Case 1:21-cv-00430-LY Document 1 Filed 05/14/21 Page 1 of 71
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`BANDSPEED, LLC,
`
`Plaintiff,
`
`v.
`
`BROADCOM INTEGRATED CIRCUIT
`(SHANGHAI) CO., LTD. D/B/A BEKEN
`CORPORATION,
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CASE NO. 1:21-cv-430
`
`Defendant.
`
`COMPLAINT
`
`Plaintiff Bandspeed, LLC (“Bandspeed”), by and through its attorneys, files its Complaint
`
`against defendant Broadcom Integrated Circuit (Shanghai) Co., Ltd. d/b/a Beken Corporation
`
`(“Defendant” or “Beken Corp.”), 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.”
`
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`4.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
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`No. 7,570,614 (“the ’614 patent”), issued on August 4, 2009 for “Approach for Managing
`
`Communications Channels Based on Performance.”
`
`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.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 10,602,528 (’528 Patent), issued on March 24, 2020 for “Approach for Managing the Use of
`
`Communication Channels Based on Performance.”
`
`
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`11.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 10,791,565 (’565 Patent), issued on September 29, 2020 for “Approach for Managing the Use
`
`of Communications Channels Based on Performance.”
`
`12.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 10,887,893 (“the ’893 Patent”), issued on January 5, 2021 for “Approach for Managing the
`
`Use of Communications Channels Based on Performance.”
`
`13.
`
`Bandspeed is the owner of all right, title, and interest in and to United States Patent
`
`No. 10,999,856 (the ’856 Patent”), issued on May 4, 2021 for “Approach for Managing the Use of
`
`Communications Channels Based on Performance.”
`
`14.
`
`The ’418 Patent, ’624 Patent, ’614 Patent,’608 Patent, ’643 Patent, ’500 Patent,
`
`’769 Patent, ’520 Patent, ’528 Patent, ’565 Patent, ’893 Patent, and ’856 Patent are, collectively,
`
`the “Bluetooth Classic Patents.”
`
`15.
`
`The ’608 Patent, ’643 Patent, ’500 Patent, ’769 Patent, ’520 Patent, ’528 Patent,
`
`’565 Patent, ’893 Patent, and ’856 Patent are, collectively, the “LE Patents.”
`
`16.
`
`17.
`
`The Bluetooth Classic Patents and the LE Patents are, collectively, the “Patents.”
`
`Bandspeed has all substantial right and interest to the Patents, including all rights
`
`to recover for all past and future infringement thereof.
`
`18.
`
`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
`
`boundaries of the United States and the State of Texas, products that are covered by one or more
`
`claims of Bandspeed’s Patents and inducing such conduct by others.
`
`
`
`3
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`Case 1:21-cv-00430-LY Document 1 Filed 05/14/21 Page 4 of 71
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`19.
`
`Defendant manufactures, provides, sells, offers for sale, imports, and/or distributes
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`Infringing Products (as defined herein) and services; and/or induces others to make and use of its
`
`Infringing 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
`
`20.
`
`Plaintiff Bandspeed is a Texas limited liability company with its principal place of
`
`business located in Austin, Texas.
`
`21.
`
`Upon information and belief, Defendant Beken Corp. is a corporation organized
`
`and existing under the laws of China, with a principal place of business located at Building 41,
`
`Capital of Science and Technology Leaders, 1387 Zhangdong Road, Zhangjiang Hi-Tech Park,
`
`Pudong New Area, Shanghai, China 201203, where it may be served with process.
`
`22.
`
`Defendant manufactures and distributes electronics. Defendant, either itself and/or
`
`through the activities of its subsidiaries or agents, makes, uses, sells, offers for sale, and/or imports
`
`throughout the United States, including within this District, products, such as electronics,
`
`semiconductor devices, and integrated circuits, that infringe the Patents, defined below.
`
`III.
`
`JURISDICTION AND VENUE
`
`23.
`
`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
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`subject matter of this action under 28 U.S.C. §1331 and 1338(a). Alternatively, this Court has
`
`jurisdiction over Defendant under Fed. R. Civ P. 4(k)(2) (“Federal Claim Outside State-Court
`
`Jurisdiction”).
`
`24.
`
`Upon information and belief, Defendant is subject to this Court’s personal
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`jurisdiction pursuant to due process and/or the Texas Long Arm Statute, Tex. Civ. Prac. & Rem.
`
`
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`Code § 17.042, because (1) Defendant has done and continues to do business in Texas and the
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`Western District of Texas; (2) Defendant has committed and continues to commit acts of patent
`
`infringement in the State of Texas, including making, using, offering to sell, and/or selling accused
`
`products in Texas, and/or importing accused products into Texas, inducing others to commit acts
`
`of patent infringement in Texas, and/or committing at least a portion of any other infringements
`
`alleged herein.
`
`25.
`
`Upon information and belief, Defendant has purposefully directed its activities
`
`toward the State of Texas and purposefully availed itself of the privileges of conducting activities
`
`in the State of Texas. Plaintiff’s causes of action for patent infringement arise out of and result
`
`from Defendant’s contact with the State of Texas.
`
`26.
`
`Upon information and belief, Defendant has solicited business in the State of Texas,
`
`transacted business within the State of Texas and/or attempted to derive financial benefit from
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`residents of the State of Texas and the residents of this District, including benefits directly related
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`to infringement of the Patents. Defendant has placed its products and/or services into the stream
`
`of commerce throughout the United States and has been actively engaged in transacting business
`
`in Texas and in the Western District of Texas.
`
`27.
`
`Upon information and belief, Defendant, directly and/or through subsidiaries or
`
`intermediaries (including distributors, retailers, resellers and others), makes, imports, ships,
`
`distributes, offers for sale, sells, uses, and advertises its products and/or services in the United
`
`States, the State of Texas, and the Western District of Texas.
`
`28.
`
`Upon information and belief, Defendant has purposefully and voluntarily placed
`
`infringing Bluetooth products into the stream of commerce by shipping Infringing Products
`
`through established distribution channels into the State of Texas, knowing or expecting that the
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`Infringing Products would be shipped into Texas, and/or knowing or expecting that these
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`Infringing Products would be incorporated into other products that would be shipped into Texas
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`and would be purchased and used by customers in the State of Texas and the Western District of
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`Texas.
`
`29.
`
`Upon information and belief, Defendant interacts with subsidiaries, distributors,
`
`resellers and/or customers who sell the Infringing Products into Texas, knowing or expecting that
`
`these subsidiaries, distributors, resellers and/or customers will then sell the Infringing Products
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`into the State of Texas, either directly or through intermediaries.
`
`30.
`
`The Court’s exercise of personal jurisdiction over Defendant would not offend
`
`traditional notions of fair play and substantial justice because Defendant has established minimum
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`contacts with the State of Texas.
`
`31.
`
`Venue in the Western District of Texas is proper pursuant to 28 U.S.C. §§ 139l
`
`(c)(3) which provides that “a defendant not resident in the United States may be sued in any judicial
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`district, and the joinder of such a defendant shall be disregarded in determining where the action
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`may be brought with respect to other defendants.”
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`32.
`
`This District is familiar with the technology of the Patents and has presided over
`
`several lawsuits involving one or more of the Patents.
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`IV. NOTICE
`
`33.
`
`On September 23, 2020, Bandspeed sent a letter to Defendant notifying Defendant
`
`of its current patent portfolio and the nature of Defendant’s infringing activities (the “Notice
`
`Letter”). Defendant’s counsel responded by email on October 19, 2020.
`
`34.
`
`As new patents issued to Bandspeed, counsel for Bandspeed supplemented its
`
`original Notice Letter to Defendant with two (2) additional notice letters sent via email to
`
`Defendant’s counsel on February 23, 2021 and March 26, 2021.
`
`
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`6
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`35.
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`Additionally, Defendant had knowledge of the Patents and the infringing conduct
`
`as early as the date when Bandspeed effected service of the Complaint.
`
`V.
`
` PLAINTIFF’S PATENTS
`
`36.
`
`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.
`
`37.
`
`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.
`
`38.
`
`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
`
`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
`
`
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`the communications channels. Id. at 6:28-30; 4:22-24. The claimed system classifies a
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`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
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`15:10-14.
`
`39.
`
`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
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`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.
`
`VI. DEFENDANT’S ACTS
`
`40.
`
`Defendant manufactures, provides, sells, uses, imports, supplies, 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 Core
`
`Specification Version 2.0+EDR or higher, and other products that operate in a reasonably similar
`
`manner (“Infringing Bluetooth Classic Products”). The Infringing Bluetooth Classic Products
`
`infringe the ’418 Patent, ’624 Patent, ’614 Patent,’608 Patent, ’643 Patent, ’500 Patent, ’769
`
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`Case 1:21-cv-00430-LY Document 1 Filed 05/14/21 Page 9 of 71
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`Patent, ’520 Patent, ’528 Patent, ’565 Patent, ’893 Patent, and ’856 Patent (“Bluetooth Classic
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`Patents”).
`
`41.
`
`Defendant also manufactures, provides, sells, uses, imports, supplies, 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 Version 4.0 and any later version of the Bluetooth Core
`
`Specification, and other products that operate in a reasonably similar manner (“Infringing
`
`Bluetooth LE Products”). The Infringing Bluetooth LE Products infringe the ’608 Patent, ’643
`
`Patent, ’500 Patent, ’769 Patent, ’520 Patent, ’528 Patent, ’565 Patent, ’893 Patent, and ’856 Patent
`
`(“LE Patents”).
`
`42.
`
`The Infringing Bluetooth Classic Products and the Infringing Bluetooth LE
`
`Products are collectively referred to as the “Infringing Products.”
`
`43.
`
`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 and in the State of Texas.
`
`44.
`
`Upon information and belief, Defendant takes steps to test the Infringing Products
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`to ensure compliance with the relevant Bluetooth Core Specification and to qualify the Infringing
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`Products for Bluetooth certification.
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`45.
`
`Upon information and belief, Defendant certifies to the Bluetooth Special Interest
`
`Group (“Bluetooth SIG”) that Infringing Bluetooth Classic Products are compliant with the
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`Bluetooth Core Specification Version 2.0+EDR or higher.
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`46.
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`Upon information and belief, Defendant certifies to the Bluetooth SIG that
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`Infringing Bluetooth LE Products are compliant with the Bluetooth Core Specification Version 4.0
`
`or higher.
`
`47.
`
`Using established channels and chains of distribution, Defendant provides
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`Infringing Products to be used as components in a variety of end-products that are made, used,
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`sold, and/or imported into the United States. Defendant knew, should have known, expected, or
`
`should have expected that by purposefully placing Infringing Products into the stream of
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`commerce those Infringing Products would be imported into, sold, and used in the United States
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`and the State of Texas.
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`48.
`
`For example, Defendant provides Infringing Products to be used as components in
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`a variety of end-products sold, used, and/or imported in the United States and the State of Texas
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`by KIDdesigns, Inc., a division of SDI Electronics, Inc. (“KIDdesigns”).
`
`49.
`
`KIDdesigns sells, uses, and/or imports in the United States and the State of Texas
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`numerous end-products that use Defendant’s Infringing Products as components. For example,
`
`the KIDdesigns Batman Bluetooth Headphones, model no. BM-B52 (“BM-B52”) incorporates
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`Beken Corp.’s BK3266 Bluetooth chip. The Beken Corp. BK3266 infringes the Bandspeed
`
`Patents.
`
`50.
`
`Upon information and belief, KIDdesigns certified to the Bluetooth SIG that the
`
`KIDdesigns BM-B52 incorporates Beken Corp.’s BK3266 Bluetooth chip.
`
`51.
`
`After performing a teardown of the KIDdesigns BM-B52, counsel for Bandspeed
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`confirmed KIDdesigns’ use of the Beken Corp. BK3266.
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`52.
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`Upon information and belief, Defendant certified to the Bluetooth SIG that the
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`Beken Corp. BK3266 chip series is compliant with Bluetooth Core Specification 5.0.
`
`53.
`
`Defendant currently advertises the Beken Corp. BK3266 on its website as follows:
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`http://www.bekencorp.com/index/goods/detail/cid/27.html, p. 1.
`
`
`54.
`
`Beken Corp. markets the Bluetooth capabilities of the Beken Corp. BK3266 and
`
`
`
`encourages and instructs users of the Beken Corp. BK3266 to use the infringing Beken Corp.
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`BK3266 in an infringing manner.
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`BK3266 Datasheet, p. 18.
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`
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`
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`55.
`
`Defendant further instructs users of the Beken Corp. BK3266 to use the infringing
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`Beken Corp. BK3266 in an infringing manner as follows:
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`http://www.bekencorp.com/index/plan/plan.html?cid=15, p. 1.
`
`
`56.
`
`Upon information and belief, Best Buy, a large retailer with locations throughout
`
`
`
`the United States, including in the State of in Texas and in this District, currently sells and has sold
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`the KIDdesigns BM-B52 containing the infringing Beken Corp. BK3266 to customers in the
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`United States, to customers in the State of Texas, and to customers within this District.
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`
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`57.
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`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.
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`58.
`
`Upon information and belief, certain of Defendant’s customers request, require,
`
`and/or engage features and capabilities, including adaptive frequency hopping, that comply with
`
`the Bluetooth Core Specification. Defendant markets and advertises one or more of its Infringing
`
`Products’ compliance with the Bluetooth Core Specification regarding such features and
`
`capabilities.
`
`59.
`
`Upon information and belief, Defendant’s customers follow the instructions
`
`provided by Defendant to activate the Bluetooth functionality in the Infringing Products, and
`
`therefore Defendant intends for its customers to use the Infringing Products in a manner that
`
`infringes the Patents.
`
`60.
`
`Defendant directs and controls its customers to use Bluetooth functionality in an
`
`infringing manner by providing instructions to set up, engage, and use infringing Bluetooth
`
`functionality in the Infringing Products.
`
`61.
`
`Defendant induces its customers to infringe and contributes to such infringement
`
`by instructing or specifying that its customers engage Bluetooth functionality such that the
`
`Infringing Products operate in an infringing manner. Defendant specifies that the Infringing
`
`Products operate in an infringing manner by providing source code or firmware on the integrated
`
`circuit that causes the Infringing Products to operate in an infringing manner, and/or provides
`
`SDKs and driver software that causes Infringing Products to operate in an infringing manner.
`
`62.
`
`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 2.0 or later of the Bluetooth Core Specification, that infringe the Patents. The
`
`Infringing Bluetooth Classic Products therefore have no substantial non-infringing uses.
`
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`63.
`
`The normal, intended operation of the Infringing Bluetooth LE Products is to
`
`provide certain capabilities and features that infringe the LE Patents, including Bluetooth Low
`
`Energy capabilities and features in compliance with Version 4.0 or later of the Bluetooth Core
`
`Specification. The Infringing Bluetooth LE Products have no substantial non-infringing uses.
`
`64.
`
`Therefore, Defendant induces its customers to directly infringe or contributes to the
`
`direct infringement of its customers.
`
`65.
`
`Bandspeed has been and will continue to suffer damages as a result of Defendant’s
`
`infringing acts.
`
`COUNT ONE
`
`PATENT INFRINGEMENT – U.S. PATENT NO. 7,027,418
`(AGAINST INFRINGING BLUETOOTH CLASSIC PRODUCTS)
`
`Bandspeed realleges and incorporates preceding paragraphs herein.
`
`Direct Infringement (35 U.S.C. § 271(a))
`
`Upon information and belief, Defendant has directly infringed, and continues to
`
`66.
`
`A.
`
`67.
`
`directly infringe, individually and/or jointly with others, one or more claims of the ’418 Patent by,
`
`among other things, making, using, offering for sale, selling, and/or importing Infringing Bluetooth
`
`Classic Products.
`
`68.
`
`For example, claim 5 of the ‘418 Patent states:
`
`1. A method for selecting communications channels for a communications system, the method
`comprising the computer-implemented steps of:
`
`selecting, based upon performance of a plurality of communications channels at a first time
`and channel selection criteria, a first set of two or more communications channels from the
`plurality of communications channels;
`
`selecting, based upon performance of the plurality of communications channels at a second
`time that is later than the first time and the channel selection criteria, a second set of two
`or more communications channels from the plurality of communications channels;
`
`
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`15
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`Case 1:21-cv-00430-LY Document 1 Filed 05/14/21 Page 16 of 71
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`wherein the communications system is a frequency hopping communications system and
`the plurality of communications channels correspond to a set of frequencies to be used
`based on a hopping sequence according to a frequency hopping protocol; and
`
`wherein at each hop in the hopping sequence, only one communications channel is used
`for communications between a pair of participants.
`
`5. The method as recited in claim 1, further comprising the steps of:
`
`generating first channel identification data that identifies the first set of two or more
`communications channels;
`
`transmitting the first channel identification data to one or more participants in the
`communications system over one communications channel of the plurality of
`communications channels based on the hopping sequence according to the frequency
`hopping protocol;
`
`generating second channel identification data that identifies the second set of two or more
`communications channels; and
`
`transmitting the second channel identification data to one or more participants in the
`communications system over one communications channel of the plurality of
`communications channels based on the hopping sequence according to the frequency
`hopping protocol.
`
`69.
`
`Defendant’s Infringing Bluetooth Classic Products meet each and every claim
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`limitation of claim 5 of the ’418 Patent, as well as other claims of the ’418 Patent.
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`70.
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`Defendant jointly infringes the ’418 Patent to the extent that the acts necessary to
`
`give rise to liability for direct infringement are shared between Defendant and a third party but can
`
`be legally attributed to Defendant. Defendant conditions participation in an activity or receipt of a
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`benefit upon performance of a step or steps of a patented method and establishes the manner or
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`timing of that performance.
`
`71.
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`Specifically, Defendant provides third-parties, including customers and/or end-
`
`users, with Infringing Bluetooth Classic Products. Defendant directs and controls its customers to
`
`use Bluetooth functionality in an infringing manner by providing user manuals containing
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`instructions about how to activate, pair, set up and engage infringing Bluetooth functionality in the
`
`
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`16
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`Case 1:21-cv-00430-LY Document 1 Filed 05/14/21 Page 17 of 71
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`Infringing Bluetooth Classic Products. When an Infringing Bluetooth Classic Product is engaged
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`to use Bluetooth functionality in the manner designed and established by Defendant, the
`
`performance of the infringing functionality occurs. Defendant dictates when and how infringement
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`occurs by virtue of providing software and hardware in the Infringing Bluetooth Classic Products
`
`that dictate when and how the performance of the infringing functionality occurs.
`
`B.
`
`72.
`
`Indirect Infringement (Inducement - 35 U.S.C. § 271(b))
`
`Defendant has indirectly infringed and continues to indirectly infringe, the ’418
`
`Patent by inducing direct infringement of the ’418 Patent by third parties, including Defendant’s
`
`customers, including without limitation manufacturers, resellers, and/or end users of the products
`
`that contain Infringing Bluetooth Classic Products in this District and elsewhere in the United
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`States.
`
`73.
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`Upon information and belief, despite having knowledge of the ’418 Patent,
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`Defendant has specifically intended for persons who acquire and use the Infringing Bluetooth
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`Classic Products, including without limitation end-users of the Infringing Bluetooth Classic
`
`Products, to acquire and use such devices in such a way that infringes one or more claims of the
`
`’418 Patent.
`
`74.
`
`75.
`
`Defendant knew or should have known that its actions were inducing infringement.
`
`Defendant actually knew of, or was willfully blind to the ’418 Patent and the
`
`infringing nature of its activities when it received the Notice Letter on October 5, 2020 or at least
`
`as early as the date when Plaintiff effected service of the original Complaint.
`
`76.
`
`Direct infringement is the result of activities performed by third parties, including
`
`Defendant’s customers, in relation to the Infringing Bluetooth Classic Products, including without
`
`limitation by third parties, including Defendant’s customers, enabled and encouraged by
`
`
`
`17
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`

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`Case 1:21-cv-00430-LY Document 1 Filed 05/14/21 Page 18 of 71
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`Defendant to use the Infringing Bluetooth Classic Products in their normal, customary way to
`
`infringe the ’418 Patent.
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`77. With knowledge of the ’418 Patent, Defendant directs and aids third parties to
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`infringe the ’418 Patent by, among other things, (i) enabling a user of the Infringing Bluetooth
`
`Classic Products to use adaptive frequency hopping and associated functionality in Version 1.2
`
`and any later version of the Bluetooth Core Specification; (ii) providing instructions (including,
`
`by way of example, the tutorials, user guides, product guides, help library, and other
`
`documentation) to third parties for using the Infringing Bluetooth Classic Products in their
`
`customary way; (iii) advertising the Infringing Bluetooth Classic Products’ support and
`
`compliance with the Bluetooth Core Specification; and (iv) providing to third parties the products
`
`and software and related equipment that may be required for or associated with infringement of
`
`the ’418 Patent, all with knowledge that the induced acts constitute patent infringement.
`
`78.
`
`Defendant possesses specific intent to encourage infringement by third parties,
`
`including Defendant’s customers and end users of the Infringing Bluetooth Classic Products.
`
`C.
`
`79.
`
`Indirect Infringement (Contribution - 35 U.S.C. §§ 271(c) and/or 271(f))
`
`Defendant has indirectly infringed and continues to indirectly infringe one or more
`
`claims of the ’418 patent by contributing to the infringement of the ’418 patent under 35 U.S.C. §
`
`271(c) and/or 271(f), either literally and/or under the doctrine of equivalents, by selling, offering
`
`for sale, and/or importing into the United States, the Infringing Bluetooth Classic Products.
`
`80.
`
`Defendant has knowledge of the ’418 Patent by virtue of the Notice Letter and the
`
`Complaint.
`
`81.
`
`Defendant sells, or offers to sell, a component of a patented combination or
`
`material, and more specifically, components used for or in systems that use the adaptive frequency
`
`hopping communication functionality as described in Version 1.2 and later versions of the
`
`
`
`18
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`Case 1:21-cv-00430-LY Document 1 Filed 05/14/21 Page 19 of 71
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`Bluetooth Core Specification, and other infringing Bluetooth functionality. The infringing
`
`Bluetooth functionality in the Infringing Bluetooth Classic Products constitutes a material part of
`
`the inventions claimed in the ’418 Patent. The combination of hardware and software used to
`
`provide Bluetooth functionality in the Infringing Bluetooth Classic Products is especially made or
`
`adapted to infringe the ’418 Patent. Moreover, the Bluetooth combination of hardware and
`
`software used in the Infringing Bluetooth Classic Products are specially designed such that the
`
`infringing Bluetooth functionality has no non-infringing use, and therefore are not staple articles
`
`or commodities of commerce suitable for non-infringing use.
`
`82.
`
`Bandspeed is informed and believes that Defendant intends to and will continue to
`
`directly and indirectly infringe the ’418 Patent. Bandspeed has been damaged as a result of
`
`Defendant’s infringing conduct described in this Count. Defendant is, thus, liable to Bandspeed in
`
`an amount that adequately compensates Bandspeed for its infringement.
`
`COUNT TWO
`
`PATENT INFRINGEMENT – U.S. PATENT NO. 7,477,624
`(AGAINST INFRINGING BLUETOOTH CLASSIC PRODUCTS)
`
`Bandspeed realleges and incorporates the preceding paragraphs herein.
`
`Direct Infringement (35 U.S.C. § 271(a))
`
`Upon information and belief, Defendant has directly infringed, and continues to
`
`83.
`
`A.
`
`84.
`
`directly infringe, individually and/or jointly with others, one or more claims of the ’624 Patent by,
`
`among other things, making, using, offering for sale, selling, and/or importing Infringing Bluetooth
`
`Classic Products.
`
`85.
`
`For example, claim 15 of the ’624 Patent states:
`
`13. A communications device for use in a network of devices, comprising:
`
`a m