Case 6:21-cv-00622-ADA Document 1 Filed 06/16/21 Page 1 of 73
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`XR COMMUNICATIONS, LLC, dba
`VIVATO TECHNOLOGIES,
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`Plaintiff,
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`Case No.
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`JURY TRIAL DEMANDED
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`v.
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`ASUSTEK COMPUTER INC.
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT AGAINST
`ASUSTEK COMPUTER INC.
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`This is an action for patent infringement arising under the Patent Laws of the United States
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`of America, 35 U.S.C. § 1 et seq., in which Plaintiff XR Communications LLC d/b/a Vivato
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`Technologies (“Plaintiff” or “Vivato”) makes the following allegations against Defendant
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`ASUSTeK Computer Inc. (“Defendant”):
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`INTRODUCTION
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`1.
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`This complaint arises from Defendant’s unlawful infringement of the following
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`United States patents owned by Vivato, each of which generally relate to wireless communications
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`technology: United States Patent Nos. 7,729,728 (the “’728 Patent”), 10,594,376 (the “’376
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`Patent”), and 10,715,235 (the “’235 Patent”) (collectively, the “Asserted Patents”).
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`2.
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`Countless electronic devices today connect to the Internet wirelessly. Beyond just
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`connecting our devices together, wireless networks have become an inseparable part of our lives
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`in our homes, our offices, and our neighborhood coffee shops. In even our most crowded spaces,
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`today’s wireless technology allows all of us to communicate with each other, on our own devices,
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`at virtually the same time. Our connected world would be unrecognizable without the ubiquity of
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`sophisticated wireless networking technology.
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`3.
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`Just a few decades ago, wireless technology of this kind could only be found in
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`science fiction. The underlying science behind wireless communications can be traced back to the
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`development of “wireless telegraphy” in the nineteenth century. Guglielmo Marconi is credited
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`with developing the first practical radio, and in 1896, Guglielmo Marconi was awarded British
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`patent 12039, Improvements in transmitting electrical impulses and signals and in apparatus
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`there-for, the first patent to issue for a Herzian wave-based wireless telegraphic system. Marconi
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`would go on to win the Nobel Prize in Physics in 1909 for his contributions to the field.
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`4.
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`One of Marconi’s preeminent contemporaries was Dr. Karl Ferdinand Braun, who
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`shared the 1909 Nobel Prize in Physics with Marconi. In his Nobel lecture dated December 11,
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`1909, Braun explained that he was inspired to work on wireless technology by Marconi’s own
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`experiments. Braun had observed that the signal strength in Marconi’s radio was limited beyond a
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`certain distance, and wondered why increasing the voltage on Marconi’s radio did not result in a
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`stronger transmission at greater distances. Braun thus dedicated himself to developing wireless
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`devices with a stronger, more effective transmission capability.
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`5.
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`In 1905, Braun invented the first phased array antenna. This phased array antenna
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`featured three antennas carefully positioned relative to one another with a specific phase
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`relationship so that the radio waves output from each antenna could add together to increase
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`radiation in a desired direction. This design allowed Braun’s phased array antenna to transmit a
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`directed signal.
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`6.
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`Building on the fundamental breakthrough that radio transmissions can be directed
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`according to a specific radiation pattern through the use of a phased array antenna, directed
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`wireless communication technology has developed many applications over the years. Braun’s
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`invention of the phased array antenna led to the development of radar, smart antennas, and,
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`eventually, to a technology known as “MIMO,” or “multiple-input, multiple-output” which would
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`ultimately allow a single radio channel to receive and transmit multiple data signals
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`simultaneously. Along the way, engineers have worked tirelessly to overcome successive
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`limitations and roadblocks directed wireless communication technology..
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`7.
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` At the beginning of the twenty-first century, the vast majority of wireless networks still
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`did not yet take advantage of directed wireless communications. Instead, “omnidirectional” access
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`points were ubiquitous. Omnidirectional access points transmit radio waves uniformly around the
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`access point in every direction and do not steer the signal in particular directions. Omnidirectional
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`access points do typically achieve 360 degrees of coverage around the access point, but with a
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`reduced coverage distance. Omnidirectional access points also lack sophisticated approaches to
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`overcome certain types of interference in the environment. As only one example, the presence of
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`solid obstructions, such as a concrete wall, ceiling, or pillar, can limit signal penetration. As
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`another example, interference arises when radio waves are reflected, refracted, or diffracted based
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`on obstacles present between the transmitter and receiver. The multiple paths that radio waves can
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`travel between the transmitter and receiver often result in signal interference that decreases
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`performance, and omnidirectional access points lack advanced solutions to overcome these
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`“multipath” effects.
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`8.
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`Moving from omnidirectional networks to modern networks, has required an
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`additional series advancements that harness the capabilities of directed wireless technology. These
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`advancements range from conceiving various ways to steer and modify radiation patterns, to
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`enhancing the transmission signal power in a desired direction, to suppressing radiation in
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`undesired directions, to minimizing signal “noise,” and then applying these new approaches into
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`communications networks with multiple, heterogeneous, transmitters and receivers.
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`9.
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`Harnessing the capabilities of directed wireless technology resulted in a significant
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`leap forward in the signal strength, reliability, concurrent users, and/or data transmission capability
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`of a wireless network. One of the fundamental building blocks of this latest transition was the
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`development of improvements to MIMO and “beamforming,” which are the subject matter of the
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`patents in this infringement action. The patents in this action resulted from the investment of tens
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`of millions of dollars and years of tireless effort by a group of engineers who built a technology
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`company slightly ahead of its time. Their patented innovations laid the groundwork for today’s
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`networks, and are infringed by Defendants’ accused products.
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`Case 6:21-cv-00622-ADA Document 1 Filed 06/16/21 Page 5 of 73
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`PARTIES
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`10.
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`Plaintiff XR Communications, LLC, d/b/a Vivato Technologies (“Vivato” or
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`“Plaintiff”) is a limited liability company organized and existing under the laws of the State of
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`Delaware with its principal place of business at 2809 Ocean Front Walk, Venice, California
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`90291Vivato is the sole owner by assignment of all right, title, and interest in each Asserted Patent.
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`11.
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`Vivato was founded in 2000 as a $80+ million venture-backed company with
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`several key innovators in the wireless communication field including Siavash Alamouti, Ken Biba,
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`William Crilly, James Brennan, Edward Casas, and Vahid Tarokh, among many others. At that
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`time, and as remains the case today, “Wi-Fi” or “802.11” had become the ubiquitous means of
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`wireless connection to the Internet, integrated into hundreds of millions of mobile devices globally.
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`Vivato was founded to leverage its talent to generate intellectual property and deliver Wi-Fi/802.11
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`wireless connectivity solutions to service the growing demand for bandwidth.
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`12.
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`Vivato has accomplished significant innovations in the field of wireless
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`communications technology. One area of focus at Vivato was the development of advanced
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`wireless systems with sophisticated antenna designs to improve wireless speed, coverage, and
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`reliability. Vivato also focused on designing wireless systems that maximize the efficient use of
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`spectrum and wireless resources for large numbers of connected mobile devices.
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`13.
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`Among many fundamental breakthroughs achieved by Vivato are inventions that
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`allow for intelligent and adaptive beamforming based on up-to-date information about the wireless
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`medium. Through these and many other inventions, Vivato’s engineers pioneered a wireless
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`technology that provides for simultaneous transmission and reception, a significant leap forward
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`over conventional wireless technology.
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`14.
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`Over the years, Vivato has developed proven technology, with over 400
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`deployments globally, including private, public and government, and it has become a recognized
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`provider of extended range Wi-Fi network infrastructure solutions. Vivato's wireless base stations
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`integrate beamforming phased array antenna design with packet steering technology to deliver
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`high-bandwidth extended range connections to serve multiple users and multiple devices.
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`15.
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`Vivato’s patent portfolio includes over 17 issued patents and pending patent
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`applications. The patents at issue in this case are directed to specific aspects of wireless
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`communication, including adaptively steered antenna technology and beam switching technology.
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`16.
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`Defendant ASUSTeK Computer Inc. (“ASUSTeK”)
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`is a publicly-owned
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`corporation organized under the laws of Taiwan, with its principal place of business at No. 15, Li-
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`Teh Rd., Beitou District, Taipei City 112, Taiwan. ASUSTeK does substantial business on an
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`ongoing basis in the United States, including in this State and in this District. On information and
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`belief, ASUSTeK causes and controls the sale, offer for sale, and distribution of its products in the
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`State of Texas and in this District.
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`JURISDICTION AND VENUE
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`17.
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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 § 1, et seq, including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has original
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`subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`18.
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`This Court has personal jurisdiction over Defendant in this action because
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`Defendant has committed acts within this District giving rise to this action, and has established
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`minimum contacts with this forum such that the exercise of jurisdiction over Defendant would not
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`offend traditional notions of fair play and substantial justice. Defendant, directly and through
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`subsidiaries or intermediaries, has committed and continue to commit acts of infringement in this
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`District by, among other things, importing, offering to sell, and selling products that infringe the
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`asserted patents, and inducing others to infringe the asserted patents in this District. Defendant is
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`directly and through intermediaries making, using, selling, offering for sale, distributing,
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`advertising, promoting, and otherwise commercializing its infringing products in this District.
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`Defendant regularly conducts and solicits business in, engages in other persistent courses of
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`conduct in, and/or derives substantial revenue from goods and services provided to the residents
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`of this District and the State of Texas.
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`19.
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`Venue is proper in this District. Venue is proper as to a foreign defendant in any
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`district. 28 U.S.C. § 1391(c)(3); In re HTC Corp., 889 F.3d 1349 (Fed. Cir. 2018). Defendant is a
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`foreign corporation organized under the laws of Taiwan, with a principal place of business in
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`Taiwan. Accordingly, venue is proper in this District over Defendant.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 7,729,728
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`20.
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`Vivato realleges and incorporates by reference the foregoing paragraphs as if fully
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`set forth herein.
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`21.
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`On June 1, 2010, United States Patent No. 7,729,728 (“the ’728 Patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for inventions entitled
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`“Forced Beam Switching in Wireless Communication Systems Having Smart Antennas.” Vivato
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`owns the ’728 Patent and holds the right to sue and recover damages for infringement thereof. A
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`copy of the ’728 Patent is attached hereto as Exhibit A.
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`22.
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`Defendant has directly infringed and continues to directly infringe numerous claims
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`of the ’728 Patent, including at least claim 4, by manufacturing, using, selling, offering to sell,
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`and/or importing into the United States Wi-Fi 6 access points and routers supporting MU-MIMO,
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`including without limitation access points and routers utilizing the IEEE 802.11ax or “Wi-Fi 6”
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`Case 6:21-cv-00622-ADA Document 1 Filed 06/16/21 Page 8 of 73
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`standard (e.g. Defendant’s ASUS RT-AX Series and GT-AX Series of products, including the
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`ASUS RT-AX50, ASUS RT-AX80, and ASUS RT-AX90 Series of products, including for
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`example the ASUS RT-AX55, ASUS RT-AX56U, ASUS RT-AX58U, ASUS RT-AX68U, ASUS
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`RT-AX86U, ASUS RT-AX88U, ASUS RT-AX89U, ASUS RT-AX92U, ASUS RT-AX1800,
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`ASUS RT-AX3000, ASUS RT-AX6000, ASUS RT-AX11000, ASUS ROG Rapture GT-
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`AX11000 Triband Wi-Fi 6, GT-AXE11000, ASUS AiMesh AX6100 WiFi System, CM-AX6000,
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`RP-AX56, ZenWiFi AX6600 XT8, ZenWiFi AX Mini XD4N, ZenWiFi AX Mini XD4R, PCE-
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`AX3000, PCE-AX58BT) (collectively the “’728 Accused Products”). Defendant is liable for
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`infringement of the ’728 Patent pursuant to 35 U.S.C. § 271(a).
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`23.
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`The Accused Products satisfy all claim limitations of Claims 3, 4, 5, and 12 of
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`the ’728 Patent. The following paragraphs compare limitations of Claim 4 to an exemplary ’728
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`Accused Product, the ASUS RT-AX3000.
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`24.
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`Each of the ’728 Accused Products perform a method for use in a wireless
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`communication system. For example, as with each ’728 Accused Product, the ASUS RT-AX3000
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`is used for wireless communications in an IEEE 802.11ax (Wi-Fi 6) wireless network. See, e.g.,
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`ASUS RT-AX3000 Product Specification, 1 which explains that ASUS RT-AX3000 includes
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`“IEEE 802.11ax” Network Standard support with advertised data rates of up to 574 Mbps (2.4
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`GHz) and up to 2402 Mbps (5 GHz). See, e.g., ASUS RT-AX3000 Product Overview,2 which
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`provides: “RT-AX3000 is a 2x2 dual-band Wi-Fi router that provides 160 MHz bandwidth and
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`1 ASUS RT-AX3000 Product Specifications are available on Defendant’s website at
`https://www.asus.com/ca-en/networking-iot-servers/wifi-6/all-series/rt-ax3000/techspec/
`(formerly at http://www.asus.com/ca-en/Networking/RT-AX3000/specifications/).
`2 ASUS RT-AX3000 Product Overview is available on Defendant’s website at
`https://www.asus.com/us/Networking/RT-AX3000/ or https://www.asus.com/ca-en/networking-
`iot-servers/wifi-6/all-series/rt-ax3000/.
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`1024-QAM for dramatically faster wireless connections…[i]n most cases, your RT-AX3000 can
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`deliver smooth, reliable Wi-Fi to every part of your home.”
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`25.
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`The ’728 Accused Products selectively allow a receiving device to operatively
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`associate with a beam downlink transmittable to the receiving device via a phased array antenna
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`of an access point. The ASUS RT-AX3000 is an access point for use in an IEEE 802.11ax wireless
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`network. See, e.g., ASUS RT-AX3000 Product Overview, which provides: “RT-AX3000 is a 2x2
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`dual-band Wi-Fi router that provides 160 MHz bandwidth and 1024-QAM for dramatically faster
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`wireless connections…[i]n most cases, your RT-AX3000 can deliver smooth, reliable Wi-Fi to
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`every part of your home.” Further, the ASUS RT-AX3000 is an access point with at least one
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`phased array antenna. See, e.g., ASUS RT-AX3000 Product Specification, which explains for
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`ASUS RT-AX3000, Antenna includes “External antenna x 4,” Transmit/Receive includes “2.4
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`GHz (2x2), 5 GHz (2x2),” Wi-Fi Technology includes “Beamforming: standard-based and
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`universal,” Features include “MU-MIMO” and “Beamforming”; see also ASUS RT-AX3000
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`Product Overview:
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`Further, the ASUS RT-AX3000 uses and includes an access point with a phased array antenna and
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`a Wi-Fi 6 radio that performs beamforming. See, e.g., ASUS RT-AX3000 Product Specification,
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`which explains for ASUS RT-AX3000, Antenna
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`includes “External antenna x 4,”
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`Transmit/Receive
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`includes “2.4 GHz 2x2, 5 GHz 2x2,” Wi-Fi Technology
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`includes
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`“Beamforming:
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`standard-based and universal,” Features
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`include “MU-MIMO” and
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`“Beamforming”. See, e.g., IEEE 802.11ax Standard3 at Section 27.3.5 (Transmitter block diagram).
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`Further, the Accused Products, including the ASUS RT-AX3000, selectively allow a receiving
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`device (e.g., station, abbreviated “STA”) to operatively associate (e.g., connect) with a beam
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`downlink transmittable to the receiving device (e.g., SU-MIMO, DL MU-MIMO or UL MU-
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`MIMO beamforming) via a phased array antenna of an access point. See, e.g., IEEE 802.11ax
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`Standard, at Sections 9.3.1.22, 26.5, 26.5.1, 26.5.2, 26.5.3, 27.1.1, 27.3.1, 27.3.2.5, 27.3.2.6,
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`27.3.5, 27.3.10.7, 27.3.10.8, 27.3.10.9, 27.3.15, including Tables 27-19, 27-20, 27-21, 27-24, 27-
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`25, 27-26, 27-27, 27-28, 27-29, Annex G at G.5, Annex Z. See, e.g., IEEE 802.11ax Standard,
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`Section 27.3.1.1 (“The transmission within an RU in a PPDU may be single stream to one user,
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`spatially multiplexed to one user (SU-MIMO), or spatially multiplexed to multiple users (MU-
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`MIMO).”); Section 27.3.2.5 (“The number of users in the MU-MIMO group is indicated in the
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`Number Of HE-SIG-B Symbols Or MU-MIMO Users field in HE-SIG-A. The allocated spatial
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`streams for each user and the total number of spatial streams are indicated in the Spatial
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`Configuration field of User field in HE-SIG-B containing the STA-ID of the designated MU-
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`MIMO STA as defined in Table 27-29 (Spatial Configuration subfield encoding)…[i]f there is
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`only one User field (see Table 27-27 (User field format for a non-MU-MIMO allocation)) for an
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`RU in the HE-SIG-B content channel, then the number of spatial streams for the user in the RU is
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`3 A reference to a Section of the IEEE 802.11ax Standard operates as an incorporation by
`reference of the same or corresponding Section in any Draft or Final version of the IEEE
`802.11ax Standard.
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`indicated by the NSTS field in the User field. If there is more than one User field (see Table 27-28
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`(User field for an MU-MIMO allocation)) for an RU in the HE-SIG-B content channel, then the
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`number of allocated spatial streams for each user in the RU is indicated by the Spatial
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`Configuration field of the User field in HE-SIG-B.”); Section 27.3.2.6 (“UL MU transmissions are
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`preceded by a Trigger frame or frame carrying a TRS Control subfield from the AP. The Trigger
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`frame or frame carrying the TRS Control subfield indicates the parameters, such as the duration of
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`the HE TB PPDU, RU allocation, target RSSI and MCS (see 9.3.1.22 (Trigger frame format),
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`9.2.4.6a.1 (TRS Control) and 26.5.3.3 (Non-AP STA behavior for UL MU operation)), required
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`to transmit an HE TB PPDU”); Section 27.3.10.8 (HE-SIG-B) (“The HE-SIG-B field provides the
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`OFDMA and DL MU-MIMO resource allocation information to allow the STAs to look up the
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`corresponding resources to be used in the data portion of the frame.”); Section 27.3.15 (“SU-
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`MIMO and DL-MU-MIMO beamforming are techniques used by a STA with multiple antennas
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`(the beamformer) to steer signals using knowledge of the channel to improve throughput. With
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`SU-MIMO beamforming all space-time streams in the transmitted signal are intended for reception
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`at a single STA in an RU. With DL MU-MIMO beamforming, disjoint subsets of the space-time
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`streams are intended for reception at different STAs in an RU of size greater than or equal to 106-
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`tones”); Section 27.3.10.8.5 (HE-SIG-B per user content) (“The User Specific field consists of
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`multiple User fields. The User fields follow the Common field of HE-SIG-B. The RU Allocation
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`field in the Common field and the position of the User field in the User Specific field together
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`identify
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`the
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`RU
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`used
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`to
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`transmit
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`a
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`STA’s
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`data…
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`Case 6:21-cv-00622-ADA Document 1 Filed 06/16/21 Page 12 of 73
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`…
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`;
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`Section 9.3.1.22 (Trigger frame format) (“A Trigger frame allocates resources for and solicits one
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`or more HE TB PPDU transmissions. The Trigger frame also carries other information required
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`by the responding STA to send an HE TB PPDU… The SS Allocation subfield of the User Info
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`field indicates the spatial streams of the solicited HE TB PPDU and the format is defined in Figure
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`9-64e (SS Allocation subfield format).”).
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`Case 6:21-cv-00622-ADA Document 1 Filed 06/16/21 Page 13 of 73
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`26.
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`The ’728 Accused Products receive an uplink transmission from the receiving
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`device through the phased array antenna. For example, as with each ’728 Accused Product, the
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`Wi-Fi radio in ASUS RT-AX3000 is operatively coupled to the phased array antenna and allows
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`ASUS RT-AX3000 to receive an uplink transmission (e.g., receiving an uplink transmission in
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`response to a trigger frame soliciting an uplink transmission, including, e.g., HE TB PPDU, e.g.,
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`HE TB feedback NDP, further including, e.g., receiving an uplink transmission that includes
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`information regarding an estimate of the channel state in, e.g., an HE compressed
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`beamforming/CQI report carried in one or more HE Compressed Beamforming/CQI frames) from
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`the receiving device (e.g., a STA, or HE beamformee) through the phased array antenna. See, e.g.,
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`802.11ax Standard, Sections 9.3.1.19, 9.3.1.22, 9.3.1.22.3, 9.4.1.64, 9.4.1.65, 9.4.1.66, 9.4.1.67,
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`9.6.31.2, 10.37, 26.7, 26.7.1, 26.7.2, 26.7.3, 26.7.4, 26.7.5, 27.1.1, 27.3.10.10. See, e.g., Section
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`26.7 (HE sounding protocol) (“Transmit beamforming and DL MU-MIMO require knowledge of
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`the channel state to compute a steering matrix that is applied to the transmit signal to optimize
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`reception at one or more receivers. HE STAs use the HE sounding protocol to determine the
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`channel state information. The HE sounding protocol provides explicit feedback mechanisms,
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`defined as HE non-trigger-based (non-TB) sounding and HE trigger-based (TB) sounding, where
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`the HE beamformee measures the channel using a training signal (i.e., an HE sounding NDP)
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`transmitted by the HE beamformer and sends back a transformed estimate of the channel state.
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`The HE beamformer uses this estimate to derive the steering matrix. The HE beamformee returns
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`an estimate of the channel state in an HE compressed beamforming/CQI report carried in one or
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`more HE Compressed Beamforming/CQI frames.”); Section 26.7.3, Figures 26-6 and 26-7:
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`Case 6:21-cv-00622-ADA Document 1 Filed 06/16/21 Page 14 of 73
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`; Section 26.7.3 (“An HE beamformee that receives an HE NDP Announcement frame from an
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`HE beamformer with which it is associated and that contains the HE beamformee’s MAC address
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`in the RA field and also receives an HE sounding NDP a SIFS after the HE NDP Announcement
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`frame shall transmit its HE compressed beamforming/CQI report a SIFS after the HE sounding
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`NDP. The TXVECTOR parameter CH_BANDWIDTH for the PPDU containing the HE
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`compressed beamforming/CQI report shall be set to indicate a bandwidth not wider than that
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`indicated by the RXVECTOR parameter CH_BANDWIDTH of the HE sounding NDP. An HE
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`beamformee that receives an HE NDP Announcement frame as part of an HE TB sounding
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`sequence with a STA Info field addressed to it soliciting SU or MU feedback shall generate an HE
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`compressed beamforming/CQI report using the feedback type, Ng and codebook size indicated in
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`the STA Info field. If the HE beamformee then receives a BFRP Trigger frame with a User Info
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`
`field addressed to it, the HE beamformee transmits an HE TB PPDU containing the HE compressed
`
`beamforming/CQI report following the rules defined in 26.5.3.3 (Non-AP STA behavior for UL
`
`MU operation).”); Section 26.5.3 (UL MU operation) (“UL MU operation allows an AP to solicit
`
`simultaneous immediate response frames from one or more non-AP HE STAs”); Section
`
`27.3.10.10 (HE-LTF) (“The HE-LTF field provides a means for the receiver to estimate the MIMO
`
`channel between the set of constellation mapper outputs (or, if STBC is applied, the STBC encoder
`
`outputs) and the receive chains. In an HE SU PPDU and HE ER SU PPDU, the transmitter provides
`
`training for NSTS space-time streams (spatial mapper inputs) used for the transmission of the PSDU.
`
`In an HE MU PPDU, the transmitter provides training for NSTS,r,total space-time streams used for
`
`the transmission of the PSDU(s) in the r-th RU. In an HE TB PPDU, the transmitter of user u in
`
`the r-th RU provides training for NSTS,r,u space-time streams used for the transmission of the PSDU.
`
`For each tone in the r-th RU, the MIMO channel that can be estimated is an NRX x NSTS,r,total matrix.
`
`An HE transmission has a preamble that contains HE-LTF symbols, where the data tones of each
`
`HE-LTF symbol are multiplied by entries belonging to a matrix PHE-LTF, to enable channel
`
`estimation at the receiver…. In an HE SU PPDU, HE MU PPDU and HE ER SU PPDU, the
`
`combination of HE-LTF type and GI duration is indicated in HE-SIG-A field. In an HE TB PPDU,
`
`the combination of HE-LTF type and GI duration is indicated in the Trigger frame that triggers
`
`transmission of the PPDU. If an HE PPDU is an HE sounding NDP, the combinations of HE-LTF
`
`types and GI durations are listed in 27.3.18 (Transmit specification). If an HE PPDU is an HE TB
`
`feedback NDP, the combination of HE-LTF types and GI durations are listed in 27.3.4 (HE PPDU
`
`formats.”); Section 27.3.15.1 (SU-MIMO and DL-MIMO beamforming) (“The DL MU-MIMO
`
`steering matrix Qk = [Qk,0, Qk,1,…,Qk,Nuser,r-1] can be detected by the beamformer using the
`
`beamforming feedback for subcarrier k from beamformee u, where u = 0,1,…Nuser,r -1. The
`
`
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`Case 6:21-cv-00622-ADA Document 1 Filed 06/16/21 Page 16 of 73
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`
`
`feedback report format is described in 9.4.1.65 (HE Compressed Beamforming Report field) and
`
`9.4.1.66 (HE MU Exclusive Beamforming Report field). The steering matrix that is computed (or
`
`updated) using new beamforming feedback from some or all of participating beamformees might
`
`replace the existing steering matrix Qk for the next DL MU-MIMO data transmission. For SU-
`
`MIMO beamforming, the steering matrix Qk can be determined from the beamforming feedback
`
`matrix Vk that is sent back to the beamformer by the beamformee using the compressed
`
`beamforming feedback matrix format as defined in 19.3.12.3.6 (Compressed beamforming
`
`feedback matrix). The feedback report format is described in 9.4.1.65 (HE Compressed
`
`Beamforming Report field.”).
`
`27.
`
`The ’728 Accused Products determine from the uplink transmission if the receiving
`
`device should operatively associate with a different beam downlink transmittable via the phased
`
`array antenna. For example, as with each ’728 Accused Product, the ASUS RT-AX3000
`
`determines based on information from the uplink transmission (e.g., an uplink transmission
`
`received in response to a trigger frame soliciting an uplink transmission, including, e.g., HE TB
`
`PPDU, e.g., HE TB feedback NDP, further including, e.g., an uplink transmission that includes
`
`information regarding an estimate of the channel state in, e.g., an HE compressed
`
`beamforming/CQI report carried in one or more HE Compressed Beamforming/CQI frames) if a
`
`client device (e.g., a STA, or HE beamformee) should operatively associate with a different beam
`
`downlink transmittable via the phased array antenna. See, e.g., IEEE 802.11ax Standard, at
`
`Sections 9.3.1.22, 9.4.1.64, 9.4.1.65, 9.4.1.66, 9.4.1.67, 26.5, 26.5.1, 26.5.2, 26.5.3, 26.7, 26.7.1,
`
`26.7.3, 26.7.3, 26.7.4, 26.7.5, 27.1.1, 27.3.1, 27.3.2.5, 27.3.2.6, 27.3.5, 27.3.10.7, 27.3.10.8,
`
`27.3.10.9, 27.3.10.10, 27.3.15 – 27.3.15.3. See, e.g., IEEE 802.11ax Standard at Section 26.7.1
`
`(“Transmit beamforming and DL MU-MIMO require knowledge of the channel state to compute
`
`
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`
`
`
`a steering matrix that is applied to the transmit signal to optimize reception at one or more
`
`receivers. HE STAs use the HE sounding protocol to determine the channel state information. The
`
`HE sounding protocol provides explicit feedback mechanisms, defined as HE non-trigger-based
`
`(non-TB) sounding and HE trigger-based (TB) sounding, where the HE beamformee measures the
`
`channel using a training signal (i.e., an HE sounding NDP) transmitted by the HE beamformer and
`
`sends back a transformed estimate of the channel state. The HE beamformer uses this estimate to
`
`derive the steering matrix.”); Section 27.3.15.1 (SU-MIMO and DL-MIMO beamforming) (“The
`
`DL MU-MIMO steering matrix Qk = [Qk,0, Qk,1,…,Qk,Nuser,r-1] can be detected by the beamformer
`
`using the beamforming feedback for subcarrier k from beamformee u, where u = 0,1,…Nuser,r -1.
`
`The feedback report format is described in 9.4.1.65 (HE Compressed Beamforming Report field)
`
`and 9.4.1.66 (HE MU Exclusive Beamforming Report field). The steering matrix that is computed
`
`(or updated) using new beamforming feedback from some or all of participating beamformees
`
`might replace the existing steering matrix Qk for the next DL MU-MIMO data transmission. For
`
`SU-MIMO beamforming, the steering matrix Qk can be determined from the beamforming
`
`feedback matrix Vk that is sent back to the beamformer by the beamformee using the compressed
`
`beamforming feedback matrix format as defined in 19.3.12.3.6 (Compressed beamforming
`
`feedback matrix). The feedback report format is described in 9.4.1.65 (HE Compressed
`
`Beamforming Report field.”); Section 9.4.1.65 (HE Compressed Beamforming Report field) (“The
`
`HE Compressed Beamforming Report field carries the average SNR of each space-time stream
`
`and compressed beamforming feedback matrices V for use by a transmit beamformer to determine
`
`steering matrices Q, as described in 10.32.3 (Explicit feedback beamforming) and 19.3.12.3
`
`(Explicit feedback beamforming)”); Section 9.1.4.66 (HE MU Exclusive Beamforming Report
`
`field) (“The HE MU Exclusive Beamforming Report field carries explicit feedback in the form of
`
`
`
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`
`
`
`delta SNRs. The information in the HE Compressed Beamforming Report field and the HE MU
`
`Exclusive Beamforming Report field can be used by the transmit MU beamformer to determine
`
`the steering matrices Q, as described in 27.3.3.1 (DL MU-MIMO)”); Section 9.4.1.67 (HE CQI
`
`Report Field) (“The HE CQI Report field carries the per-RU average SNRs of each space-time
`
`stream, where each per-RU average SNR is the arithmetic mean of the SNR in decibels over a 26-
`
`tone RU for which the feedback is being requested.”); Section 27.3.10.10 (HE-LTF) (“The HE-
`
`LTF field provides a means for the receiver to estimate the MIMO channel between the set of
`
`constellation mapper outputs (or, if STBC is applied, the STBC encoder outputs) and the receive
`
`chains. In an HE SU PPDU and HE ER SU PPDU, the transmitter provides training for NSTS space-
`
`time streams (spatial mapper inputs) used for the transmission of the PSDU. In an HE MU PPDU,
`
`the transmitter provides training for NSTS,r,total space-time streams used for the transmission of the
`
`PSDU(s) in the r-th RU. In an HE TB PPDU, the transmitter of user u in the r-th RU provides
`
`training for NSTS,r,u space-time streams used for the transmission of the PSDU. For each tone in the
`
`r-th RU, the MIMO channel that can be estimated is an NRX x NSTS,r,total matrix. An HE transmission
`
`has a preamble that contains HE-LTF symbols, where the data tones of each HE-LTF symbol are
`
`multiplied by entries belonging to a matrix PHE-LTF, to enable channel estimation at the receiver….
`
`In an HE SU PPDU, HE MU PPDU and HE ER SU PPDU, the combination of HE-LTF type and
`
`GI duration is indicated in HE-SIG-A field. In an HE TB PPDU, the c