Case 1:18-cv-00519-LY Document 1 Filed 06/21/18 Page 1 of 60
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`CASE NO. 1:18-cv-519
`
`§§§§§§§§§
`
`BANDSPEED, LLC,
`
`Plaintiff,
`
`v.
`
`MICROCHIP TECHNOLOGY, INC.
`
`Defendant.
`
`COMPLAINT
`
`Plaintiff Bandspeed, LLC (“Bandspeed”), by and through its attorneys, files its Complaint
`
`against defendant Microchip Technology, Inc. (“Defendant”), and hereby alleges as follows:
`
`I.
`
` NATURE OF ACTION
`
`1.
`
`This is a patent infringement action to end Defendant’s unauthorized and
`
`infringing manufacture, use, sale, offering for sale, and/or importation of methods and products
`
`incorporating Bandspeed’s patented inventions.
`
`2.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 7,027,418 (“the ’418 Patent”), issued on April 11, 2006 for “Approach for Selecting
`
`Communications Channels Based on Performance.”
`
`3.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 7,477,624 (“the ’624 Patent”), issued on January 13, 2009 for “Approach for Managing the
`
`Use of Communications Channels Based on Performance.”
`
`4.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 7,570,614 (“the ’614 patent”), issued on August 4, 2009 for “Approach for Managing
`
`Communications Channels Based on Performance.”
`
`1
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`5.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 7,903,608 (“the ’608 Patent”), issued on March 8, 2011 for “Approach for Managing the Use
`
`of Communications Channels Based on Performance.”
`
`6.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 8,542,643 (“the ’643 Patent), issued on September 24, 2013 for “Approach for Managing the
`
`Use of Communications Channels Based on Performance.”
`
`7.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 8,873,500 (“the ’500 Patent), issued on October 28, 2014 for “Approach for Managing the
`
`Use of Communications Channels Based on Performance.”
`
`8.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 9,379,769 (“the ’769 Patent), issued on June 28, 2016 for “Approach for Managing the Use of
`
`Communications Channels Based on Performance.”
`
`9.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 9,883,520 (“the ’520 Patent), issued on January 30, 2018 for “Approach for Managing the Use
`
`of Communications Channels Based on Performance.”
`
`10.
`
`The ’418 Patent, ’624 Patent, ’614 Patent, ’608 Patent, ’643 Patent, ’500 Patent,
`
`’769 Patent, and ’520 Patent are, collectively, the “Patents.”
`
`11.
`
`Bandspeed has all substantial right and interest to the Patents, including all rights
`
`to recover for all past and future infringement thereof.
`
`12.
`
`Upon information and belief, Defendant has been and currently is infringing,
`
`contributing to the infringement of, and/or inducing the infringement of Bandspeed’s Patents, by,
`
`among other things, making, using, selling, importing, and/or offering for sale, within the territorial
`
`
`
`2
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`Case 1:18-cv-00519-LY Document 1 Filed 06/21/18 Page 3 of 60
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`boundaries of the United States, products that are covered by one or more claims of Bandspeed’s
`
`Patents.
`
`13.
`
`Defendant manufactures, provides, sells, offers for sale, imports, and/or distributes
`
`infringing products and services; and/or induces others to make and use its products and services
`
`in an infringing manner; and/or contributes to the making and use of infringing products and
`
`services by others, including its customers, who directly infringe the Patents.
`
`II.
`
`THE PARTIES
`
`14.
`
`Plaintiff Bandspeed is a Texas limited liability company with its principal place of
`
`business located in Austin, Texas.
`
`15.
`
`Upon information and belief, Defendant is a Delaware corporation with its principal
`
`place of business located at 10900-B Stonelake Blvd., Suite 100, Austin, Texas 78759. Upon
`
`information and belief, Defendant is authorized to do business in Texas. Defendant may be served
`
`by serving its registered agent CT Corporation System, 1999 Bryan St., Suite 900, Dallas, Texas
`
`75201-3136.
`
`16.
`
`On March 22, 2014, Microchip Technologies, Inc. announced the acquisition of
`
`ISSC Technologies Corporation. ISSC manufactures, markets, and sells Bluetooth products. ISSC
`
`has ceased to exist as an independently operating entity and is now wholly part of Microchip
`
`Technologies, Inc.
`
`17.
`
`On April 19, 2012, Microchip Technologies, Inc. announced the acquisition of
`
`Roving Networks. Roving networks provides low-power embedded Wi-Fi and Bluetooth
`
`solutions. Roving Networks manufacturers, markets, and sells Bluetooth products. Roving
`
`Networks has ceased to exist as an independently operating entity and is now wholly part of
`
`Microchip Technologies, Inc.
`
`
`
`3
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`18.
`
`Defendant has knowledge of the Patents and the infringing nature of its activities
`
`at least as early as the date when Bandspeed effected service of the Complaint.
`
`III.
`
`JURISDICTION AND VENUE
`
`19.
`
`This is an action for patent infringement arising under the Patent Laws of the United
`
`States, in particular 35 U.S.C. §271, 281, 283, 284, and 285. This Court has jurisdiction over the
`
`subject matter of this action under 28 U.S.C. §1331 and 1338(a).
`
`20.
`
`This Court has personal jurisdiction over Defendant and venue is proper in this
`
`Court pursuant to 28 U.S.C. §1391(b), (c), and 1400.
`
`IV.
`
`PLAINTIFF’S PATENTS
`
`21.
`
`The claims of the Patents describe inventive features and combinations relating to
`
`adaptive frequency hopping and the ability to avoid interference over communications channels
`
`that improved upon prior art systems and methods. In other words, the claims of the Patents
`
`generally describe novel techniques “for selecting sets of communications channels based on
`
`channel performance.” ’418 Patent at 4:49-50.
`
`22.
`
`The Patents improve upon frequency hopping communications systems that existed
`
`at the time of the invention. One problem with frequency hopping communications systems is that
`
`coexistence problems arise between the frequency hopping communications system and non-
`
`frequency hopping communications systems that operate in the same frequency band. While the
`
`frequency hopping communications system hops over the entire frequency band, the non-
`
`frequency hopping communications systems occupy separate parts of the frequency band. When
`
`the frequency hopping communications system hops over part of the frequency band occupied by
`
`a non-frequency hopping communications system, there may be interference between the systems.
`
`Although the use of a frequency hopping protocol helps to lessen the interference problem because
`
`not all of the frequency hopping channels will interfere with other communications systems, there
`
`
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`Case 1:18-cv-00519-LY Document 1 Filed 06/21/18 Page 5 of 60
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`nevertheless remains interference on those channels that coincide with the non-frequency hopping
`
`communications systems. An example of the interference situation is the coexistence problem
`
`between the frequency hopping IEEE 802.15.1 WPAN and the non-frequency hopping IEEE
`
`802.11b Wireless Local Area Network (WLAN) because both share the 2.4 GHz ISM band. ’418
`
`Patent at 2:51-3:2. Interference results in data transmission errors, such as an increase in the bit
`
`error rate (BER) or the loss of data packets, resulting in reduced transmission quality and
`
`performance and the need to retransmit the data. ’418 Patent at 3:17-20.
`
`23.
`
`One approach for managing the coexistence problem is to increase the power used
`
`in the transmissions so that the other interfering system have less of an impact on the system
`
`transmitting at the increased power. However, this increased power approach drains batteries used
`
`by the participants, and thus the required power increase may be impractical. Also, the increased
`
`power approach only benefits the system using the increased power and results in a bigger
`
`interference impact on other systems. ’418 Patent at 3:12-29.
`
`24.
`
`Another approach for managing the coexistence problem is to skip a "bad" channel
`
`that suffers from interference, such as by moving onto the next channel in the sequence or by
`
`jumping to another randomly selected channel. However, this skipping approach does not
`
`necessarily avoid other bad channels because the next channel used may also have an interference
`
`problem. Also, known "bad" and "good" channels may change over time due to the transient nature
`
`of some types of interference. ’418 Patent at 3:30-38.
`
`25.
`
`The claims of the Patents solve the coexistence problem by using a method or
`
`system not conventional at the time of the invention: adaptive frequency hopping. As described in
`
`the Patents, a set of channels is used for communication between devices according to a frequency
`
`hopping (“FH”) protocol. Another set of communications channels is selected in a similar manner
`
`
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`when a specified criterion is satisfied after expiration of a specified length of time, when the
`
`performance of at least one of the channels in the set of channels satisfies another performance
`
`criterion, or when a specified number of the set of channels satisfies yet another performance
`
`criterion. See, e.g., ’608 Patent at 4:64-5:6. “For example, the selection criteria may be to select
`
`the good channels but not the bad channels.” Id. at 6:62-64. The claimed system first selects an
`
`initial set of channels, and then periodically selects sets of channels based on later performance of
`
`the communications channels. Id. at 6:28-30; 4:22-24. The claimed system classifies a
`
`communication channel based on channel performances and one or more classification criteria. Id.
`
`at 15:8-10. “For example, a channel may be classified as ‘good’ or ‘bad’ based on the results of
`
`the channel performance testing by applying one or more performance measurements.” Id. at
`
`15:10-14.
`
`26.
`
`The Patents teach a method or device using a frequency hopping protocol that
`
`“transmits data on one channel, hops to the next channel in the hopping sequence to transmit more
`
`data, and continues by transmitting data on subsequent channels in the hopping sequence.” See,
`
`e.g., ’500 Patent at 2:34-38. “When the FH communications system hops over part of the frequency
`
`band occupied by an NFH [non-frequency hopping] communications system, there may be
`
`interference between the systems.” Id. at 3:33-36. “Interference results in data transmission errors,
`
`such as an increase in the bit error rate (BER) or the loss of data packets, resulting in reduced
`
`transmission quality and performance and the need to retransmit the data.” Id. at 3:58-61. The
`
`invention avoids these problems by testing the plurality of communications channels and using a
`
`subset of channels that have been identified as good after testing for communications between
`
`participants using an adapted hopping sequence. Id. at 12:34-41 and 18:8-12. “Each channel of a
`
`communications system may be tested repeatedly by using master test packet 360 and slave test
`
`
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`Case 1:18-cv-00519-LY Document 1 Filed 06/21/18 Page 7 of 60
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`packet 380 described herein.” Id. at 12:34-36. For example, in a Bluetooth or IEEE 802.15.1 FH
`
`communications system, the frequency hopping rate is 1,600 hops per second, and there are 79
`
`channels. Therefore, in one second, each of the 79 channels may be tested both from the master to
`
`the slave and from the slave to the master 20 times.” Id. at 12:36-41. “[A] master may select the
`
`channels classified as ‘good,’ generate a special packet that identifies the selected set of good
`
`communications channels in the payload, and send the special packet to one or more other
`
`participants in the communications network.” Id. at 18:8-12.
`
`27.
`
`The Patents specifically include a particular embodiment labeled the “referendum”
`
`approach that considers the channel performance as determined by a master and a certain number
`
`of slaves (collectively “participants”). See, e.g., ’624 Patent at 16:47-49. Using the “referendum”
`
`approach, a participant has a vote on whether to use a given channel or not to use the channel. Id.
`
`at 16:65-66. “A certain number of votes (e.g., the ‘passing mark’) is required for the channel to be
`
`judged ‘good’ and therefore available for use by the frequency hopping communications system.”
`
`Id. at 17:5-7.
`
`28.
`
`The invention described in the Patents generally includes a device loading a set of
`
`default channels into a default channel register and a set of good channels into a good channel
`
`register. When a selection kernel addresses a bad channel stored in the default channel register, the
`
`bad channel is replaced by a good channel from the good channel register. See, e.g., ’643 Patent at
`
`20:1-21:14.
`
`A.
`
`29.
`
`V.
`
`DEFENDANT’S ACTS
`
`Infringing Bluetooth Classic (BR/EDR) Products
`
`Defendant manufactures, provides, sells, offers for sale, and/or distributes products
`
`that that use, practice and/or comply with the Bluetooth Core Specification Version 2.0+EDR or
`
`
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`higher and other products that operate in a reasonably similar manner (“Infringing Bluetooth
`
`Classic Products”).
`
`30.
`
`The IS1690 shall be referred to as the “Exemplary Infringing Bluetooth Classic
`
`Product.”
`
`31.
`
`Through its actions, Defendant has infringed the Patents and actively induced
`
`others to infringe and contributed to the infringement by others of the Patents, throughout the
`
`United States.
`
`32.
`
`Adaptive frequency hopping is material to practicing the invention described by the
`
`Patents.
`
`33.
`
`34.
`
`Defendant is an associate member of the Bluetooth Special Interest Group.
`
`Defendant intentionally manufactures and sells Infringing Bluetooth Classic
`
`Products that are designed to provide adaptive frequency hopping in a manner that infringes the
`
`Patents.
`
`35.
`
`On information and belief, Defendant takes steps to test the Infringing Bluetooth
`
`Classic Products to ensure compliance with the Bluetooth Core Specification and to qualify an
`
`Infringing Bluetooth Classic Product for Bluetooth certification.
`
`36.
`
`The Infringing Bluetooth Classic Products are certified as compliant with the
`
`Bluetooth Core Specification Version 2.0+EDR or higher. In connection with compliance, for
`
`qualifying Bluetooth products, Defendant submitted a Core Implementation Compliance
`
`Statement (or Core ICS). The Core ICS requires Defendant to disclose certain product capabilities,
`
`including adaptive frequency hopping (AFH), which is found in Table 26 of the Link Manager
`
`Protocol section.
`
`
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`Case 1:18-cv-00519-LY Document 1 Filed 06/21/18 Page 9 of 60
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`37.
`
`On information and belief, Defendant has submitted Core ICSs that indicate “Yes”
`
`for support of certain features of adaptive frequency hopping that infringe the Patents.
`
`38.
`
`On information and belief, Defendant has certified that the Infringing Bluetooth
`
`Classic Products are compliant with “Adaptive Frequency Hopping Kernel” as defined by Item 2
`
`of the Physical Channel table within the Baseband section of the Implementation Conformance
`
`Statement (ICS). For example, on information and belief, the Exemplary Infringing Bluetooth
`
`Classic Product implements an “Adaptive Frequency Hopping Kernel” as defined by Item 2 of the
`
`Physical Channel table within the Baseband section of the ICS for the Exemplary Infringing
`
`Bluetooth Classic Product.
`
`39.
`
`On information and belief, the Infringing Bluetooth Classic Products implement
`
`“Adaptive Frequency Hopping” as defined by Item 16 of the Supported Features table (i.e., Table
`
`2) within the Link Manager section of the ICS. On information and belief, Defendant has certified
`
`that the Infringing Bluetooth Classic Products are compliant with “Adaptive Frequency Hopping”
`
`as defined by Item 16 of the Supported Features table (i.e., Table 2) within the Link Manager
`
`section of the ICS.
`
`40.
`
`On information and belief, the Exemplary Infringing Bluetooth Classic Product
`
`implements “Adaptive Frequency Hopping” as defined by Item 16 of the Supported Features table
`
`(i.e., Table 2) within the Link Manager section of the ICS for the Exemplary Infringing Bluetooth
`
`Classic Product. On information and belief, Defendant has certified that the Exemplary Infringing
`
`Bluetooth Classic Product is compliant with “Adaptive Frequency Hopping” as defined by Item
`
`16 of the Supported Features table (i.e., Table 2) within the Link Manager section of the ICS for
`
`the Exemplary Infringing Bluetooth Classic Product.
`
`
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`9
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`41.
`
`On information and belief, the Infringing Bluetooth Classic Products implement
`
`“AFH Switch as master” as defined by Item 1 of the Adaptive Frequency Hopping table (i.e., Table
`
`26) within the Link Manager section of the ICS. On information and belief, Defendant has certified
`
`that the Infringing Bluetooth Classic Products are compliant with “AFH Switch as master” as
`
`defined by Item 1 of the Adaptive Frequency Hopping table (i.e., Table 26) within the Link
`
`Manager section of the ICS.
`
`42.
`
`On information and belief, the Exemplary Infringing Bluetooth Classic Product
`
`implements “AFH Switch as master” as defined by Item 1 of the Adaptive Frequency Hopping
`
`table (i.e., Table 26) within the Link Manager section of the ICS for the Exemplary Infringing
`
`Bluetooth Classic Product. On information and belief, Defendant has certified that the Exemplary
`
`Infringing Bluetooth Classic Product is compliant with “AFH Switch as master” as defined by
`
`Item 1 of the Adaptive Frequency Hopping table (i.e., Table 26) within the Link Manager section
`
`of the ICS for the Exemplary Infringing Bluetooth Classic Product.
`
`43.
`
`On information and belief, the Infringing Bluetooth Classic Products include
`
`“Support of Channel Classification” as defined by Item 6 of the Adaptive Frequency Hopping table
`
`(i.e., Table 26) within the Link Manager section of the ICS. On information and belief, Defendant
`
`has certified that the Infringing Bluetooth Classic Products are compliant with “Support of Channel
`
`Classification” as defined by Item 6 of the Adaptive Frequency Hopping table (i.e., Table 26)
`
`within the Link Manager section of the ICS.
`
`44.
`
`On information and belief, the Exemplary Infringing Bluetooth Classic Product
`
`includes “Support of Channel Classification” as defined by Item 6 of the Adaptive Frequency
`
`Hopping table (i.e., Table 26) within the Link Manager section of the ICS for the Exemplary
`
`Infringing Bluetooth Classic Product. On information and belief, Defendant has certified that the
`
`
`
`10
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`Exemplary Infringing Bluetooth Classic Product is compliant with “Support of Channel
`
`Classification” as defined by Item 6 of the Adaptive Frequency Hopping table (i.e., Table 26)
`
`within the Link Manager section of the ICS for the Exemplary Infringing Bluetooth Classic
`
`Product.
`
`45.
`
`On information and belief, the Infringing Bluetooth Classic Products implement
`
`“Power Control” as defined by Item 10 of the Supported Features table (i.e., Table 2) within the
`
`Link Manager section of the ICS. On information and belief, Defendant has certified that the
`
`Infringing Bluetooth Classic Products are compliant with “Power Control” as defined by Item 10
`
`of the Supported Features table (i.e., Table 2) within the Link Manager section of the ICS.
`
`46.
`
`On information and belief, the Exemplary Infringing Bluetooth Classic Product
`
`implements “Power Control” as defined by Item 10 of the Supported Features table (i.e., Table 2)
`
`within the Link Manager section of the ICS for the Exemplary Infringing Bluetooth Classic
`
`Product. On information and belief, Defendant has certified that the Exemplary Infringing
`
`Bluetooth Classic Product is compliant with “Power Control” as defined by Item 10 of the
`
`Supported Features table (i.e., Table 2) within the Link Manager section of the ICS for the
`
`Exemplary Infringing Bluetooth Classic Product.
`
`47.
`
`On information and belief, the Infringing Bluetooth Classic Products implement
`
`“Enhanced Power Control” as defined by Item 20 of the Supported Features table (i.e., Table 2)
`
`within the Link Manager section of the ICS. On information and belief, Defendant has certified
`
`that the Infringing Bluetooth Classic Products are compliant with “Enhanced Power Control” as
`
`defined by Item 20 of the Supported Features table (i.e., Table 2) within the Link Manager section
`
`of the ICS.
`
`
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`48.
`
`On information and belief, the Exemplary Infringing Bluetooth Classic Product
`
`implements “Enhanced Power Control” as defined by Item 20 of the Supported Features table (i.e.,
`
`Table 2) within the Link Manager section of the ICS for the Exemplary Infringing Bluetooth
`
`Classic Product.
`
`49.
`
`On information and belief, Defendant has certified that the Exemplary Infringing
`
`Bluetooth Classic Product is compliant with “Enhanced Power Control” as defined by Item 20 of
`
`the Supported Features table (i.e., Table 2) within the Link Manager section of the ICS for the
`
`Exemplary Infringing Bluetooth Classic Product.
`
`50.
`
`The Infringing Bluetooth Classic Products are capable of performing adaptive
`
`frequency hopping.
`
`51.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of performing
`
`adaptive frequency hopping.
`
`52.
`
`The Infringing Bluetooth Classic Products are capable of operating in the 2.4 GHz
`
`ISM frequency band.
`
`53.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of operating in the
`
`2.4 GHz ISM frequency band.
`
`54.
`
`The Infringing Bluetooth Classic Products are capable of participating in Bluetooth
`
`piconets with one or more other devices.
`
`55.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of participating in
`
`Bluetooth piconets with one or more other devices.
`
`56.
`
`The Infringing Bluetooth Classic Products are capable of transmitting data packets
`
`to other devices.
`
`
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`57.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of transmitting data
`
`packets to other devices.
`
`58.
`
`The Infringing Bluetooth Classic Products are capable of receiving data packets
`
`from other devices.
`
`59.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of receiving data
`
`packets from other devices.
`
`60.
`
`The Infringing Bluetooth Classic Products are capable of transmitting and/or
`
`receiving data packets on multiple frequencies.
`
`61.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of transmitting
`
`and/or receiving data packets on multiple frequencies.
`
`62.
`
`The Infringing Bluetooth Classic Products are capable of transmitting and/or
`
`receiving data packets using a sequence of fewer than the total number of frequencies in the
`
`available band for a particular period of time.
`
`63.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of transmitting
`
`and/or receiving data packets using a sequence of fewer than the total number of frequencies in
`
`the available band for a particular period of time.
`
`64.
`
`The Infringing Bluetooth Classic Products are capable of transmitting and/or
`
`receiving data in defined time slots.
`
`65.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of transmitting
`
`and/or receiving data in defined time slots.
`
`66.
`
`The Infringing Bluetooth Classic Products are capable of changing the set of
`
`channels on which they transmit and/or receive data packets with other devices in a particular
`
`piconet during the connection lifetime of that piconet.
`
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`Case 1:18-cv-00519-LY Document 1 Filed 06/21/18 Page 14 of 60
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`67.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of changing the set
`
`of channels on which they transmit and/or receive data packets with other devices in a particular
`
`piconet during the connection lifetime of that piconet.
`
`68.
`
`The Infringing Bluetooth Classic Products are capable of sending and/or receiving
`
`the LMP_set_AFH PDU (packet data unit) or functional equivalent as it is defined in the Bluetooth
`
`Core Specification version 2.0+EDR.
`
`69.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of sending and/or
`
`receiving the LMP_set_AFH PDU or functional equivalent as it is defined in the Bluetooth Core
`
`Specification version 2.0+EDR.
`
`70.
`
`The Infringing Bluetooth Classic Products are capable of sending and/or receiving
`
`any packet that includes the AFH_Instant parameter or functional equivalent as it is defined in the
`
`Bluetooth Core Specification version 2.0+EDR.
`
`71.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of sending and/or
`
`receiving any packet that includes the AFH_Instant parameter or functional equivalent as it is
`
`defined in the Bluetooth Core Specification version 2.0+EDR.
`
`72.
`
`The Infringing Bluetooth Classic Products are capable of sending and/or receiving
`
`data packets that include the AFH_Channel_Map parameter or functional equivalent as it is
`
`defined in the Bluetooth Core Specification version 2.0+EDR.
`
`73.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of sending and/or
`
`receiving data packets that include the AFH_Channel_Map parameter or functional equivalent as
`
`it is defined in the Bluetooth Core Specification Version 2.0+EDR.
`
`
`
`14
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`Case 1:18-cv-00519-LY Document 1 Filed 06/21/18 Page 15 of 60
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`74.
`
`The Infringing Bluetooth Classic Products are capable of selecting channels for
`
`transmission of data using the basic hop selection kernel in conformance with the Bluetooth Core
`
`Specification Version 2.0+EDR.
`
`75.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of selecting
`
`channels for transmission of data using the basic hop selection kernel in conformance with the
`
`Bluetooth Core Specification Version 2.0+EDR.
`
`76.
`
`The Infringing Bluetooth Classic Products are capable of classifying channels in
`
`the available frequency band as at least used or unused for communication within a particular
`
`piconet at a particular time.
`
`77.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of classifying
`
`channels in the available frequency band as at least used or unused for communication within a
`
`particular piconet at a particular time.
`
`78.
`
`The Infringing Bluetooth Classic Products are capable of using index and/or other
`
`data structures that represent frequency channels.
`
`79.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of using index
`
`and/or other data structures that represent frequency channels.
`
`80.
`
`The Infringing Bluetooth Classic Products are capable of using one or more
`
`registers or functionally equivalent data structures to store representations of frequency channels.
`
`81.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of using one or
`
`more registers or functionally equivalent data structures to store representations of frequency
`
`channels.
`
`82.
`
`The Infringing Bluetooth Classic Products are capable of using one or more
`
`remapping and/or substitution functions to select a channel for transmission of data.
`
`
`
`15
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`Case 1:18-cv-00519-LY Document 1 Filed 06/21/18 Page 16 of 60
`
`83.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of using one or
`
`more remapping and/or substitution functions to select a channel for transmission of data.
`
`84.
`
`The Infringing Bluetooth Classic Products are capable of using one or more
`
`reindexing and/or substitution operations to select a channel for transmission of data.
`
`85.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of using one or
`
`more reindexing and/or substitution operations to select a channel for transmission of data.
`
`86.
`
`The Infringing Bluetooth Classic Products are capable of representing a channel’s
`
`status as at least good, bad, and/or unknown for transmission using a single bit.
`
`87.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of representing a
`
`channel’s status as at least good, bad, and/or unknown for transmission using a single bit.
`
`88.
`
`The Infringing Bluetooth Classic Products are capable of representing a channel’s
`
`status as at least used or unused for transmission using a single bit.
`
`89.
`
`The Exemplary Infringing Bluetooth Classic Product is capable of representing a
`
`channel’s status as at least used or unused for transmission using a single bit.
`
`90.
`
`Certain of Defendant’s customers request, require, and/or engage features and
`
`capabilities, including adaptive frequency hopping, that comply with the Bluetooth Core
`
`Specification, and Defendant markets and advertises one or more of its Infringing Bluetooth
`
`Classic Products’ compliance with the Bluetooth Core Specification regarding such features and
`
`capabilities.
`
`91.
`
`Defendant
`
`sells
`
`the Microchip
`
`IS1690
`
`on
`
`its
`
`website.
`
`https://www.microchip.com/wwwproducts/en/IS1690.
`
`
`
`
`
`16
`
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`Case 1:18-cv-00519-LY Document 1 Filed 06/21/18 Page 17 of 60
`
`
`
`
`
`https://www.microchip.com/wwwproducts/en/IS1690.
`
`
`92.
`
`Defendant markets the IS1690 as “[c]ompliant with Bluetooth Specification v.3.0
`
`+EDR in 2.4 GHz ISM band.” Id.
`
`93.
`
`The IS1690S is backward compatible to Bluetooth 2.0 or 1.2 systems. Defendant
`
`markets and instructs its users about the IS1690S as follows: “IS1690S multi-speaker stereo audio
`
`chip is a compact, highly integrated, CMOS single-chip RF and baseband IC for Bluetooth v3.0
`
`with Enhanced Data Rate 2.4GHz applications. This chip is fully compliant with Bluetooth
`
`specification and completely backward-compatible with Bluetooth 2.0 or 1.2 systems.”
`
`http://ww1.microchip.com/downloads/en/DeviceDoc/IS1690_DataSheet.pdf.
`
`94.
`
`Defendant instructs users to use Bluetooth functionality of the IS-1690 including
`
`by stating on its website that “[t]he IS1690 multi-speaker stereo audio chip is a compact, highly
`
`integrated, CMOS single-chip RF and baseband IC for Bluetooth v3.0 +EDR 2.4 GHz applications.
`
`http://ww1.microchip.com/downloads/en/DeviceDoc/IS1690_DataSheet.pdf. Defendant further
`
`induces its customers to infringe the Patents by instructing its users to use adaptive frequency
`
`
`
`17
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`Case 1:18-cv-00519-LY Document 1 Filed 06/21/18 Page 18 of 60
`
`hopping to avoid occupied RF channels. “Adaptive Frequency Hopping (AFH) avoids occupied
`
`RF channels.” See id.
`
`95.
`
`Defendant induces its customers to infringe and contributes to such infringement
`
`by instructing or specifying that its customers install infringing integrated circuits such that the
`
`Infringing Bluetooth Classic Products operate in an infringing manner. Defendant specifies that
`
`the Infringing Bluetooth Classic Products operate in an infringing manner by providing source
`
`code or firmware on the integrated circuit that causes it to operate in an infringing manner.
`
`96.
`
`The normal, intended operation of the Infringing Bluetooth Classic Products is to
`
`provide certain capabilities and features, including adaptive frequency hopping, in compliance
`
`with Version 1.2 or later of the Bluetooth Core Specification, that infringe the Patents. The
`
`Infringing Products therefore have no substantial non-infringing uses.
`
`97.
`
`Therefore, Defendant induces its customers to directly infringe or contribute to the
`
`direct infringement of its customers.
`
`98.
`
`Bandspeed has been and will continue to suffer damages as a result of Defendant’s
`
`infringing acts.
`
`B.
`
`99.
`
`Infringing Bluetooth Low Energy Products
`
`Defendant manufactures, provides, sells, offers for sale, and/or distributes
`
`infringing products, such as integrated circuits, or a set of integrated circuits for wireless
`
`communications devices, that use, practice and/or comply with the Bluetooth low energy protocol
`
`as described in Ve