Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 1 of 40 PageID #: 1
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`Case No. 2:19-cv-00102
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`Jury Trial Demanded
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`COMPLAINT FOR PATENT INFRINGEMENT
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`UNILOC 2017 LLC,
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` Plaintiff,
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`vs.
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`AT&T SERVICES, INC., and AT&T
`MOBILITY LLC,
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`Defendants.
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`1
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`

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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 2 of 40 PageID #: 2
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`Plaintiff Uniloc 2017 LLC (“Uniloc”), by and through the undersigned counsel, hereby
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`brings this action and makes the following allegations of patent infringement relating to U.S.
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`Patent Nos. 7,075,917, 6,868,079, and 7,167,487 against Defendants AT&T Services, Inc., and
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`AT&T Mobility LLC (collectively “AT&T”) and alleges as follows upon actual knowledge with
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`respect to itself and its own acts, and upon information and belief as to all other matters:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement. Uniloc alleges that AT&T infringes
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`U.S. Patent Nos. Patent Nos. 7,075,917 (the “’917 patent”), 6,868,079, (the “’079 patent”) and
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`7,167,487 (the “”487 patent”), copies of which are attached as Exhibits A-C, respectively
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`(collectively “the Asserted Patents”).
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`2.
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`Uniloc alleges that AT&T directly and indirectly infringes the Asserted Patents by
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`importing, making, offering for sale, selling and operating (1) a WCDMA network including a
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`radio network controller and related user equipment that operate in compliance with
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`HSPA/HSPA+ standardized in UMTS 3 GPP Release 6 and above, such as the AT&T Velocity
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`USB stick and other devices supporting HSPA/HSPA+ and (2) a LTE network including base
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`stations, LTE connectivity, mobile hotspots, Internet-enabled vehicles and other LTE-connected
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`mobile devices that communicate using the LTE standard. AT&T also induces and contributes
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`to the infringement of others. Uniloc seeks damages and other relief for AT&T’s infringement
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`of the Asserted Patents.
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`THE PARTIES
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`3.
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`Uniloc 2017 LLC is a Delaware corporation having places of business at 1209
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`Orange Street, Wilmington, Delaware 19801, 620 Newport Center Drive, Newport Beach,
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`California 92660 and 102 N. College Avenue, Suite 303, Tyler, TX 75702.
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`1
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 3 of 40 PageID #: 3
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`4.
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`5.
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`Uniloc holds all substantial rights, title and interest in and to the Asserted Patents.
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`Upon information and belief, Defendant AT&T Services, Inc. is a Delaware
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`corporation with a place of business at 175 E. Houston, San Antonio, Texas 78205 and a
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`registered agent for service of process at CT Corp System, 1999 Bryan Street, Suite 900, Dallas,
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`Texas 75201
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`6.
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`Upon information and belief, Defendant AT&T Mobility LLC is a Delaware
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`limited liability company with a of business at 1025 Lenox Park Blvd NE, Atlanta, Georgia
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`30319 and a registered agent for service of process at CT Corp System, 1999 Bryan Street, Suite
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`900, Dallas, Texas 75201.
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`7.
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`Upon information and belief AT&T has at least the following regular and
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`established places of business in this District: 4757 S. Broadway Ave., Tyler Texas 75703; 2028
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`Southeast Loop 323, Tyler, Texas 75701; 8922 S. Broadway Ave., Tyler, Texas 75703.
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`JURISDICTION AND VENUE
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`8.
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`This action for patent infringement arises under the Patent Laws of the United
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`States, 35 U.S.C. § 1 et. seq. This Court has original jurisdiction under 28 U.S.C. §§ 1331 and
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`1338.
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`9.
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`This Court has both general and specific personal jurisdiction over AT&T
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`because they have committed acts within the Eastern District of Texas giving rise to this action
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`and have established minimum contacts with this forum such that the exercise of jurisdiction
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`over AT&T would not offend traditional notions of fair play and substantial justice. AT&T,
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`directly and through subsidiaries and intermediaries (including distributors, retailers, franchisees
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`and others), has committed and continues to commit acts of infringement in this District by,
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`among other things, making, using, testing, selling, licensing, importing, and/or offering for
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`2
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 4 of 40 PageID #: 4
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`sale/license products and services that infringe the Asserted Patents.
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`10.
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`Venue is proper in this district and division under 28 U.S.C. §§1391(b)-(d) and
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`1400(b) because AT&T has committed acts of infringement in the Eastern District of Texas and
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`has multiple regular and established places of business in the Eastern District of Texas.
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`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 7,075,917
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`11.
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`The allegations of paragraphs 1-10 of this Complaint are incorporated by
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`reference as though fully set forth herein.
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`12.
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`The ’917 patent titled, “Wireless Network With A Data Exchange According To
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`The ARQ Method,” issued on July 11, 2006. A copy of the ’917 patent is attached as Exhibit A.
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`13.
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`14.
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`Pursuant to 35 U.S.C. § 282, the ’917 patent is presumed valid.
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`Upon information and belief, AT&T makes, uses, offers for sale, and sells in the
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`United States and imports into the United States a WCDMA network including a radio network
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`controller and related user equipment that operate in compliance with HSPA/HSPA+
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`standardized in UMTS 3 GPP Release 6 and above, such as the AT&T Velocity USB stick and
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`other devices supporting HSPA/HSPA+ (collectively the “Accused Infringing Devices”).
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`15.
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`Upon information and belief, the Accused Infringing Devices infringe at least
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`claim 1 of the ’917 patent in the exemplary manner described below.
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`16.
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`AT&T provides a WCDMA network including a Radio Network Controller and
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`related user equipment (“UEs” or “terminals”) that communicate using a hybrid ARQ method.
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`The Radio Network Controller and UEs have a physical layer for the transmission and reception
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`of data. AT&T operates a network that supports WCDMA/HSPA. Figure 1 shows that a UE is
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`part of the network and that the UE has a physical layer/L1 and Section 5.1 shows that the radio
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`interface of the UE has a physical layer.
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`3
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 5 of 40 PageID #: 5
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`Source: (3GPP TS 25.401 V6.9.0 (2006-12), pages 13-14)
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`4
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 6 of 40 PageID #: 6
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`Source: (3GPP TS 25.301 V6.6.0 (2008-03), pages 8-9)
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`Source: (3GPP TS 25.301 V6.6.0 (2008-03), pages 9-11)
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`17.
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`An exemplary terminal that AT&T provides and that operates on AT&T’s
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`network is shown below.
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`5
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 7 of 40 PageID #: 7
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`Source: https://www.att.com/devices/att/velocity-usb-stick-refurb.html#specs
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`18.
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`The Accused Infringing Devices store in a physical layer buffer (“stored in a
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`memory”) medium access control-es (MAC-es) protocol data units (PDUs) (“transport blocks”)
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`after being hybrid automatic repeat request (HARQ) coded (“coded transport blocks”). Each
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`MAC-es PDU (“transport block”) includes at least one acknowledged mode data (AMD) radio
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`link control (RLC) PDU (“a packet data unit which is delivered by an assigned radio link control
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`layer”). Each AMD RLC PDU has a unique 12-bit sequence number (“identified by a packet
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`data unit sequence number”). Section 4.8 shows that the enhanced uplink data is HARQ coded
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`in the physical layer for transmission and Section 4.2.1.3.1 shows that the AMD RLC PDUs (“a
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`packet data unit which is delivered by an assigned radio link control layer”) are provided to
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`lower layers, such as the MAC layer.
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`6
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 8 of 40 PageID #: 8
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`Source: (3GPP TS 25.212 V6.10.0 (2006-12), pages 65-66)
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`
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`Source: (3GPP TS 25.322 V6.12.0 (2008-05), pages 16-17)
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`Figure 9b of section 5.3.5 shows that at least one RLC PDU (“packet data unit”)
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`19.
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`is encapsulated into a MAC-es PDU (“transport block”), which is provided to the physical layer,
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`7
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 9 of 40 PageID #: 9
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`such as for HARQ coding.
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`Source: (3GPP TS 25.301 V6.6.0 (2008-03), pages 21, 25)
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`Sections 9.2.1.4 and 9.2.2.3 show that the AMD PDUs have a sequence number.
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`20.
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`8
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 10 of 40 PageID #: 10
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`Source: (3GPP TS 25.322 V6.12.0 (2008-05), pages 26-27)
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`
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`Source: (3GPP TS 25.322 V6.12.0 (2008-05), pages 28-29)
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`Section 11.3.4.8 shows that the sequence number in the AMD PDUs are used for
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`21.
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`duplicate detection and are uniquely identified by the sequence number within the receiving
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`window.
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`Source: (3GPP TS 25.322 V6.12.0 (2008-05), page 71)
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`Each MAC-es PDU (“coded transport blocks”) has a transmission sequence
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`22.
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`9
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 11 of 40 PageID #: 11
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`number, TSN, (“abbreviated sequence number”) and the MAC-es PDU with its TSN
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`(“abbreviated sequence number”) is stored at least within a HARQ entity of the UE for potential
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`HARQ retransmission. The TSN is 6 bits (“length”) which is shorter (“abbreviated”) than the
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`AM RLC PDU sequence number of 12 bits. The MAC-es PDUs, including the TSNs, are
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`transmitted to the serving radio network controller (SRNC) via the NodeB/base station
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`(“transmitted to the radio network controller”).
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`23.
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`The TSN length depends on the maximum number of MAC-es PDUs to be stored
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`unambiguously within a reordering buffer at the SRNC. The SRNC performs duplicate detection
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`on the received MAC-es PDUs by using the TSN. If two different MAC-es PDUs (not a
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`duplicate) had the same TSN, the SRNC would erroneously discard a correctly received MAC-es
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`PDU. Thus, the TSN must be uniquely associated with each MAC-es PDU (non-duplicate) in
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`the reordering buffer (“which can be shown unambiguously in a packet data unit sequence
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`number”). To achieve this unique association, the TSN length must accommodate the maximum
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`number of MAC-es PDUs that can be stored in the reordering buffer. The TSN length is 6 bits,
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`which has values from 0 to 63 (“whose length depends on the maximum number of coded
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`transport blocks to be stored”). Section 9.2.4.1 shows that the length of the TSN is 6 bits (which
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`is shorter than the 12-bit AMD PDU sequence number).
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`Source: (3GPP TS 25.321 V6.18.0 (2009-03), page 50)
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`Section 11.8.1.2.1 shows that each MAC-es PDU is sequentially assigned an
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`24.
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`
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`incremented sequence number, so that each MAC-es PDU will have a unique sequence number
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`10
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 12 of 40 PageID #: 12
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`in the SRNC reordering buffer.
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`Source: (3GPP TS 25.321 V6.18.0 (2009-03), pages 74-75)
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`Figure 9.1.5.1 of section 9.1.5 shows that the MAC-es PDU has a TSN.
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`25.
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`Source: (3GPP TS 25.321 V6.18.0 (2009-03), page 35)
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`Section 5.3.5 shows that the MAC-es PDU is provided to the physical layer for
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`26.
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`11
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 13 of 40 PageID #: 13
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`transmission (including HARQ coding).
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`Source: (3GPP TS 25.301 V6.6.0 (2008-03), pages 21, 25)
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`Sections 11.8.3.1 from TS 25.321 and 10.3.2.2 from 3G Evolution HSPA and
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`27.
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`LTE for Mobile Broadband show that the infrastructure stores MAC-es PDUs in a reordering
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`buffer and uses their unique TSNs to reorder and detect duplicate MAC-es PDUs within the
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`reordering buffer.
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`Source: (3GPP TS 25.321 V6.18.0 (2009-03), page 83)
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`12
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 14 of 40 PageID #: 14
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`Source: (3G Evolution HSPA and LTE for Mobile Broadband, §10.3.2.2)
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`The physical layer of the UE (“terminal”) receives a HARQ coded MAC-hs PDU
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`28.
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`(“coded transport block”) over high speed physical downlink shared channel(s), HS-PDSCH(s).
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`As described in the patent description, the radio network controller sends downlink data using its
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`base station (“radio network controller”). The UE (“terminal”) checks the transport block for
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`errors in reception. In response to the error check, the UE terminal sends an ACK
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`(“acknowledge command”) or a NACK (“negative acknowledge command”) over the high speed
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`13
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 15 of 40 PageID #: 15
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`physical dedicated control channel, HS-PDCCH, (“back channel”). Section 5.2.1.2 shows that
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`the HS-PDCCH (“back channel”) sends HARQ-ACK data (“acknowledge command” or
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`“negative acknowledge command”).
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`Source: (3GPP TS 25.211 V6.10.0 (2009-09), pages 12-13)
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`Sections 6A.1.1 and 4.2.3.3 show that the UE transmits the ACKs/NACKs in
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`29.
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`
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`response to received MAC-hs PDUs received from the MAC-hs HARQ entity.
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`Source: (3GPP TS 25.214 V6.11.0 (2006-12), pages 34-35)
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`14
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 16 of 40 PageID #: 16
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`Source: (3GPP TS 25.321 V6.18.0 (2009-03), pages 16-17)
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`Section 11.6.2.2 shows that the UE sends an ACK when no error is detected
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`30.
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`(“correct reception”) or a NACK when an error is detected (“there is error-affected reception”).
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`Source: (3GPP TS 25.321 V6.18.0 (2009-03), pages 68-69)
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`15
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 17 of 40 PageID #: 17
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`31.
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`AT&T has infringed, and continues to infringe, at least claim 1 of the ’917 patent
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`in the United States, by making, using, offering for sale, selling and/or importing the Accused
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`Infringing Devices in violation of 35 U.S.C. § 271(a).
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`32.
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`AT&T also has infringed, and continues to infringe, at least claim 1 of the ’917
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`patent by actively inducing others to use, offer for sale, and sell the Accused Infringing Devices.
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`AT&T’s users, customers, agents or other third parties who use those devices in accordance with
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`AT&T’s instructions infringe claim 1 of the ’917 patent, in violation of 35 U.S.C. § 271(a).
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`AT&T intentionally instructs customers to infringe through training videos, demonstrations,
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`brochures and user guides, such as those located at: www.att.com; forums.att.com;
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`www.att.com/esupport; https://www.att.com/devices/att/velocity-usb-stick.html;
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`https://www.att.com/devicehowto/index.html#!/?make=ATT&model=VelocityMF923. AT&T is
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`thereby liable for infringement of the ’917 patent under 35 U.S.C. § 271(b).
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`33.
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`AT&T also has infringed, and continues to infringe, at least claim 1 of the ’917
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`patent by offering to commercially distribute, commercially distributing, or importing the
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`Accused Infringing Devices which are used in practicing the processes, and constitute a material
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`part of the invention. AT&T knows portions of the Accused Infringing Devices to be especially
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`made or especially adapted for use in infringement of the ’917 patent, not a staple article, and not
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`a commodity of commerce suitable for substantial noninfringing use. AT&T is thereby liable for
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`infringement of the ’917 Patent under 35 U.S.C. § 271(c).
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`34.
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`AT&T is on notice of infringement of the ’917 patent by no later than the filing
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`and service of this Complaint. By the time of trial, AT&T will have known and intended (since
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`receiving such notice) that its continued actions would actively induce and contribute to the
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`infringement of at least claim 1 of the ’917 patent.
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`16
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 18 of 40 PageID #: 18
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`35.
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`Upon information and belief, AT&T may have infringed and continues to infringe
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`the ’917 patent through other software and devices utilizing the same or reasonably similar
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`functionality, including other versions of the Accused Infringing Devices.
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`36.
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`AT&T’s acts of direct and indirect infringement have caused and continue to
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`cause damage to Uniloc and Uniloc is entitled to recover damages sustained as a result of
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`AT&T’s wrongful acts in an amount subject to proof at trial.
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`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 6,868,079
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`40.
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`The allegations of paragraphs 1-10 of this Complaint are incorporated by
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`reference as though fully set forth herein.
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`41.
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`The ’079 patent titled, “Radio Communication System With Request Re-
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`Transmission Until Acknowledged,” issued on March 15, 2005. A copy of the ’079 patent is
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`attached as Exhibit B.
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`42.
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`43.
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`Pursuant to 35 U.S.C. § 282, the ’079 patent is presumed valid.
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`Upon information and belief, AT&T makes, uses, offers for sale, and sells in the
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`United States and imports into the United States a LTE network including base stations, LTE
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`connectivity, mobile hotspots, Internet-enabled vehicles and other LTE-connected mobile
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`devices that communicate using the LTE standard (collectively the “Accused Infringing
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`Devices”).
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`17
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 19 of 40 PageID #: 19
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`Source: https://www.att.com/esupport/article.html#!/wireless/KM1008740
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`Source: https://www.att.com/devices/att/velocity-usb-stick-refurb.html#specs
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`Source: https://www.att.com/cellphones/att/att-wireless-internet.html#sku=sku8550279
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`18
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 20 of 40 PageID #: 20
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`Source: https://www.att.com/shop/wireless/connected-car/ford/ford-models.html
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`44.
`Upon information and belief, the Accused Infringing Devices infringe claim 17 of
`the ’079 patent by practicing a method in the exemplary manner described below.
`45.
`LTE is a cellular communication standard that utilizes radio frequencies for
`communication, and products built to the LTE standard operate as a radio communication
`system.
`40.
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`AT&T’s LTE network includes a physical uplink control channel (PUCCH) used to
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`transmit user signaling data from one or more terminals, such as AT&T LTE connectivity devices,
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`AT&T Wi-Fi-enabled vehicles and other devices (“secondary stations”).
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`41.
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`LTE specifies two frame structure types for the PUCCH: frame structure Type 1
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`for FDD mode, and frame structure Type 2 for TDD mode. For the frame structure Type 1, a 10
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`ms radio frame is divided into 20 equally sized slots of 0.5 ms. For a given LTE cell on AT&T’s
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`network, respective time slots in the PUCCH are allocated to one or more terminals within that
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`cell on a sub-frame basis.
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`19
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 21 of 40 PageID #: 21
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`42.
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`Downlink and uplink transmissions are organized into radio frames with 10 ms
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`duration. Two radio frame structures are supported.
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`Source: [3GPP TS 36.300, Section 5]
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`Source: Dahlman et al., 3G EVOLUTION HSPA AND LTE FOR MOBILE BROADBAND,
`SECOND EDITION, p. 404
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`20
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 22 of 40 PageID #: 22
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`Source: [3GPP TS 36.300, §5.2.3]
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`Source: 3GPP TS 36.213, §10.1
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`21
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 23 of 40 PageID #: 23
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`n
`PRB
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`= N
`
`UL
`RB
`
`-
`
`1
`
`1=m
`3=m
`
`0=m
`2=m
`
`n
`
`PRB =
`
`0
`
`2=m
`0=m
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`3=m
`1=m
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`One subframe
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`Figure 5.4.3-1: Mapping to physical resource blocks for PUCCH.
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`Source: 3GPP TS 36.211, Section 5.4.3
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`43.
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`If after transmitting a scheduling request on the PUCCH a terminal does not receive a
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`grant for UL-SCH resources (“an acknowledgement”) from the AT&T base station, eNodeB, the
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`secondary station re-transmits the scheduling request in consecutive allocated time slots until it
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`receives such a grant.
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`44.
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`At least one mobile device or UE (“secondary station”) will transmit the scheduling
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`request in two consecutive time slots in the assigned subframe (“allocated time slots”). The secondary
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`station repeats the transmission of the scheduling request (“re-transmitting the same respective
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`request”) until it receives a scheduling grant. The secondary station retransmits without waiting for an
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`acknowledgement. Section 10.1 shows that the SR is transmitted in assigned subframes.
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`22
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 24 of 40 PageID #: 24
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`Section 5.4.3 shows that the SR is transmitted in two sequential time slots (“the
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`45.
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`same request for services in consecutive allocated time slots”). The PUCCH transmission occurs
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`in the second slot of the subframe regardless of (“without waiting for”) the UE (“secondary
`
`station”) receiving a grant (“re-transmitting the same request for services in consecutive
`
`allocated time slots without waiting for an acknowledgement until said acknowledgment is
`
`received”).
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`23
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 25 of 40 PageID #: 25
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`
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`46.
`
`If a sufficient amount of PUCCH energy is detected by the AT&T base station
`
`
`
`(eNodeB), the eNodeB will identify it as a scheduling request from the corresponding terminal.
`
`Hence, the eNodeB determines whether a scheduling request has been transmitted by
`
`determining whether the signal strength of the scheduling request exceeds a threshold value.
`
`
`
`
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`24
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 26 of 40 PageID #: 26
`
`Source: Dahlman et al., 3G EVOLUTION HSPA AND LTE FOR MOBILE BROADBAND,
`SECOND EDITION, p. 400.
`
`
`AT&T has infringed, and continues to infringe, at least claim 17 of the ’079
`
`47.
`
`patent in the United States, by making, using, offering for sale, selling and/or importing the
`
`Accused Infringing Devices in violation of 35 U.S.C. § 271(a).
`
`48.
`
`AT&T also has infringed, and continues to infringe, at least claim 17 of the ’079
`
`patent by actively inducing others to use, offer for sale, and sell the Accused Infringing Devices.
`
`AT&T’s users, customers, agents or other third parties who use those devices in accordance with
`
`AT&T’s instructions infringe claim 17 of the ’079 patent, in violation of 35 U.S.C. § 271(a).
`
`AT&T intentionally instructs customers to infringe through training videos, demonstrations,
`
`brochures and user guides, such as those located at: www.att.com; forums.att.com;
`
`www.att.com/esupport; https://www.att.com/devices/att/velocity-usb-stick.html;
`
`https://www.att.com/devicehowto/index.html#!/?make=ATT&model=VelocityMF923;
`
`https://www.att.com/buy/connected-devices-and-more;
`
`https://www.att.com/shop/wireless/connected-car/ford/ford-models.html;
`
`https://www.att.com/plans/connected-car/vlt.html. AT&T is thereby liable for infringement of
`
`the ’079 patent under 35 U.S.C. § 271(b).
`
`49.
`
`AT&T also has infringed, and continues to infringe, at least claim 17 of the ’079
`
`patent by offering to commercially distribute, commercially distributing, or importing the
`
`Accused Infringing Devices which devices are used in practicing the processes, or using the
`
`systems, of the ’079 patent, and constitute a material part of the invention. AT&T knows
`
`portions of the Accused Infringing Devices to be especially made or especially adapted for use in
`
`infringement of the ’079 patent, not a staple article, and not a commodity of commerce suitable
`
`for substantial noninfringing use. AT&T is thereby liable for infringement of the ’079 Patent
`
`
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`25
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 27 of 40 PageID #: 27
`
`under 35 U.S.C. § 271(c).
`
`50.
`
`AT&T is on notice of its infringement of the ’079 patent by no later than the filing
`
`and service of this Complaint. By the time of trial, AT&T will have known and intended (since
`
`receiving such notice) that its continued actions would actively induce and contribute to the
`
`infringement of at least claim 17 of the ’079 patent.
`
`51.
`
`Upon information and belief, AT&T may have infringed and continues to infringe
`
`the ’079 patent through other software and devices utilizing the same or reasonably similar
`
`functionality, including other versions of the Accused Infringing Devices.
`
`52.
`
`AT&T’s acts of direct and indirect infringement have caused and continue to
`
`cause damage to Uniloc and Uniloc is entitled to recover damages sustained as a result of
`
`AT&T’s wrongful acts in an amount subject to proof at trial.
`
`COUNT III: INFRINGEMENT OF U.S. PATENT NO. 7,167,487
`
`53.
`
`The allegations of paragraphs 1-10 of this Complaint are incorporated by
`
`reference as though fully set forth herein.
`
`54.
`
`The ’487 patent titled, “Network With Logic Channels And Transport Channels,”
`
`issued on January 23, 2007. A copy of the ’487 patent is attached as Exhibit C.
`
`55.
`
`56.
`
`Pursuant to 35 U.S.C. § 282, the ’487 patent is presumed valid.
`
`The Accused Infringing Devices include a network, base stations and related
`
`devices (UE) operating on the network using logical channels and support channels. In
`
`particular, AT&T operates a network and makes, uses, offers for sale, and/or sells in the United
`
`States and imports into the United States a network, base stations, electronic devices that operate
`
`on that network in compliance with HSUPA/HSUPA+ standardized in UMTS 3GPP Release 6
`
`and above, such as, the AT&T Velocity USB stick and other devices supporting HSPA/HSPA+
`
`
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`26
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 28 of 40 PageID #: 28
`
`(collectively the “Accused Infringing Devices”).
`
`57.
`
`Upon information and belief, the Accused Infringing Devices infringe at least
`
`claim 1 of the ’487 patent in the exemplary manner described below. The UMTS 3GPP Release
`
`6 and above standard provides a mapping of logical channels to transport channels.
`
`
`
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`
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`
`
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`27
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 29 of 40 PageID #: 29
`
`
`
`
`Source: 3GPP TS 25.301 V6.6.0 (2008-03) Technical Specification 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network; Radio Interface Protocol
`Architecture, http://www.3gpp.org/ftp/Specs/html-info/25301.htm, Page 16-17.
`
`
`58.
`The Accused Infringing Devices are designed for transmitting transport blocks
`formed from packet units of the logic channels. For example, the Accused Infringing Devices
`include a medium access control (MAC) layer that receives upper layer protocol data units
`(PDUs) (i.e., “packet units”), on logical channels and multiplexes the upper layer PDUs into
`transport blocks. As such the transport blocks are formed from the packet units (PDUs). As
`shown below, the logical channels come from the upper layer into the MAC and are output on
`the transport channels for transmission.
`
`
`Source: 3GPP TS 25.301 V6.6.0 (2008-03) Technical Specification 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network; Radio Interface Protocol
`Architecture, http://www.3gpp.org/ftp/Specs/html-info/25301.htm, Page 18.
`
`
`
`28
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 30 of 40 PageID #: 30
`
`
`
`
`Source: 3GPP TS 25.321 V6.18.0 (2009-03) Technical Specification 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network; Medium Access Control (MAC)
`protocol specification, http://www.3gpp.org/ftp/Specs/html-info/25321.htm, Page 12.
`
`
`59.
`A number of valid transport format combinations are allocated to the transport
`channels. For example, the network signals devices operating on the network (UE), which
`transport format combinations (TFCs) they can use for the transport channels (i.e., “valid
`transport format combinations”). For the dedicated channel (DCH) transport channel, UE are
`configured to use a transport format combination set (TFCS). For the enhanced DCH (E-DCH)
`transport channel, a UE is configured to use a table of enhanced TFCs (E-TFCs). The network
`configures a UE to limit the number of TFCs/E-TFCs used (i.e., the “number of valid transport
`format combinations”), so that a fixed number of bits are sent by the UE to indicate the selected
`TFC/E-TFC. For example, 128 E-TFCs are included in each E-TFC table, so that the EU only
`uses 7 bits to signal the selected E-TFC. As shown below, a UE is configured to use a table of
`E-TFCs/E-TFCIs (“valid”) for the E-DCH transport channel and are configured to use a set of
`TFCs, TFCs, (“valid”) for the DCH transport channel. The E-DCH uses a 7-bit indicator (128
`
`
`
`29
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`

`

`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 31 of 40 PageID #: 31
`
`values) to indicate the selected E-TFC (E-TFCI) for the E-DCH.
`
`
`
`Source: 3GPP TS 25.321 V6.18.0 (2009-03) Technical Specification 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network; Medium Access Control (MAC)
`protocol specification, http://www.3gpp.org/ftp/Specs/html-info/25321.htm, Page 78-79.
`
`
`
`
`
`Source: 3GPP TS 25.331 V6.26.0 (2011-12) Technical Specification 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network; Radio Resource Control (RRC);
`Protocol Specification, http://www.3gpp.org/ftp/Specs/html-info/25331.htm, Page 647.
`
`
`
`
`
`
`
`
`30
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`

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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 32 of 40 PageID #: 32
`
`
`
`Source: 3GPP TS 25.331 V6.26.0 (2011-12) Technical Specification 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network; Radio Resource Control (RRC);
`Protocol Specification, http://www.3gpp.org/ftp/Specs/html-info/25331.htm, Page 577.
`
`
`
`
`
`
`
`Source: Harri Holma, Antti Toskala (2006), HSDPA/HSUPA for UMTS High Speed Radio
`Access for Mobile Communications, John Wiley & Sons, LTD.
`
`
`60.
`The combinations indicate the transport blocks designed for transmission for each
`transport channel. For example, each TFC (i.e., “combination”) of the E-TFCs defines one or
`more transport blocks designed for transmission over each transport channel. An E-TFC defines
`a unique transport block size, having associated physical layer parameters, which are applied to
`one or more transport blocks (i.e., “indicate the transport blocks designed for transmission for
`
`
`
`31
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`

`

`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 33 of 40 PageID #: 33
`
`each transport channel”). To illustrate, each E-TFC is uniquely associated with a number of
`channelization codes and a spreading factor used at the physical layer for that transport block.
`For the claimed “combinations indicate the transport blocks designed for transmission for each
`transport channel,” the E-TFC defines the formatting or the “design” of the transport block at the
`physical layer (i.e., “for transmission”). Annex B is one of the E-DCH transport block size
`tables. The selected E-TFC has a corresponding E-TFCI and transport block size. The selection
`of the E-TFC sets the format (i.e., “design”) for transport blocks sent on the E-DCH transport
`channel. The E-TFC/E-TFCI defines the physical layer processing of the E-DCH transport
`blocks.
`
`
`
`
`Source: 3GPP TS 25.321 V6.18.0 (2009-03) Technical Specification 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network; Medium Access Control (MAC)
`protocol specification, http://www.3gpp.org/ftp/Specs/html-info/25321.htm, Page 86.
`
`
`Source: Erik Dahlman, et al (2008), 3G Evolution HSPA and LTE for Mobile Broadband.
`Elsevier Ltd.
`
`
`
`32
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`Case 2:19-cv-00102-JRG Document 1 Filed 03/26/19 Page 34 of 40 PageID #: 34
`
`
`
`
`
`
`Source: Harri Holma, Antti Toskala (2006), HSDPA/HSUPA for UMTS High Speed Radio
`Access for Mobile Communications, John Wiley & Sons, LTD.
`
`
`61.
`A selection algorithm is provided for selecting the transport format combinations
`and the selection of the transport format combinations is carried out while taking into account a
`minimum bit rate criterial applicable to the respective logic channel. For example, uses an E-
`TFC selection algorithm (i.e., “algorithm provided for selecting…”) to select E-TFCs (i.e.,
`“transport format combinations”). The logical channels have respective QoS criteria, including a
`Guaranteed bit rate (GBR) (i.e., “minimum bit rate”). The Accused Infringing Device is
`provided a non-scheduled grant for the logical channel to meet the GBR (i.e., “a minimum bit
`rate obtaining for the respective logical channel”). The non-scheduled grant for the GBR service
`is used by the Accused Infringing Device to select the E-TFC (i.e., “the selection of the transport
`format combinations is carried out while taking into account a minimum bit rate”). As shown
`below, a UE uses the non-scheduled grants in the E-TFC sel