FCA, both directly and through its subsidiaries or intermediaries (including distributors, retailers, and others), has purposefully and voluntarily placed one or more infringing products and/or services, as described below, into the stream of commerce with the expectation Case 2:22-cv-11770-TGB ECF No. 1, PageID.3 Filed 07/15/22 Page 3 of 27
The inventors saw an opportunity to create a new wireless communication system meant to address those flaws while incorporating cutting-edge Orthogonal Frequency-Division Multiple Access (OFDMA) based technologies, and, starting in the 2004-2005 timeframe, they filed patents on the work.
Additionally, the communications between FCA’s Accused Products and the serving base station include a multitude of signals back and forth in normal operation, such as when establishing connections, sending and receiving control information, sending and receiving reference signaling, communicating data in the uplink and downlink, obtaining networks parameters, etc. And FCA’s Accused Products do this across a potentially large range of time and locations, including across a variety of base station equipment and configurations and/or wireless conditions.
Further, industry experts consulted by Neo have confirmed that, based on their experience with and knowledge of the 3GPP standards and their implementation, the Accused Products are configured to practice the covered functionality when they provide LTE connectivity.
Finally, on information and belief, due to the features FCA advertises as enabled by the 4G/LTE functionality, including but not limited to remote connectivity and Wi-Fi internet access, FCA’s Accused Products implement the Case 2:22-cv-11770-TGB ECF No. 1, PageID.26 Filed 07/15/22 Page 26 of 27