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Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 1 of 11 PageID #: 457
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Plaintiff,
`
`v.
`
`
`AX WIRELESS LLC,
`
`
`
`
`
`LENOVO GROUP LIMITED,
`
`
`
`
`Defendant.
`
`Case No. 2:22-cv-00280-JRG-RSP
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff AX Wireless LLC (“Plaintiff” or “AX Wireless”) hereby alleges patent
`
`infringement against Defendant Lenovo Group Limited (“Defendant” or “Lenovo”) as follows:
`
`PARTIES
`
`1.
`
`Plaintiff AX Wireless is a limited liability company organized and existing under
`
`the laws of the State of Texas, having a principal place of business at 2025 Guadalupe Street,
`
`Suite 260, Austin, Texas 78705.
`
`2.
`
`Defendant Lenovo is a corporation organized and existing under the laws of the
`
`People’s Republic of China, with an address at 23rd Floor, Lincoln House, Taikoo Place, 979
`
`King’s Road, Quarry Bay, Hong Kong.
`
`JURISDICTION AND VENUE
`
`3.
`
`This patent infringement action arises under the patent laws of the United States,
`
`Title 35 of the United States Code (“U.S.C.”) § 101 et seq.
`
`4.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331, 1332, and
`
`

`

`Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 2 of 11 PageID #: 458
`
`1338(a).
`
`5.
`
`Defendant is subject to this Court’s specific and general personal jurisdiction
`
`consistent with the principles of due process and/or the Texas Long Arm Statute.
`
`6.
`
`Defendant sells and offers to sell products and services throughout the United
`
`States, the State of Texas, and this District, and introduces infringing products and services into
`
`the stream of commerce knowing that they will be sold in the United States, the State of Texas,
`
`and this District. For example, Defendant sells and offers to sell infringing products and services
`
`through its website, Lenovo.com, which may be accessed throughout the United States, the State
`
`of Texas, and this District.
`
`7.
`
`Defendant has authorized sellers and sales representatives that offer for sale and
`
`sell products pertinent to this Complaint throughout the State of Texas, including in this District
`
`and to consumers throughout this District, such as: Best Buy, 422 West Loop 281, Suite 100,
`
`Longview, Texas 75605; Costco Wholesale, 3650 West University Drive, McKinney, Texas
`
`75071; Office Depot, 422 West Loop 281, Suite 300, Longview, Texas 75605; Target, 3092
`
`North Eastman Road, Suite 100, Longview, Texas 75605; and Wal-Mart, 1701 East End
`
`Boulevard North, Marshall, Texas 75670.
`
`8.
`
`Personal jurisdiction exists generally over Defendant because Defendant has
`
`sufficient minimum contacts with the forum as a result of business conducted within the United
`
`States, the State of Texas, and this District.
`
`9.
`
`Personal jurisdiction also exists over Defendant because it, directly, through, or in
`
`consort with subsidiaries, affiliates, or intermediaries, including but not limited to Lenovo
`
`(Beijing) Limited, Lenovo PC HK Limited, Lenovo PC International Limited, Lenovo (United
`
`States), Inc., and Motorola Mobility LLC, some or all of which are Defendant’s agents or alter
`
`
`
`2
`
`

`

`Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 3 of 11 PageID #: 459
`
`egos, makes, uses, sells, offers for sale, imports, advertises, makes available, and/or markets
`
`products and services within the United States, the State of Texas, and this District that infringe
`
`one or more claims of the asserted patents, as alleged more particularly below.
`
`10.
`
`Venue in this District is proper under 28 U.S.C. § 1400(b). Defendant is a foreign
`
`entity for which venue is proper in any district.
`
`11.
`
`Defendant makes, uses, sells, offers to sell, and/or imports infringing products and
`
`services into and/or within this District, maintains a permanent and/or continuing presence
`
`within this District, and/or has the requisite minimum contacts with this District such that this
`
`venue is a fair and reasonable one. Upon information and belief, Defendant has transacted and,
`
`at the time of the filing of the Complaint, is continuing to transact business within this District.
`
`AX WIRELESS PATENTS
`
`12.
`
`AX Wireless owns the entire right, title, and interest in and to each of the
`
`following patents, including the right to seek damages for past and ongoing infringement: U.S.
`
`Patent Nos. 9,584,262 (“the ’262 Patent”); 9,614,566 (“the ’566 Patent”); 9,973,361 (“the ’361
`
`Patent”); 10,079,707 (“the ’707 Patent”); 10,291,449 (“the ’449 Patent”); 10,554,459 (“the ’459
`
`Patent”); 10,917,272 (“the ’272 Patent”); and 11,212,146 (“the ’146 Patent”) (collectively, “AX
`
`Wireless Patents”).
`
`13.
`
`The ‘262 Patent issued on February 28, 2017. A true and correct copy of this
`
`patent is attached hereto as Exhibit 1.
`
`14.
`
`The ‘566 Patent issued on April 4, 2017. A true and correct copy of this patent is
`
`attached hereto as Exhibit 2.
`
`15.
`
`The ‘361 Patent issued on May 15, 2018. A true and correct copy of this patent is
`
`attached hereto as Exhibit 3.
`
`
`
`3
`
`

`

`Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 4 of 11 PageID #: 460
`
`16.
`
`The ‘707 Patent issued on September 18, 2018. A true and correct copy of this
`
`patent is attached hereto as Exhibit 4.
`
`17.
`
`The ‘449 Patent issued on May 14, 2019. A true and correct copy of this patent is
`
`attached hereto as Exhibit 5.
`
`18.
`
`The ‘459 Patent issued on February 4, 2020. A true and correct copy of this
`
`patent is attached hereto as Exhibit 6.
`
`19.
`
`The ‘272 Patent issued on February 9, 2021. A true and correct copy of this
`
`patent is attached hereto as Exhibit 7.
`
`20.
`
`The ‘146 Patent issued on December 28, 2021. A true and correct copy of this
`
`patent is attached hereto as Exhibit 8.
`
`21.
`
`The named inventors of each of the AX Wireless Patents are: Marcos C. Tzannes
`
`and Joon Bae Kim.
`
`22.
`
`The AX Wireless Patents are directed to wireless OFDM (orthogonal frequency
`
`division multiplexing) networks and systems, including wireless OFDM transceivers, which
`
`employ variable header repetition.
`
`23.
`
`The technology claimed in the AX Wireless Patents is adopted in the 802.11ax
`
`standard promulgated by the Institute of Electrical and Electronics Engineers (IEEE), which sets
`
`forth certain technical specifications for wireless local area networks (“WLANs”), also known as
`
`“Wi-Fi.”
`
`24.
`
`The IEEE 802.11ax standard and its enhancements are marketed by the Wi-Fi
`
`Alliance as “Wi-Fi 6” and “Wi-Fi 6E.” Wi-Fi 6 was approved on or about February 9, 2021 and
`
`published on or about May 19, 2021. Wi-Fi 6E is an extension of Wi-Fi 6 (2.4 GHz and 5 GHz)
`
`to the 6 GHz frequency band.
`
`
`
`4
`
`

`

`Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 5 of 11 PageID #: 461
`
`25. Wi-Fi 6 utilizes OFDM and OFDMA (orthogonal frequency-division multiple
`
`access) technology, and employs variable header repetition, to provide enhanced data
`
`throughput, increased spectral efficiency, auto-detection, backwards compatibility, and other
`
`benefits.
`
`26. Wi-Fi 6 may be deployed in dense environments, such as corporate offices,
`
`shopping centers, and apartment complexes, and provides backwards compatibility, increased
`
`network capacity and simultaneous connectivity, greater channel width, more effective
`
`bandwidth, and reduced power consumption.
`
`ACCUSED INSTRUMENTALITIES
`
`27.
`
`Defendant makes, uses, sells, and/or offers to sell in, and/or imports into, the
`
`United States products that implement or embody Wi-Fi 6 technology and/or implement or
`
`comply with the Wi-Fi 6 standard (“Wi-Fi 6 Instrumentalities”). Defendant’s Wi-Fi 6
`
`Instrumentalities infringe the AX Wireless Patents, including the ‘361 Patent, ‘707 Patent, ‘272
`
`Patent, ‘146 Patent, ‘262 Patent, ‘566 Patent, ‘449 Patent and ‘459 Patent (collectively, the
`
`“Asserted Patents”) (“Accused Instrumentalities”).
`
`28. Wi-Fi 6 Instrumentalities include, but are not limited to, smartphones, personal
`
`computers (PCs) (desktops and laptops), tablets, networking devices, Internet of things (“IoT”)
`
`devices, appliances, and other consumer and home electronics. On information and belief,
`
`Defendant certifies the interoperability of its Wi-Fi 6 Instrumentalities as Wi-Fi CERTIFIED 6
`
`(based on IEEE 802.11ax standard) through the Wi-Fi Alliance.
`
`29.
`
`Appendix A provides a non-exhaustive list of Defendant’s Accused
`
`Instrumentalities. Each Accused Instrumentality comprises a Wi-Fi 6 or 802.11ax transceiver.
`
`For example, the Motorola Moto G100 comprises a Wi-Fi 6 or 802.11 ax transceiver. For
`
`
`
`5
`
`

`

`Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 6 of 11 PageID #: 462
`
`example, the ThinkPad X13 Yoga comprises a Wi-Fi 6 or 802.11 ax transceiver. On information
`
`and belief, the Accused Instrumentalities employ, implement, or utilize materially the same Wi-
`
`Fi 6 technology, such that facts material to infringement by one Accused Instrumentality will be
`
`material to all Accused Instrumentalities.
`
`COUNT I: THE ‘361 PATENT
`
`30.
`
`Defendant infringes at least claim 1 of the ‘361 Patent. Appendix B details the
`
`manner in which the Accused Instrumentalities infringe this patent by way of an exemplary chart
`
`as illustrated through a representative example. On information and belief, the Accused
`
`Instrumentalities are materially the same with respect to infringement of this patent.
`
`COUNT II: THE ‘707 PATENT
`
`31.
`
`Defendant infringes at least claim 1 of the ‘707 Patent. Appendix C details the
`
`manner in which the Accused Instrumentalities infringe this patent by way of an exemplary chart
`
`as illustrated through a representative example. On information and belief, the Accused
`
`Instrumentalities are materially the same with respect to infringement of this patent.
`
`COUNT III: THE ‘272 PATENT
`
`32.
`
`Defendant infringes at least claim 1 of the ‘272 Patent. Appendix D details the
`
`manner in which the Accused Instrumentalities infringe this patent by way of an exemplary chart
`
`as illustrated through a representative example. On information and belief, the Accused
`
`Instrumentalities are materially the same with respect to infringement of this patent.
`
`COUNT IV: THE ‘146 PATENT
`
`33.
`
`Defendant infringes at least claim 1 of the ‘146 Patent. Appendix E details the
`
`manner in which the Accused Instrumentalities infringe this patent by way of an exemplary chart
`
`as illustrated through a representative example. On information and belief, the Accused
`
`
`
`6
`
`

`

`Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 7 of 11 PageID #: 463
`
`Instrumentalities are materially the same with respect to infringement of this patent.
`
`COUNT V: THE ‘262 PATENT
`
`34.
`
`Defendant infringes at least claim 1 of the ‘262 Patent. Appendix F details the
`
`manner in which the Accused Instrumentalities infringe this patent by way of an exemplary chart
`
`as illustrated through a representative example. On information and belief, the Accused
`
`Instrumentalities are materially the same with respect to infringement of this patent.
`
`COUNT VI: THE ‘566 PATENT
`
`35.
`
`Defendant infringes at least claim 1 of the ‘566 Patent. Appendix G details the
`
`manner in which the Accused Instrumentalities infringe this patent by way of an exemplary chart
`
`as illustrated through a representative example. On information and belief, the Accused
`
`Instrumentalities are materially the same with respect to infringement of this patent.
`
`COUNT VII: THE ‘449 PATENT
`
`36.
`
`Each Defendant infringes at least claim 1 of the ‘449 Patent. Appendix H details
`
`the manner in which the Accused Instrumentalities infringe this patent by way of an exemplary
`
`chart as illustrated through a representative example. On information and belief, the Accused
`
`Instrumentalities are materially the same with respect to infringement of this patent.
`
`COUNT VIII: THE ‘459 PATENT
`
`37.
`
`Each Defendant infringes at least claim 1 of the ‘459 Patent. Appendix I details
`
`the manner in which the Accused Instrumentalities infringe this patent by way of an exemplary
`
`chart as illustrated through a representative example. On information and belief, the Accused
`
`Instrumentalities are materially the same with respect to infringement of this patent.
`
`38.
`
`Defendant had actual notice of the Asserted Patents and/or its infringing activities
`
`since prior to and no later than the filing of the Complaint, including but not limited to notice via
`
`
`
`7
`
`

`

`Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 8 of 11 PageID #: 464
`
`a January 27, 2022 letter, which identified specific AX Wireless Patents and infringing
`
`instrumentalities.
`
`39.
`
`Defendant has committed and continues to commit acts of direct infringement of
`
`the Asserted Patents by making, using, selling, offering to sell, and/or importing Accused
`
`Instrumentalities.
`
`40.
`
`Defendant has been and is indirectly infringing the Asserted Patents by actively
`
`inducing or contributing to the direct infringement by others of the Asserted Patents, in the
`
`United States, the State of Texas, and this District.
`
`41.
`
`Defendant has induced and continues to induce its subsidiaries and affiliates,
`
`customers, and other third parties, such as resellers and end-consumers of Accused
`
`Instrumentalities, to directly infringe the Asserted Patents by making, using, selling, offering to
`
`sell, and/or importing into the United States the Accused Instrumentalities through affirmative
`
`acts.
`
`42.
`
`The affirmative acts of inducement by Defendant include, but are not limited to,
`
`any one or a combination of encouraging and/or facilitating third-party infringement through the
`
`advertisement, marketing, and dissemination of the Accused Instrumentalities and their
`
`components; and creating and publishing promotional and marketing materials, supporting
`
`materials, product manuals, and/or technical support and information relating to the Accused
`
`Instrumentalities.
`
`43.
`
`Defendant specifically intended and was aware that the ordinary and customary
`
`use of the Accused Instrumentalities would infringe the Asserted Patents.
`
`44.
`
`Defendant knew that the induced conduct would constitute infringement, and
`
`intended said infringement at the time of committing the aforementioned acts, such that those
`
`
`
`8
`
`

`

`Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 9 of 11 PageID #: 465
`
`acts and conduct have been and continue to be committed with the specific intent to induce
`
`infringement, or to deliberately avoid learning of the infringing circumstances at the time those
`
`acts were committed, so as to be willfully blind to the infringement they induced.
`
`45.
`
`Defendant took active steps to encourage end users to use and operate the
`
`Accused Instrumentalities, despite knowing of the Asserted Patents in the United States, in a
`
`manner it knew directly infringes each element of the claims of the Asserted Patents. Further,
`
`Defendant provided product manuals and other technical information that cause its subscribers,
`
`customers, and other third parties to use and to operate the Accused Instrumentalities for their
`
`ordinary and customary use, such that Defendant’s customers and other third parties have
`
`directly infringed the Asserted Patents, through the normal and customary use of the Accused
`
`Instrumentalities.
`
`46.
`
`Therefore, Defendant is liable for infringement of the Asserted Patents and that
`
`infringement has been and continues to be willful in nature.
`
`47.
`
`AX Wireless has incurred and will continue to incur substantial damages; and has
`
`been and continues to be irreparably harmed by Defendant’s infringement. Therefore, AX
`
`Wireless is entitled to an injunction, actual and/or compensatory damages, reasonable royalties,
`
`pre- and post-judgment interest, enhanced damages, attorney fees, and costs.
`
`PRAYER FOR RELIEF
`
`
`
`WHEREFORE, Plaintiff AX Wireless respectfully requests that this Court:
`
`A.
`
`Enter judgment in favor of AX Wireless that each of the Asserted Patents is valid
`
`and enforceable;
`
`B.
`
`Enter judgment in favor of AX Wireless that Defendant has infringed and
`
`continues to infringe each of the Asserted Patents, and that such infringement is willful;
`
`
`
`9
`
`

`

`Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 10 of 11 PageID #: 466
`
`C.
`
`Award AX Wireless all monetary relief available under the laws of the United
`
`States, including but not limited to 35 U.S.C. § 284;
`
`D.
`
`Order Defendant to pay ongoing royalties in an amount to be determined for any
`
`continued infringement after the date of judgment;
`
`E.
`
`Declare this case exceptional and award AX Wireless its reasonable attorney fees
`
`under 35 U.S.C. § 285;
`
`F.
`
`Enjoin Defendant and its subsidiaries, and their officers, agents, servants,
`
`employees, and all persons in active concert with any of the foregoing from further infringement;
`
`and
`
`G.
`
`Grant AX Wireless all such other relief as the Court deems just and reasonable.
`
`DEMAND FOR JURY TRIAL
`
`
`
`AX Wireless demands a jury trial on all issues so triable pursuant to Federal Rule of Civil
`
`Procedure 38.
`
`
`
`Date: January 3, 2023
`
`
`
`/s/ Andrew Y. Choung
`
`Elizabeth L. DeRieux
`Email: ederieux@capshawlaw.com
`CAPSHAW DERIEUX, LLP
`TEXAS BAR NO. 05770585
`114 E. Commerce Ave.
`Gladewater, Texas 75647
`(903) 845-5770
`
`Andrew Y. Choung (admitted in E.D. Texas)
`Email: achoung@nixonpeabody.com
`Jennifer Hayes (admitted pro hac vice)
`Email: jenhayes@nixonpeabody.com
`Joshua J. Pollack (admitted in E.D. Texas)
`Email: jpollack@nixonpeabody.com
`Desmond Jui (admitted pro hac vice)
`Email: djui@nixonpeabody.com
`
`
`
`10
`
`

`

`Case 2:22-cv-00280-RWS-RSP Document 29 Filed 01/03/23 Page 11 of 11 PageID #: 467
`
`Nixon Peabody LLP
`300 S. Grand Avenue, Suite 4100
`Los Angeles, CA 90071
`Telephone: (213) 629-6000
`
`Brendan O’Callaghan (admitted in E.D. Texas)
`Email: bocallaghan@nixonpeabody.com
`Nixon Peabody LLP
`799 9th Street NW, Suite 500
`Washington, DC 20001-5327
`Telephone: (202) 585-8000
`
`Attorneys for Plaintiff AX Wireless LLC
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing document is being served on all counsel of record via
`
`
`
`
`
`
`
`CM/ECF on this January 3, 2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Andrew Y. Choung
`
`11
`
`

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