Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 1 of 65
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`JAWBONE INNOVATIONS, LLC,
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`Plaintiff,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No. 6:21-cv-00984-ADA
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`JURY TRIAL DEMANDED
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`
`
`v.
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`APPLE INC.,
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`Defendant.
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`
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`Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) for its Amended Complaint
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`against Defendant Apple Inc. (“Apple” or “Defendant”) for patent infringement under 35 U.S.C.
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`§ 271, alleges as follows:
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`THE PARTIES
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`1.
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`Jawbone is a corporation organized and existing under the laws of the State of
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`Texas, with a place of business located at 2226 Washington Avenue, Suite Number 1, Waco, Texas
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`76701. Jawbone is in the business of developing software products, including products that exploit
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`the technology disclosed in its patent portfolio.
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`2.
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`Apple is a California corporation and maintains its principal place of business
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`located at One Apple Park Way, Cupertino, California 95014, and may be served with process
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`through its registered agent, CT Corporation System at 1999 Bryan Street, Suite 900, Dallas, Texas
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`75201.
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 2 of 65
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`3.
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`Apple does business in Texas, directly or through intermediaries, and offers its
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`products and/or services, including those accused herein of infringement, to customers and
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`potential customers located in Texas, including in this judicial District.
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`4.
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`On information and belief, Apple maintains regular and established places of
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`business within this Judicial District including at least the following locations: 12545 Riata Vista
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`Circle, Austin, Texas 78727; 12801 Delcour Drive, Austin, Texas 78727; and 3121 Palm Way,
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`Austin, Texas 78758. Upon information and belief, Defendant employs individuals in this Judicial
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`District involved in the sales and marketing of its products.
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`JURISDICTION AND VENUE
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`5.
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`This is an action for patent infringement arising under the patent laws of the United
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`States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a).
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`6.
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`This Court has personal jurisdiction over Defendant. Defendant regularly conducts
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`business and has committed acts of patent infringement within this Judicial District and the State
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`of Texas that give rise to this action and has established minimum contacts with this forum such
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`that exercise of jurisdiction over Apple would not offend traditional notions of fair play and
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`substantial justice. Apple has committed and continues to commit acts of infringement in this
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`Judicial District and State by, among other things, offering to sell, selling, using, importing, and
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`making products and services that infringe the asserted patents. Apple has further induced acts of
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`patent infringement by others and/or has contributed to patent infringement by others in this
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`Judicial District, the State of Texas, and elsewhere in the United States.
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`7.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`Apple is registered to do business in Texas and, upon information and belief, Apple has transacted
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`2
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 3 of 65
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`business in this Judicial District, has committed acts of direct and indirect infringement in this
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`Judicial District, and has regular and established places of business in this Judicial District as set
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`forth above.
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`8.
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`Apple is subject to this Court’s jurisdiction pursuant to due process and the Texas
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`Long Arm Statute due at least to its substantial business in this State and Judicial District, including
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`(a) at least part of its past infringing activities, (b) regularly doing or soliciting business in Texas,
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`and/or (c) engaging in persistent conduct and/or deriving substantial revenue from goods and
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`services provided to customers in Texas.
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`FACTUAL BACKGROUND
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`9.
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`On September 13, 2011, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,019,091 (the “’091 Patent”) entitled “Voice Activity Detector
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`(VAD)-Based Multiple-Microphone Acoustic Noise Suppression.” A true and correct copy of the
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`’091 Patent is attached hereto as Exhibit A.
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`10.
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`On July 17, 2007, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 7,246,058 (the “’058 Patent”) entitled “Detecting Voiced and Unvoiced
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`Speech Using Both Acoustic and Nonacoustic Sensors.” A true and correct copy of the ’058 Patent
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`is attached hereto as Exhibit B.
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`11.
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`On October 2, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,280,072 (the “’072 Patent”) entitled “Microphone Array with Rear
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`Venting.” A true and correct copy of the ’072 Patent is attached hereto as Exhibit C.
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`12.
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`On November 27, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,321,213 (the “’213 Patent”) entitled “Acoustic Voice Activity
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`3
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 4 of 65
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`Detection (AVAD) for Electronic Systems.” A true and correct copy of the ’213 Patent is attached
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`hereto as Exhibit D.
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`13.
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`On December 4, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,326,611 (the “’611 Patent”) entitled “Acoustic Voice Activity
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`Detection (AVAD) for Electronic Systems.” A true and correct copy of the ’611 Patent is attached
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`hereto as Exhibit E.
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`14.
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`On September 15, 2020, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,779,080 (the “’080 Patent”) entitled “Dual Omnidirectional
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`Microphone Array (DOMA).” A true and correct copy of the ’080 Patent is attached hereto as
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`Exhibit F.
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`15.
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`On September 14, 2021, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 11,122,357 (the “’357 Patent”) entitled “Forming Virtual
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`Microphone Arrays Using Dual Omnidirectional Microphone Array (DOMA).” A true and correct
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`copy of the ’357 Patent is attached hereto as Exhibit G.
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`16.
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`On June 18, 2013, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,467,543 (the “’543 Patent”) entitled “Microphone and Voice Activity
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`Detection (VAD) Configurations for Use with Communications Systems.” A true and correct copy
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`of the ’543 Patent is attached hereto as Exhibit H.
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`17.
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`On August 6, 2013, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,503,691 (the “’691 Patent”) entitled “Virtual Microphone Arrays Using
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`Dual Omnidirectional Microphone Array (DOMA).” A true and correct copy of the ’691 Patent is
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`attached hereto as Exhibit I.
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`18.
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`Jawbone is the sole and exclusive owner of all right, title, and interest to and in the
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`’091 Patent, ’058 Patent, ’072 Patent, ’213 Patent, ’611 Patent, ’080 Patent, ’357 Patent,’543
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`Patent, and ’691 Patent (together, the “Patents-in-Suit”), and holds the exclusive right to take all
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`actions necessary to enforce its rights to the Patents-in-Suit, including the filing of this patent
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`infringement lawsuit. Jawbone also has the right to recover all damages for past, present, and future
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`infringement of the Patents-in-Suit and to seek injunctive relief as appropriate under the law.
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`19.
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`The technology of the Patents-in-Suit was developed by Jawbone, Inc. which was
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`originally founded in 1998 as AliphCom, Inc. (“AliphCom”). AliphCom set out to develop a noise
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`reducing headset that would allow soldiers to communicate better in combat conditions. In 2002,
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`AliphCom won a contract with the Defense Advanced Research Projects Agency to research noise
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`suppression techniques for the United States military.
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`20.
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`AliphCom launched a mobile headset called the “Jawbone” in 2004. The
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`“Jawbone” included the innovative noise-suppression technology that AliphCom developed for
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`the military.1 This technology virtually eliminated background noise while increasing the volume
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`of the speakers’ voices. AliphCom followed with a Bluetooth version of the “Jawbone” in 2008
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`which was sold in the Apple Store.
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`21.
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`On the heels of the success of the “Jawbone” products, AliphCom changed its name
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`to Jawbone, Inc. in 2011 and later expanded its product offerings into Bluetooth speakers and
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`wearables, such as health tracking devices. Unfortunately, due to the intensely competitive
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`marketplace, Jawbone, Inc. was forced into liquidation in 2017.
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`22.
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`Following Jawbone, Inc.’s liquidation “[a] host of technology companies including
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`Apple, Samsung, Google, LG, and Fitbit [were] identified as potential buyers of Jawbone’s US
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`1 See https://www.wired.com/2004/09/military-headset-reaches-masses/
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`Patents.”2 Upon information and belief, Envision IP (and other parties) contacted Apple regarding
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`the value of the Patents-in-Suit, including regarding Apple’s infringement of the Patents-in-Suit.
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`Upon information and belief, Apple was notified that the Accused Products infringe the Patents-
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`in-Suit, and/or otherwise became aware of the Patents-in-Suit and recognized that the Accused
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`Products infringe the Patents-in-Suit at least as of 2017.
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`23.
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`Apple is the assignee of U.S. Patent No. 9,313,572 (“the ’572 Patent”). On May 15,
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`2015, during prosecution of the ’572 Patent, Apple listed the ’091 Patent in an information
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`disclosure statement to the United States Patent Office. Apple, therefore, had knowledge of the
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`’091 Patent since at least as of May 15, 2015.
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`24.
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`On information and belief, Apple’s investigation that discovered the ’091 Patent
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`provided it with knowledge of the ’072 Patent (which is a continuation-in-part of the ’091 Patent)
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`at least as of the same time.
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`25.
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`On information and belief, Apple, as a sophisticated technology company, upon
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`becoming aware of the ’091 and ’072 Patents, investigated other patents with common inventors
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`and discovered the ’691, ’543, ’058, and ’611 Patents at least as of the same time in May 2015.
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`The ’357 Patent is a continuation of the ’691 Patent.
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`The ’080 Patent claims priority to the same provisional applications as the ’691
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`26.
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`27.
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`Patent.
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`28.
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`On information and belief, Apple, as a sophisticated technology company, upon
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`becoming aware of the ’691 Patent, monitored Jawbone’s related patent filings and became aware
`
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`2 See https://www.worldipreview.com/news/apple-google-and-fitbit-touted-to-acquire-jawbone-
`patents-14322; https://www.glpi.com.br/en/apple-google-and-fitbit-touted-to-acquire-jawbone-
`patents/; see also http://patentvue.com/2017/07/11/jawbone-patents-could-be-leveraged-by-a-
`competitor/
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`of the ’080 and ’357 Patents when they issued on September 15, 2020 and September 14, 2021,
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`respectively.
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`29.
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`On information and belief, Apple, as a sophisticated technology company, analyzed
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`each of the Patents-in-Suit when it became aware of the patent and determined how its products
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`infringed at that time.
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`30.
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`Apple has further been aware of the ’091, ’072, ’543, ’058, ’611, ’080, and ’357
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`Patents at least as early as the filing of the original Complaint in this case on September 23, 2021.
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`31.
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`Apple has further had notice of how it infringes the ’091, ’072, ’543, ’058, ’611,
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`’080, and ’357 Patents at least as early as the filing of the original Complaint in this case on
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`September 23, 2021.
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`INFRINGEMENT ALLEGATIONS
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`32.
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`The ’091 and ’058 Patents generally describe acoustic noise suppression with a
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`voice activity detector that senses vibration in human tissue associated with voicing activity. The
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`technology of the ’091 was developed by Dr. Gregory C. Burnett and Eric F. Breitfeller. The
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`technology of the ’058 Patent was developed by Dr. Gregory C. Burnett. The ’091 and ’058 Patents
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`also describe techniques for generating transfer functions and cross-correlations representative of
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`acoustic signals when voicing activity is absent, providing improved noise suppression. Some
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`embodiments of the invention include a microphone array with one microphone which primarily
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`captures sound (e.g., speech) and one which primarily captures unwanted noise, both of which
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`provide signals to a noise removal algorithm.
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`33.
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`The noise removal algorithm may also receive physiological information from a
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`voice activity detector (e.g., an accelerometer) to detect when a user is speaking. Such a voice
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`activity detection signal may be assumed to be perfectly accurate, yielding substantial
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`improvements when applied to the noise removal algorithm. For example, the noise removal
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`algorithm may remove noise by calculating one transfer function when the system is certain that
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`only noise is being received, and another transfer function when the system is certain that speech
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`is being produced. The noise removal algorithm may further improve noise suppression in
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`situations with multiple noise sources by combining such transfer functions into additional transfer
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`functions representative of a ratio of energies received at different microphones. By taking
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`advantage of perfect voice activity detection and transfer functions representative of a ratio of
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`energies received at different microphones, the noise removal algorithm may effectively remove
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`noise from a signal no matter how many noise sources are present. The invention thereby provides
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`significant advantages for noise suppression systems, particularly in detecting, transmitting, or
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`recording speech.
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`34.
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`Apple has manufactured, used, marketed, distributed, sold, offered for sale,
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`exported from, and imported into the United States, products that infringe the ’091 and ’058
`
`Patents. For example, noise suppression techniques are incorporated into Apple products with
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`voice activity detection devices including, but not limited to, Apple ear buds and smartphones. For
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`example, this functionality is included and utilized in the Apple AirPods Pro. The AirPods Pro
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`includes “dual beamforming microphones” and a “speech-detecting accelerometer.”3 The “speech-
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`detecting accelerometer” of the AirPods Pro detects vibration in human tissue and “works in
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`tandem to attenuate background noise and hone in on relaying your voice to the person on the other
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`end of the call.”4 Upon information and belief, the beamforming microphone array of the AirPods
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`Pro generates transfer functions representative of a ratio of energy of the acoustic signals received
`
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`3 https://www.apple.com/airpods-pro/specs/
`4 https://www.soundguys.com/apple-airpods-pro-vs-airpods-2-27213/
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`at each microphone. For example, the Apple iPhone 12 Pro Max similarly comprises an
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`accelerometer which, upon information and belief, is used to detect voicing activity. Upon
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`information and belief, the beamforming microphone array of the iPhone 12 Pro Max further
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`generates transfer functions representative of a ratio of energy of the acoustic signals received at
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`each microphone.
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`5
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`5 https://www.apple.com/airpods-pro/specs/
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`35.
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`The ’072 Patent generally describes acoustic noise suppression with an array of
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`physical microphones which forms an array of virtual microphones. The technology was
`
`developed by Dr. Gregory C. Burnett. The ’072 Patent also describes noise suppression with
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`physical omnidirectional microphones and virtual directional microphones. In some embodiments
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`of the invention, a greater number of physical microphones may be used to form a smaller number
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`of virtual microphones which are combined into an output signal with less acoustic noise than the
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`received acoustic signals. The resulting virtual microphones may further be combined by applying
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`transfer functions representative of a ratio of energies between physical microphones, outputting
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`a signal with greatly reduced noise. The invention provides significant advantages for noise
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`suppression systems, particularly in detecting, transmitting, or recording speech.
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`36.
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`Apple has manufactured, used, marketed, distributed, sold, offered for sale,
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`exported from, and imported into the United States, products that infringe the ’072 Patent. For
`
`example, this functionality is included and utilized in Apple products with omnidirectional
`
`physical MEMS microphones which form virtual beamformed microphones including, but not
`
`limited to, Apple ear buds, smart phones, tablets, wearables, and smart home devices. For example,
`
`upon information and belief, the Apple AirPods Pro earbuds comprise arrays of at least four
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`physical microphones and two beamformed microphones, the outputs of which are combined to
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`reduce the noise of a signal. On information and belief, the AirPods Pro earbuds combine the
`
`outputs, the signals generated by the beamforming microphone array of each earbud to further
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`reduce noise. 6
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`37.
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`The ’611 and ’213 Patents generally describe acoustic voice activity detection
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`based on a ratio of energies between virtual microphones formed by an array of physical
`
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`6 https://www.soundguys.com/apple-airpods-pro-vs-airpods-2-27213/
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`10
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`microphones. The technology of the ’611 and ’213 Patents was developed by Dr. Gregory C.
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`Burnett, Nicholas Petit, and Zhinian Jing. In some embodiments of the invention, a first virtual
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`microphone may be generated by summing the outputs of a first physical microphone processed
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`with a delay filter, and a second physical microphone processed with a calibration filter and an
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`adaptive filter, while a second virtual microphone may be generated by summing the outputs of a
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`first physical microphone processed with an adaptive filter and a delay filter, and a second physical
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`microphone processed with a calibration filter. Accordingly, the invention provides virtual
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`microphones with similar noise response magnitudes, but very dissimilar speech response
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`magnitudes. A ratio of energies between the virtual microphones may further be compared to a
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`threshold to detect when voicing activity is occurring. The invention of the ’611 and ’213 Patents
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`provides significant improvements in noise suppression, including by enabling accurate voice
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`activity detection with a microphone array.
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`38.
`
`Apple has manufactured, used, marketed, distributed, sold, offered for sale,
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`exported from, and imported into the United States, products that infringe the ’213 and ’611
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`Patents. For example, this functionality is included and utilized in Apple products which use virtual
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`microphones formed by physical microphones to detect a wake word including, but not limited to,
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`Apple ear buds, smart phones, tablets, wearables, and smart home devices. For example, upon
`
`information and belief, the iPhone 12 Pro Max forms an array of virtual microphones using an
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`array of physical microphones. For example, upon information and belief, the Apple HomePod
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`forms an array of virtual microphones, such as by beamforming. Upon information and belief, the
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`iPhone 12 Pro Max and the HomePod detect user speech, such as a “Hey Siri” wake word, by
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`comparing a ratio of energies (e.g., amplitudes), of the beamformed microphones to a threshold.7
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`7 See e.g. https://support.apple.com/en-us/HT204389
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`8
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`8 https://machinelearning.apple.com/research/optimizing-siri-on-homepod-in-far-field-settings
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`12
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`9
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`39.
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`The ’080 Patent generally describes noise suppression with an array of
`
`omnidirectional microphones that form virtual microphones with a similar noise response and a
`
`dissimilar speech response. The technology of the ’080 Patent was developed by Dr. Gregory C.
`
`Burnett. The ’080 Patent also describes a dual omnidirectional microphone array that forms two
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`distinct virtual microphones that can be paired with an adaptive filter and/or VAD algorithm to
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`significantly reduce noise without distorting speech, thereby improving the signal-to-noise ratio of
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`the desired speech. In some embodiments, output of each physical microphone can be delayed,
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`multiplied by a gain, and summed with the other in order to form at least one virtual microphone,
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`which may be paired with an adaptive filter and/or VAD algorithm to suppress noise. The invention
`
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`9 https://www.apple.com/iphone-12/specs/
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`13
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`of the ’080 Patent provides substantial advantages for noise suppression systems, particularly in
`
`detecting, transmitting, or recording speech.
`
`40.
`
`Apple has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’080 Patent. For
`
`example, this functionality is included and utilized in Apple products with omnidirectional
`
`physical MEMS microphones which form virtual beamformed microphones including, but not
`
`limited to, Apple ear buds, smart phones, tablets, wearables, and smart home devices. For example,
`
`upon information and belief, each Apple AirPods Pro comprises two physical omnidirectional
`
`microphones, and a processing component coupled to the microphone array generating two
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`beamformed virtual microphones. On information and belief, the processing component generates
`
`beamformed microphones with different first and second combinations of output signals from the
`
`physical microphone array, wherein the virtual microphones have a similar noise response and a
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`dissimilar speech response.
`
`41.
`
`The ’357 and ’691 Patents generally describe acoustic noise suppression with an
`
`array of physical microphones which forms an array of virtual microphones. The technology was
`
`developed by Dr. Gregory C. Burnett. The ’357 and ’691 Patents also describe noise suppression
`
`with physical omnidirectional microphones and virtual directional microphones. The physical
`
`and/or virtual microphone signals may be combined by filtering and summing in the time domain
`
`to apply a varying linear transfer function, suppressing noise in the output signal. The invention
`
`provides significant advantages for noise suppression systems, particularly in detecting,
`
`transmitting, or recording speech.
`
`42.
`
`Apple has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’357 and ’691
`
`14
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`Patents. For example, this functionality is included and utilized in Apple products with physical
`
`MEMS microphones which form virtual beamformed microphones including, but not limited to,
`
`Apple ear buds, smart phones, tablets, wearables, and smart home devices. For example, upon
`
`information and belief, the Apple AirPods Pro earbuds comprise arrays of physical microphones,
`
`the outputs of which are combined into beamformed microphones to reduce the noise of a signal.
`
`On information and belief, the AirPods Pro earbuds combine the outputs, the signals generated by
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`the beamforming microphone array of each earbud, to further reduce noise. Similarly, the iPhone
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`12 Pro Max comprises an array of physical microphones, the outputs of which are, upon
`
`information and belief, combined into beamformed microphones to reduce the noise of a signal.
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`10
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`10 https://www.apple.com/iphone-12/specs/
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`43.
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`The ’543 Patent generally describes communications systems comprising a voice
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`detection subsystem and a denoising subsystem. The technology of the ’543 Patent was developed
`
`by Dr. Gregory C. Burnett, Nicholas Petit, Alexander M. Asseily, and Andrew E. Einaudi. The
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`’543 Patent also describes microphone configurations wherein a first microphone is oriented
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`toward a talker’s mouth, and a second microphone is oriented away from a talker’s mouth, such
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`that the denoising subsystem may subtract noise associated with noise from an acoustic signal that
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`includes speech and noise. In some embodiments of the invention, the denoising system selects a
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`denoising method appropriate to data of at least one frequency subband of acoustic signals,
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`generates noise waveform estimate, and subtracts the noise waveform estimate from signals
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`including speech and noise when the voice detection subsystem indicates voicing activity is
`
`occurring. The invention provides significant advantages for noise suppression systems,
`
`particularly in detecting, transmitting, or recording speech.
`
`44.
`
`Apple has manufactured, used, marketed, distributed, sold, offered for sale,
`
`exported from, and imported into the United States, products that infringe the ’543 Patent. For
`
`example, noise suppression techniques are incorporated into Apple products with voice activity
`
`detection devices including, but not limited to, Apple ear buds and smartphones. For example, this
`
`functionality is included and utilized in the Apple AirPods Pro and the iPhone 12 Pro Max. The
`
`AirPods Pro include “dual beamforming microphones” and a “speech-detecting accelerometer.”11
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`At least one microphone of the AirPods Pro (e.g. the lower microphone) is oriented towards a
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`user’s mouth, while at least one microphone is oriented away from a user’s mouth. Similarly, the
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`Apple iPhone 12 Pro Max comprises multiple beamforming microphones and an accelerometer
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`11 https://www.apple.com/airpods-pro/specs/
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`16
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 17 of 65
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`which, upon information and belief, is utilized for speech detection.12 At least one microphone of
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`the iPhone 12 Pro Max is oriented towards the user’s mouth, while at least one microphone is
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`oriented away from the user’s mouth. On information and belief, the accelerometers of the Accused
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`Products detect vibration in human tissue, and “work[] in tandem to attenuate background noise
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`and hone in on relaying your voice to the person on the other end of the call.”13
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`14
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`12 See e.g.
`https://developer.apple.com/documentation/avfaudio/avaudiosessiondatasourcedescription
`13 https://www.soundguys.com/apple-airpods-pro-vs-airpods-2-27213/
`14 https://www.ifixit.com/Teardown/iPhone+12+Pro+Max+Teardown/138640
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`17
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 18 of 65
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`15
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`15 https://www.apple.com/iphone-12/specs/
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`18
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 19 of 65
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`16
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`45.
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`Apple has infringed and is continuing to infringe the Patents-in-Suit by making,
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`using, selling, offering to sell, and/or importing, and by actively inducing others to make, use, sell,
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`offer to sell and/or importing, Accused Products that comprise and utilize infringing microphone
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`and/or wireless proximity sensing functionality. The Accused Products include, but are not limited
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`to, all versions and variants of Apple iPhone, iPad, AirPods Pro, and HomePod products.
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`46.
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`Jawbone has at all times complied with the marking provisions of 35 U.S.C. § 287
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`with respect to the Patents-in-Suit. On information and belief, prior assignees and licensees have
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`also complied with the marking provisions of 35 U.S.C. § 287.
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`16 https://www.dxomark.com/apple-iphone-12-pro-max-audio-review-a-reliable-and-consistent-
`audio-performer/
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 20 of 65
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`COUNT I
`(Infringement of the ’091 Patent)
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`47.
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`48.
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`Paragraphs 1 through 46 are incorporated by reference as if fully set forth herein.
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`Jawbone has not licensed or otherwise authorized Apple to make, use, offer for sale,
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`sell, or import any products that embody the inventions of the ’091 Patent.
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`49.
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`Defendant has and continues to directly infringe the ’091 Patent, either literally or
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`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
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`using, offering to sell, selling, and/or importing into the United States products that satisfy each
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`and every limitation of one or more claims of the ’091 Patent. Upon information and belief, these
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`products include at least the Accused Products, such as those which comprise a microphone array
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`and a voice activity detector. The Accused Products include at least all versions and variants of
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`Apple iPhone and AirPods.
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`50.
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`For example, Defendant has and continues to directly infringe at least claim 11 of
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`the ’091 Patent by making, using, offering to sell, selling, and/or importing into the United States
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`products that comprise a system for removing acoustic noise from the acoustic signals, comprising:
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`a receiver that receives at least two acoustic signals via at least two acoustic microphones
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`positioned in a plurality of locations; at least one sensor that receives human tissue vibration
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`information associated with human voicing activity of a user; a processor coupled among the
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`receiver and the at least one sensor that generates a plurality of transfer functions, wherein the
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`plurality of transfer functions includes a first transfer function representative of a ratio of energy
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`of acoustic signals received using at least two different acoustic microphones of the at least two
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`acoustic microphones, wherein the first transfer function is generated in response to a
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`determination that voicing activity is absent from the acoustic signals for a period of time, wherein
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`the plurality of transfer functions includes a second transfer function representative of the acoustic
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`20
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 21 of 65
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`signals, wherein the second transfer function is generated in response to a determination that
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`voicing activity is present in the acoustic signals for the period of time, wherein acoustic noise is
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`removed from the acoustic signals using the first transfer function and at least one combination of
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`the first transfer function and the second transfer function to produce the denoised acoustic data
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`stream.
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`51.
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`The Accused Products comprise a system for removing acoustic noise from
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`acoustic signals. For example, the Apple AirPods Pro and iPhone 12 Pro Max each use
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`beamforming microphones in tandem with a voice detecting accelerometer to reduce noise in voice
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`signals.
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`52.
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`The Accused Products further comprise a receiver that receives at least two acoustic
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`signals via at least two acoustic microphones positioned in a plurality of locations. For example,
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`upon information and belief, the AirPods Pro and iPhone 12 Pro Max each comprise a receiver
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`that receives signals via a microphone array, with at least two microphones positioned in a plurality
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`of locations.17
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`53.
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`The Accused Products further comprise at least one sensor that receives human
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`tissue vibration information associated with human voicing activity of a user. For example, the
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`Apple AirPods Pro comprises an accelerometer which, upon information and belief, receives
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`human tissue vibration associated with voicing activity. For example, the iPhone 12 Pro Max
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`similarly includes an accelerometer which, upon information and belief, is used for speech
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`detection, and/or receives a speech detection signals from any paired AirPods.
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`54.
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`The Accused Products further comprise a processor coupled among the receiver
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`and the at least one sensor that generates a plurality of transfer functions, wherein the plurality of
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`17 https://www.apple.com/airpods-pro/specs/
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`21
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`Case 6:21-cv-00984-ADA Document 19 Filed 12/23/21 Page 22 of 65
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`transfer functions includes a first transfer function representative of a ratio of energy of acoustic
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`signals received using at least two different acoustic microphones of the at least two acoustic
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`microphones. For example, on information and belief the AirPods Pro comprises a H1-based
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`system in package with a proce