficient circuitry, use less memory, consume less semiconductor die area, consume less power
`
`and are otherwise more efficient and cost effective than implementations that do not infringe this
`
`claim. The LDPC encoders in the Accused Products are coders. The LDPC encoders in the
`
`Accused Products include first coders which are low-density generator matrix coders and
`
`correspond to the left-hand sides of the parity-check matrices. The first coders have an input
`
`configured to receive a stream of bits (e.g., information or message bits). The first coders repeat
`
`the stream of bits irregularly and scramble the repeated bits. The irregular repetition and
`
`scrambling that occurs in the LDPC encoders in the Accused Products corresponds to the irregular
`
`repetition and scrambling depicted in the left-hand sides of the parity-check matrices.
`
`56.
`
`On information and belief, the LDPC encoders in the Accused Products include
`
`second coders which correspond to the right-hand sides of the parity-check matrices. The second
`
`coders encode bits output from the first coder at a rate within 10% of one. The encoding of output
`
`bits at a rate within 10% of one that occurs in the LDPC encoders in the Accused Products
`
`corresponds to the accumulation depicted in the right-hand sides of the parity-check matrices.
`
`57.
`
`Samsung is not licensed or otherwise authorized to practice the claims of the ’710
`
`patent.
`
`58.
`
`By reason of Samsung’s infringement, Caltech has suffered substantial damages.
`
`
`
`16
`
`

`

`Case 2:21-cv-00446-JRG Document 42 Filed 05/02/22 Page 17 of 32 PageID #: 376
`
`
`
`59.
`
`Caltech is entitled to recover the damages sustained as a result of Samsung’s
`
`wrongful acts in an amount subject to proof at trial.
`
`60.
`
`Caltech has complied with the requirements of 35 U.S.C. § 287(a) at least because
`
`neither Caltech nor any party that has held a license to the ’710 patent has made, offered for sale,
`
`or sold any products in the United States subject to the marking requirements of 35 U.S.C.
`
`§ 287(a).
`
`COUNT TWO
`Infringement of the ’032 Patent
`
`61.
`
`Caltech re-alleges and incorporates by reference the allegations of the preceding
`
`paragraphs of this Complaint as if fully set forth herein.
`
`62.
`
`In violation of 35 U.S.C. § 271(a), Samsung has infringed the ’032 patent by
`
`making, using, selling, offering for sale, and/or importing into the United States, without authority,
`
`the Accused Products which practice each and every limitation of at least claim 11 of the ’032
`
`patent. Samsung has infringed literally and/or under the doctrine of equivalents.
`
`63.
`
`On information and belief, the Accused Products comply with the 802.11n,
`
`802.11ac, and/or 802.11ax standards and the 12 LDPC error correction codes defined in those
`
`standards. In addition, on information and belief, the Accused Products are implemented in a
`
`manner that not only complies with the 802.11n, 802.11ac, and/or 802.11ax standards, but also
`
`infringes the ’032 Patent. This is because implementations of the 802.11n, 802.11ac, and/or
`
`802.11ax standards that infringe the ’032 patent perform substantially fewer computations, have
`
`substantially more efficient circuitry, use less memory, consume less semiconductor die area,
`
`consume less power, and are otherwise more efficient and cost effective than implementations that
`
`do not infringe the ’032 patent.
`
`
`
`17
`
`

`

`Case 2:21-cv-00446-JRG Document 42 Filed 05/02/22 Page 18 of 32 PageID #: 377
`
`
`
`64.
`
`The 12 LDPC codes were originally defined in the 802.11n version of the standard
`
`and include three 1/2 rate, three 2/3 rate, three 3/4 rate, and three 5/6 rate LDPC codes as shown
`
`in Table 20-14 of the standard below.22
`
`65.
`
`On information and belief, t