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20-04-24 TXWD20cv324 Conversant v. Tesla Complaint
20-04-24 TXWD20cv324 Conversant v. Tesla Complaint
Plaintiff Conversant Wireless Licensing S.A.R.L. (“Conversant”) files this Complaint for
patent infringement against Defendant Tesla, Inc. (“Tesla” or “Defendant”), alleging as follows:
NATURE OF SUIT
1. This is a claim for patent infringement arising under the patent laws of the United
PARTIES
duly organized and existing under the laws of the Grand Duchy of Luxembourg, having a principal
place of business at 12, rue Jean Engling, L-1466, Luxembourg. Conversant has a regular and
established place of business and does business relating to the Patents-in-Suit, as defined in
section I below, in connection with its wholly-owned subsidiary, Conversant Wireless Licensing
Ltd. (“Conversant USA”), a corporation duly organized and existing under the laws of the State of
Texas, having a principal place of business at 5630 Granite Parkway #100-247, Suite 247, Plano,
TX 75024. All pertinent documents and discovery relevant to this matter either reside at
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Conversant USA’s local address or will be produced at that address. Conversant is the owner of
the laws of the State of Delaware, having a principal place of business at 3500 Deer Creek Road,
Palo Alto, CA 94304. Tesla may do business with the fictitious name Tesla Motors, Inc. Tesla
can be served with process through its registered agent in the State of Texas, CT Corporation, 1999
4. This action arises under the patent laws of the United States, 35 U.S.C. § 101, et
seq. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
5. Tesla is subject to personal jurisdiction in this Court. This Court has personal
jurisdiction over Tesla because Tesla has engaged in continuous, systematic, and substantial
activities within this State, including substantial marketing and sales of products within this State
and this District. Furthermore, upon information and belief, this Court has personal jurisdiction
over Tesla because Tesla has committed acts giving rise to Conversant’s claims for patent
6. Upon information and belief, Tesla has conducted and does conduct substantial
intermediaries, such substantial business including but not limited to: (i) at least a portion of the
direct and indirect acts of infringement alleged herein; (ii) purposefully and voluntarily placing
one or more infringing products into the stream of commerce with the expectation that they will
be purchased by consumers in this forum; or (iii) regularly doing or soliciting business, engaging
in other persistent courses of conduct, or deriving substantial revenue from goods and services
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provided to individuals in Texas and in this judicial district. Thus, Tesla is subject to this Court’s
specific and general personal jurisdiction pursuant to due process and the Texas Long Arm Statute.
7. Upon information and belief, Tesla has committed acts of infringement in this
District and has one or more regular and established places of business within this District under
28 U.S.C. § 1400(b). Thus, venue is proper in this District under 28 U.S.C. § 1400(b).
8. Tesla maintains a permanent physical presence within this District. For example,
it maintains galleries at (1) 12845 Research Boulevard, Austin, Texas 78759; (2) 11600 Century
Oaks Terrace, Austin, Texas 78758; and (3) 23011 IH-10 West, San Antonio, Texas 78257. Tesla
also maintains service centers in this District, including at 12845 Research Boulevard, Austin,
Texas 78759; 23011 IH-10 West, San Antonio, Texas 78257; and 28 Walter Jones, Suite C, El
Paso, Texas. Tesla conducts business from at least these locations. Tesla employs employees who
features commercial signage at each Supercharger station identifying the location as a regular and
established place of Tesla’s business. Moreover, Superchargers are monitored closely and
regularly serviced by Tesla Service Technicians. Tesla’s Supercharging stations in this District
include at least at the following locations: (1) Austin, TX – Research Boulevard Supercharger,
9607 Research Boulevard, Austin, TX 78759; (2) Austin, TX Supercharger, 6406 N. Interstate 35
Frontage Road, Austin, TX 78752; (3) El Paso Supercharger, 6401 South Desert Boulevard, El
Paso, Texas 79932; (4) Fort Stockton, TX Supercharger, 2571 North Front Street, Fort Stockton,
Texas 79735; (5) Giddings, TX Supercharger, 3025 East Austin Street, Giddings, Texas 78942;
(6) Junction Supercharger, 2415 N Main Street, Junction, Texas 76849; (7) Leon Springs, TX
Supercharger, 24165 I-10 #300, San Antonio, Texas 78357; (8) Midland Supercharger, 3001
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Antelope Trail, Midland, Texas 79706; (9) Pecos, TX Supercharger, 100 East Pinehurst Street,
Pecos, Texas 79772; (10) San Antonio, TX Supercharger, 11745 I-10, San Antonio, Texas 78230;
(11) San Marcos, TX Supercharger, 3939 Interstate 35, San Marcos, Texas 78666; (12) Van Horn
Supercharger, 1921 Frontage Rd, Van Horn, Texas 79855; and (13) Waco Supercharger, 701
Interstate 35, Bellmead, Texas 76705. Upon information and belief, Tesla also has eight (8)
10. Tesla’s locations in this District, including at least those identified in paragraphs 8
and 9 above, are regular and established places of business under 28 U.S.C. § 1391, 28 U.S.C.
§ 1400(b), and In re Cray, Inc., 871 F.3d 1355, 1360 (Fed. Cir. 2017).
paragraphs 8 and 9 above, are physical places in this District. Each gallery and service
center comprises one or more buildings set apart for the purpose of offering for sale, selling,
a physical area set apart for the purpose of charging infringing products. Indeed, Tesla
itself advertises its physical locations in this District as places of its business and it features
paragraphs 8 and 9 above, are regular and established. Tesla features commercial signage
at each location identifying the location as a regular and established place of Tesla’s
business.
paragraphs 8 and 9 above, are places of business of Tesla. Tesla offers its own products
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paragraphs 8 and 9 above, are physical, geographical locations in this District from which
identified in paragraphs 8 and 9 above. Upon information and belief, these Tesla
employees are regularly and physically present at Tesla’s locations, including at least those
identified in paragraphs 8 and 9 above, during business hours and they are conducting
11. Further, upon information and belief, Tesla trains future employees (specifically,
electric vehicle technicians) in this District at Tesla’s START Training Program housed at Texas
State Technical College in Waco, Texas. Tesla provides the instructor, training equipment,
vehicles, tools, and curriculum for the program. Students are employed by Tesla as hourly interns,
and following completion of the program they are placed in a Tesla Service Center in North
America.
FACTUAL ALLEGATIONS
I. PATENTS-IN-SUIT
12. United States Patent No. 7,606,205 (“the ’205 Patent”) is entitled “System and
Method for Providing Selection Diversity for Multicasting Content.” The ’205 Patent duly and
legally issued on October 20, 2009, from U.S. Patent Application No. 10/281,200, filed on October
28, 2002. The ’205 Patent names Karri Ranta-Aho and Anttti Toskala as inventors. Conversant
is the current owner of all rights, title, and interest in and to the ’205 Patent. A true and correct
copy of the ’205 Patent is attached hereto as Exhibit A and is incorporated by reference herein.
13. United States Patent No. 7,684,357 (“the ’357 Patent”) is entitled “Enhanced
Pre-Notification Procedure for GERAN MBMS.” The ’357 Patent duly and legally issued on
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March 23, 2010 from U.S. Patent Application No. 11/226,566, filed on September 14, 2005. The
’357 Patent is related to provisional application No. 60/611,140, filed on September 17, 2004. The
’357 Patent names Harri Jokinen, Guillaume Sebire, and Rami Vaittinen as inventors. Conversant
is the current owner of all rights, title, and interest in and to the ’357 Patent. A true and correct
copy of the ’357 Patent is attached hereto as Exhibit B and is incorporated by reference herein.
14. United States Patent No. 10,548,119 (“the ’119 Patent”) is entitled “Fixed
HS-DSCH or E-DCH Allocation for VoIP (or HS-DSCH Without HS-SCCH/E-DCH Without
E-DPCCH).” The ’119 Patent duly and legally issued on January 28, 2020 from U.S. Patent
Application No. 16/247,701, filed on January 15, 2019. The ’119 Patent is a continuation of
application No. 15/611,214, filed on June 21, 2017, now United States Patent No. 10,244,516.
United States Patent No. 10,244,516 is a continuation of application No. 14/330,211, filed on
July 14, 2014, now United States Patent No. 9,763,231. United States Patent No. 9,763,231 is a
continuation of application No. 11/411,995, filed on April 25, 2006, now United States Patent
No. 8,804,505. The ’119 Patent is entitled to the benefit of the April 25, 2006 filing date of United
States Patent No. 8,804,505. The ’119 Patent is related to provisional application No. 60/675,127,
filed on April 26, 2005. The ’119 Patent names Esa Malkamaki and Markku Kuusela as inventors.
Conversant is the current owner of all rights, title, and interest in and to the ’119 Patent. A true
and correct copy of the ’119 Patent is attached hereto as Exhibit C and is incorporated by reference
herein.
15. Collectively, the ’205 Patent, the ’357 Patent, and the ’119 Patent are referred to
II. BACKGROUND
16. In 2011, Conversant acquired a portfolio of close to 2,000 patents and patent
applications previously owned by Nokia Corporation (“Nokia”), obtaining all right, title, and
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interest in, to and under the patents and patent applications in the portfolio, including without
limitation the right to sue for past, present, or future infringements of the patents and patent
applications acquired. By reason of the aforesaid, Conversant has, since 2011, been the owner of
the Patents-in-Suit and the right to enforce them. Before Conversant became the owner of the
Patents-in-Suit, the Patents-in-Suit were originally invented by agents or employees of, procured
17. Nokia is and has been a member of the European Telecommunications Standards
Conversant and/or Nokia have made declarations in respect of the Patents-in-Suit to ETSI, one of
the organizational partners of the Third Generation Partnership Project (“3GPP”) that organizes
wireless mobile communications devices include second generation technologies such as Global
System for Mobile (“GSM”) and GSM Packet Radio Service (“GPRS”), third generation
technologies such as Universal Mobile Telecommunications System (“UMTS”) and High Speed
Packet Access (“HSPA”), and fourth generation technologies such as Long-Term Evolution
(“LTE”). With respect to the Patents-in-Suit, the declarations and affirmations made by
Conversant and/or Nokia include a provision to the effect that the declarant is prepared to grant
terms. Conversant has specifically agreed to grant a license to the Patents-in-Suit under FRAND
terms to willing licensees who negotiate in good faith. For example, on July 22, 2014, Conversant
made a declaration to ETSI to the effect that it is willing and prepared to grant irrevocable licenses
on terms and conditions that are FRAND with respect to the patents that it owns that cover
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functionality that has been implemented in mobile communications devices that are in compliance
with the requirements and technical specifications of the mobile communications standards that
18. On or about December 18, 2018, Conversant sent a letter and FRAND licensing
offer to Tesla. The letter stated, “Conversant Wireless owns an extensive patent portfolio related
to mobile communications networks, which includes hundreds of patents and patent applications
that have been declared essential to 2G, 3G and 4G mobile standards.” Conversant then offered a
Wireless is offering a FRAND license to its SEP portfolio to manufacturers of vehicles with
cellular functionality, including Tesla.” As part of its FRAND offer, Conversant provided Tesla
with access to a Share File site which included representative claim charts for Conversant’s patent
portfolio.
19. In addition, Conversant is a member of the Avanci patent pool. As such, upon
information and belief, Avanci also offered Tesla a FRAND license to Conversant’s SEP patent
20. As of December 18, 2018, the Shared Site provided by Conversant to Tesla
included over 20 claim charts for Conversant’s Standard Essential Patents issued in the United
States and foreign countries. At least by having access to this Shared Site, Tesla had knowledge
of each of the Patents-in-Suit and its infringement of such patents, prior to the filing of this lawsuit.
21. After Tesla ignored Conversant’s December 18, 2018 FRAND license offer, on
February 26, 2019, Conversant again contacted Tesla to follow up on its previous offer, stating in
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part, “As you are well aware, FRAND licensing of Standard Essential Patents (SEPs) requires
22. Tesla finally responded on April 4, 2019 but failed to provide any material response
23. After no further communication from Tesla, on or about February 26, 2020,
Conversant filed patent infringement complaints against Tesla, Inc. and its German subsidiary
24. On March 16, 2020, Conversant again contacted Tesla, informing it of the German
patent infringement complaints, stating “Tesla’s failure to provide a material response or any
further communication raises doubts as to its actual willingness to take a license. We also
understand that Tesla has not taken the parallel pool offer from Avanci, which presents an
alternative opportunity to license our portfolio. . . . We remain open and willing to discuss our
bilateral license offer and hope that a meeting can be arranged promptly.”
25. On March 26, 2020, Tesla responded by requesting a copy of the German patent
infringement complaints and indicating that “Tesla is and remains a willing licensee of the
Conversant portfolio for applicable standard-essential-patents (“SEP”),” and suggested that Tesla
26. On April 6, 2020, Conversant responded by again offering a FRAND license to its
SEP portfolio: “I can confirm that our applicable SEPs can be licensed either through the Avanci
pool or by way of our bilateral FRAND license offer presented to you in December 2019. As we
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understand that you have declined our bilateral FRAND offer, we now look forward to your
27. To date, Tesla has not taken a license to Conversant’s patent portfolio, or any of
the Patents-in-Suit.
28. As further discussed below, Tesla has directly and indirectly infringed and
continues to directly and indirectly infringe each of the Patents-in-Suit by engaging in acts
constituting infringement under 35 U.S.C. § 271(a), (b), and/or (c), including without limitation
by one or more of making, using, selling and offering to sell, in this District and elsewhere in the
United States, and importing into this District and elsewhere in the United States Tesla’s connected
29. Tesla is doing business in the United States, and, more particularly, in the this
District by making, using, selling, importing, and/or offering for sale the Tesla
Model Y, Cybertruck, and Roadster that infringe one or more of the patent claims involved in this
action.
30. Upon information and belief, and as widely reported, the Tesla Standard-Compliant
Products, including the above-referenced connected vehicles, are compliant with at least 3G and/or
4G/LTE cellular network standards . See, e.g., Tesla unveils world’s first mass-produced, highway
connectivity”); Roger Cheng, Tesla taps AT&T to bring cellular connection to its cars, CNET,
(describing 3G and HSPA+ capability); First LTE-enabled Tesla Model S delivered, Electrek, June
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S delivered with working 4G/LTE capability); Tesla to Acquire SolarCity: Presentation to Proxy
Advisory Firms, Form S-4 File No.:333-213390, Oct. 25, 2016, at 16 (stating vehicle features
include 4G/LTE connectivity); Russ Mitchell, Tesla Model 3 has some unusual features, including
https://www.seattletimes.com/business/tesla-model-3-has-some-unusual-features-including-an-
instrument-free-dash (reporting Model 3 is 4G/LTE capable); Ryan Whittwam, Tesla will begin
charging $10 per month for “Premium” LTE features, Dec. 9, 2019,
https://www.extremetech.com/extreme/303159-tesla-will-begin-charging-10-per-month-for-
premium-lte-features (reporting that all Tesla vehicles are 4G/LTE capable) (collectively attached
31. Tesla’s Support webpage confirms that the Tesla Standard-Compliant Products,
including Tesla’s Model 3, Model S, Model X, and Model Y connected vehicles, come with
offers its connectively package with 3G and 4G/LTE cellular free for the first year (for orders of
Model S, Model X, Model Y, and Model 3 with Premium Interior) and 30 days (for orders of
Model 3 Standard Range and Standard Range Plus), and charges $9.99 per month thereafter. See
id.
32. Further, the Owner’s Manuals for the Tesla Standard-Compliant Products,
including Tesla’s Model 3, Model S, Model X, and Model Y connected vehicles, confirm that the
Tesla Standard-Compliant Products are compliant with at least 3G and/or 4G/LTE cellular network
standards. For example, the Owner’s Manual for the Model S describes how the internet
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connection of the Model S can be switched from a cellular connection (“usually LTE or 3G”) to a
Wi-Fi connection. See, e.g., Model S Owner’s Manual, v. 2020.4 North America, at 156 (attached
33. Conversant incorporates by reference the allegations set forth in Paragraphs 1–32
34. In violation of 35 U.S.C. § 271(a), Tesla is and has been directly infringing one or
more of the ’205 Patent’s claims, including at least Claim 21, by making, using, offering to sell,
and/or selling in the United States, and/or importing into the United States, without authority,
products that support 3G and/or 4G/LTE connectivity, including without limitation the Tesla
comprises hardware and software components that together practice every element of one or more
claims of the ’205 Patent, including at least Claim 21. These components include those hardware
and software components that enable the set of wireless cellular communications functionalities
known as 3G and/or 4G/LTE and implement 3G and/or 4G/LTE in compliance with the
technical standards promulgated by 3GPP and various subsequent releases and versions thereof.
These components enable the Tesla Standard-Compliant Products to perform 3G and/or 4G/LTE
communications functionality.
35. It is necessary to practice one or more of the claims of the ’205 Patent to comply
with the requirements of certain standards applicable to mobile communications. For example, it
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is necessary to practice at least Claim 21 from the ’205 Patent to comply with certain 3G and/or
4G/LTE standards.
36. The Tesla Standard-Compliant Products comply with the applicable standards
37. The Tesla Standard Compliant Products comprise at least the apparatus of Claim
38. By way of example, Claim 21 of the ’205 Patent requires “a receiver configured to
39. The applicable standards covered by the claims of the ’205 Patent, including but
not limited to 3GPP TS 36.300 V12.8.0 (2015-12), describe a receiver configured to receive
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15 MBMS
....
....
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UE eNB BM-SC
MBMS
Gateway
MBMS MBMS
packet packet
SYNC SYNC
RLC RLC
TNL TNL TNL
MAC MAC
PHY PHY M1
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41. The applicable standards covered by the claims of the ’205 Patent, including but
not limited to 3GPP TS 36.331 V12.8.0 (2015-12), describe a receiver configured to receive cell
....
– SystemInformation
RLC-SAP: TM
Direction: E UTRAN to UE
....
....
– SystemInformationBlockType13
....
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– MBSFN-AreaId
– MBSFN-AreaInfoList
42. By way of example, Claim 21 of the ’205 Patent requires the limitation “wherein
said cell information indicates which cells transmit the same multicasting content.”
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43. The applicable standards covered by the claims of the ’205 Patent, including but
not limited to 3GPP TS 36.211 V12.4.0 (2014-12), describe cell information indicating which cells
MBSFN reference signals are defined for extended cyclic prefix only.
rl , ns ( m)
1
1 2 c(2m) j 1
1 2 c(2m 1) , m 0,1,...,6 N RB
max, DL
1
2 2
where ns is the slot number within a radio frame and l is the OFDM symbol number
within the slot. The pseudo-random sequence c(i) is defined in clause 7.2. The
pseudo-random sequence generator shall be initialised with
cinit 29 7 ns 1 l 1 2 N ID
MBSFN
1 N ID
MBSFN
at the start of each OFDM symbol.
....
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R4
R4 R4
R4
R4 R4
R4
R4 R4
R4
R4 R4
R4
R4 R4
R4
R4 R4
l 0 l 5l 0 l 5
44. In addition, the applicable standards covered by the claims of the ’205 Patent,
including but not limited to 3GPP TS 36.331 V12.8.0 (2015-12), describe cell information
5.8 MBMS
....
5.8.1.1 General
....
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45. By way of example, Claim 21 of the ’205 Patent requires “a processor configured
46. The applicable standards covered by the claims of the ’205 Patent, including but
not limited to 3GPP TS 36.300 V12.8.0 (2015-12), describe a processor configured to select at
UEs that are receiving MBMS service(s) in RRC_IDLE state performing cell
reselection or are in RRC_CONNECTED state obtain target cell MTCH
information from the target cell MCCH.
....
- user service description (USD): in the USD (see 3GPP TS 26.346 [49]), the
application/service layer provides for each service the TMGI, the session
start and end time, the frequencies and the MBMS service area identities
(MBMS SAIs, see definition in section 15.3 of 3GPP TS 23.003 [26])
belonging to the MBMS service area (see definition in 3GPP TS 23.246
[48]);
....
In RRC_IDLE, the UE applies the normal cell reselection rules with the following
modifications:
- the UE which is receiving MBMS service(s) via MBSFN and can only
receive these MBMS service(s) via MBSFN while camping on the
frequency providing these MBMS service(s) is allowed to make this
frequency highest priority;
....
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- the UE indicates the frequencies which provide the service(s) that the UE is
receiving or is interested to receive simultaneously, and which can be
received simultaneously in accordance with the UE capabilities.
47. In addition, the applicable standards covered by the claims of the ’205 Patent,
including but not limited to 3GPP TS 36.133 V12.8.0 (2015-07), describe a processor configured
....
3.3 Abbreviations
....
....
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....
4.4.1 Introduction
....
UE shall measure MBSFN RSRP, MBSFN RSRQ and MCH BLER only in
subframes and on carriers where UE is decoding PMCH. The requirements are
specified for any carrier where PMCH is received by UE. The requirements
specified in this section apply for any carrier frequency with configured MBSFN
subframes with PMCH, which may be the same as or different from any serving
unicast carrier.
48. In addition, the applicable standards covered by the claims of the ’205 Patent,
including but not limited to 3GPP TS 36.304 V12.6.0 (2015-09), describe a processor configured
....
- SIB15 of the serving cell indicates for that frequency one or more MBMS
SAIs included in the MBMS User Service Description (USD) [22] of this
service; or
- SIB15 is not broadcast in the serving cell and that frequency is included in
the USD of this service.
....
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The cell-ranking criterion Rs for serving cell and Rn for neighbouring cells is
defined by:
where:
....
In all cases, the UE shall reselect the new cell, only if the following conditions are
met:
- the new cell is better ranked than the serving cell during a time interval
TreselectionRAT;
- more than 1 second has elapsed since the UE camped on the current serving
cell.
49. By way of example, Claim 21 of the ’205 Patent requires a processor configured to
select at least one cell “from which to receive the multicasting content the terminal is interested in
50. The applicable standards covered by the claims of the ’205 Patent, including but
not limited to 3GPP TS 36.300 V12.8.0 (2015-12), describe a processor configured to select at
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least one cell from which to receive the multicasting content the terminal is interested in based at
UEs that are receiving MBMS service(s) in RRC_IDLE state performing cell
reselection or are in RRC_CONNECTED state obtain target cell MTCH
information from the target cell MCCH.
51. In addition, the applicable standards covered by the claims of the ’205 Patent,
including but not limited to 3GPP TS 36.331 V12.8.0 (2015-12), describe a processor configured
to select at least one cell from which to receive the multicasting content the terminal is interested
5.8 MBMS
....
5.8.1.1 General
....
52. Upon information and belief, the Tesla Standard-Compliant Products comply or
have complied with the applicable standards covered by the claims of the ’205 Patent, including
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without limitation 3G and/or 4G/LTE, and therefore infringe the ’205 Patent, including at least
Claim 21.
53. The Tesla Standard-Compliant Products have complied, and continue to comply,
54. The Tesla Standard-Compliant Products have complied, and continue to comply,
55. The Tesla Standard-Compliant Products have complied, and continue to comply,
56. The Tesla Standard-Compliant Products have complied, and continue to comply,
57. The Tesla Standard-Compliant Products have complied, and continue to comply,
58. Tesla is infringing claims of the ’205 Patent literally and/or pursuant to the doctrine
of equivalents.
59. In violation of 35 U.S.C. § 271(b), Tesla is and has been infringing one or more of
the ’205 Patent’s claims, including at least Claim 21, indirectly by inducing the infringement of
the ’205 Patent’s claims by third parties, including without limitation manufacturers, resellers,
and/or users of Tesla’s Standard-Compliant Products, in this District, and elsewhere in the United
States. Direct infringement is the result of activities performed by users of the Tesla
instructive materials and information concerning operation and use of the Tesla
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Standard-Compliant Products, and maintenance/service for such products, induced users of the
Tesla Standard-Compliant Products to infringe the ’205 Patent’s claims by using the vehicles in
their normal and customary way. By and through these acts, Tesla knowingly and specifically
intends the users of the Tesla Standard-Compliant Products to infringe the ’205 Patent’s claims.
Tesla (1) knows and knew of the ’205 Patent at least prior to the filing of this lawsuit, (2) performs
affirmative acts that constitute induced infringement, and (3) knows or should know that those acts
would induce actual infringement of one or more of the ’205 Patent’s claims by users of the Tesla
Standard-Compliant Products.
61. In violation of 35 U.S.C. § 271(c), Tesla is and has been infringing one or more of
the ’205 Patent’s claims, including at least Claim 21, indirectly by contributing to the infringement
of the ’205 Patent’s claims by third parties, including without limitation manufacturers, resellers,
and/or users of the Tesla Standard-Compliant Products, in this District, and elsewhere in the United
States. Direct infringement is the result of activities performed by manufacturers, resellers, and/or
users in relation to the Tesla Standard-Compliant Products, including without limitation use of the
62. Upon information and belief, Tesla at least installs, configures, and sells Tesla
Standard-Compliant Products with distinct and separate hardware and/or software components
especially made or especially adapted to practice the invention claimed in the ’205 Patent. That
hardware and/or software is a material part of the invention. That hardware and/or software is not
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claimed functionality. Any other use of that hardware and/or software would be unusual, far-
63. Therefore, upon information and belief, Tesla is making, using, offering to sell,
and/or selling in the United States, and/or importing into the United States, without authority, a
apparatus for use in practicing a patented process, constituting a material part of the invention,
knowing the same to be especially made or especially adapted for use in infringement of a patent,
and not a staple article or commodity of commerce suitable for substantial noninfringing use.
64. As explained above, Tesla had actual notice of the ’205 Patent prior to this lawsuit
being filed and had knowledge of the infringing nature of its activities. Nevertheless, Tesla
continues, in bad faith, to directly and indirectly infringe Conversant’s patents, including the
’205 Patent by making, using, offering for sale and selling infringing Tesla Standard-Compliant
66. Therefore, upon information and belief, Tesla’s infringement of the ’205 Patent’s
claims, including at least Claim 21, has been and continues to be willful entitling Conversant to
increased damages pursuant to 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in
67. Tesla’s acts of infringement have caused damages to Conversant, and Conversant
is entitled to recover from Tesla the damages sustained by Conversant as a result of Tesla’s
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68. Conversant incorporates by reference the allegations set forth in Paragraphs 1–67
69. In violation of 35 U.S.C. § 271(a), Tesla is and has been directly infringing one or
more of the ’357 Patent’s claims, including at least Claim 29, by making, using, offering to sell,
and/or selling in the United States, and/or importing into the United States, without authority,
products that support 3G and/or 4G/LTE connectivity, including without limitation the Tesla
comprises hardware and software components that together practice every element of one or more
claims of the ’357 Patent, including at least Claim 29. These components include those hardware
and software components that enable the set of wireless cellular communications functionalities
known as 3G and/or 4G/LTE and implement 3G and/or 4G/LTE in compliance with the
technical standards promulgated by 3GPP and various subsequent releases and versions thereof.
These components enable the Tesla Standard-Compliant Products to perform 3G and/or 4G/LTE
communications functionality.
70. It is necessary to practice one or more of the claims of the ’357 Patent to comply
with the requirements of certain standards applicable to mobile communications. For example, it
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is necessary to practice at least Claim 29 from the ’357 Patent to comply with certain 3G and/or
4G/LTE standards.
71. The Tesla Standard-Compliant Products comply with the applicable standards
72. The Tesla Standard-Compliant Products are capable of performing, and when used
73. The applicable standards covered by the claims of the ’357 Patent describe, at least,
74. By way of example, Claim 29 of the ’357 Patent requires a method including the
75. The applicable standards covered by the claims of the ’357 Patent, including but
not limited to 3GPP TS 36.300 V14.5.0 (2017-12), describe a method including the step of
8 E-UTRAN identities
....
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....
15 MBMS
....
15.3.1 General
....
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....
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76. In addition, the applicable standards covered by the claims of the ’357 Patent,
including but not limited to 3GPP TS 36.331 V14.5.1 (2018-01), describe a method including the
step of receiving, by a mobile station, a pre-notification information that at least partially identifies
5 Procedures
....
5.8a SC-PTM
5.8a.1 Introduction
5.8a.1.1 General
....
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....
When the network changes SC-MTCH specific information e.g. start of new
MBMS service(s) transmitted using SC-PTM or change of ongoing MBMS
service(s) transmitted using SC-PTM, it notifies the BL UEs, UEs in CE or NB-IoT
UEs in the PDCCH which schedules the SC-MTCH in the current modification
period. The notification is transmitted with a 2 bit bitmap. The LSB in the 2-bit
bitmap, when set to '1', indicates the change of the on-going MBMS service and the
MSB in the 2-bit bitmap, when set to '1', indicates the start of new MBMS
service(s), see TS 36.212 [22, 5.3.3.1.12 & 5.3.3.1.13 & 6.4.3.2]. In the case the
network changes an on-going SC-MTCH transmission in the next modification
period, it notifies the BL UEs, UEs in CE or NB-IoT UEs in the PDCCH which
schedules this SC-MTCH in the current modification period. In the case the
network starts new MBMS service(s) transmitted using SC-PTM, the network
notifies the UEs which have on-going SC-MTCH in the PDCCH scheduling each
of the SC-MTCH. Upon receiving such notification, a BL UE, UE in CE or NB-
IoT UE acquires the new SC-MCCH information at the start of the next
modification period. The BL UE, UE in CE or NB-IoT UE applies the previously
acquired SC-MCCH information until the BL UE, UE in CE or NB-IoT UE
acquires the new SC-MCCH information.
....
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....
....
– SC-MTCH-InfoList
77. The method of Claim 29 of the ’357 Patent requires the step of “determining if the
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78. The applicable standards covered by the claims of the ’357 Patent, including but
not limited to 3GPP TS 36.331 V14.5.1 (2018-01), describe the step of determining if the pre-
5 Procedures
....
5.8a SC-PTM
5.8a.1 Introduction
....
....
When the network changes SC-MTCH specific information e.g. start of new
MBMS service(s) transmitted using SC-PTM or change of ongoing MBMS
service(s) transmitted using SC-PTM, it notifies the BL UEs, UEs in CE or NB-IoT
UEs in the PDCCH which schedules the SC-MTCH in the current modification
period. The notification is transmitted with a 2 bit bitmap. The LSB in the 2-bit
bitmap, when set to '1', indicates the change of the on-going MBMS service and the
MSB in the 2-bit bitmap, when set to '1', indicates the start of new MBMS
service(s), see TS 36.212 [22, 5.3.3.1.12 & 5.3.3.1.13 & 6.4.3.2]. In the case the
network changes an on-going SC-MTCH transmission in the next modification
period, it notifies the BL UEs, UEs in CE or NB-IoT UEs in the PDCCH which
schedules this SC-MTCH in the current modification period. In the case the
network starts new MBMS service(s) transmitted using SC-PTM, the network
notifies the UEs which have on-going SC-MTCH in the PDCCH scheduling each
of the SC-MTCH. Upon receiving such notification, a BL UE, UE in CE or NB-
IoT UE acquires the new SC-MCCH information at the start of the next
modification period. The BL UE, UE in CE or NB-IoT UE applies the previously
acquired SC-MCCH information until the BL UE, UE in CE or NB-IoT UE
acquires the new SC-MCCH information.
....
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....
....
....
79. In addition, The applicable standards covered by the claims of the ’357 Patent,
including but not limited to 3GPP TS 36.300 V14.5.0 (2017-12), describe the step of determining
service for a multimedia broadcast/multicast service session to be received by the mobile station:
15 MBMS
....
15.3.1 General
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....
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....
80. The method of Claim 29 of the ’357 Patent requires the step of “wherein the pre-
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81. The applicable standards covered by the claims of the ’357 Patent, including but
not limited to 3GPP TS 36.300 V14.5.0 (2017-12), describe the step of wherein the pre-notification
15 MBMS
....
15.3.1 General
....
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....
82. Upon information and belief, the Tesla Standard-Compliant Products comply or
have complied with the applicable standards covered by the claims of the ’357 Patent, including
without limitation 3G and/or 4G/LTE, and therefore infringe the ’357 Patent, including at least
Claim 29.
83. The Tesla Standard-Compliant Products have complied, and continue to comply,
84. The Tesla Standard-Compliant Products have complied, and continue to comply,
85. The Tesla Standard-Compliant Products have complied, and continue to comply,
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86. Tesla is infringing claims of the ’357 Patent, including at least Claim 29, literally
87. In violation of 35 U.S.C. § 271(b), Tesla is and has been infringing one or more of
the ’357 Patent’s claims, including at least Claim 29, indirectly by inducing the infringement of
the ’357 Patent’s claims by third parties, including without limitation manufacturers, resellers,
and/or users of Tesla’s Standard-Compliant Products, in this District, and elsewhere in the United
States. Direct infringement is the result of activities performed by users of the Tesla
instructive materials and information concerning operation and use of the Tesla
Standard-Compliant Products, and maintenance/service for such products, induced users of the
Tesla Standard-Compliant Products to infringe the ’357 Patent’s claims by using the vehicles in
their normal and customary way. By and through these acts, Tesla knowingly and specifically
intends the users of the Tesla Standard-Compliant Products to infringe the ’357 Patent’s claims.
Tesla (1) knows and knew of the ’357 Patent since at least prior to the filing of this lawsuit,
(2) performs affirmative acts that constitute induced infringement, and (3) knows or should know
that those acts would induce actual infringement of one or more of the ’357 Patent’s claims by
89. In violation of 35 U.S.C. § 271(c), Tesla is and has been infringing one or more of
the ’357 Patent’s claims, including at least Claim 29, indirectly by contributing to the infringement
of the ’357 Patent’s claims by third parties, including without limitation manufacturers, resellers,
and/or users of the Tesla Standard-Compliant Products, in this District, and elsewhere in the United
Page 41 of 67
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States. Direct infringement is the result of activities performed by manufacturers, resellers, and/or
users in relation to the Tesla Standard-Compliant Products, including without limitation use of the
90. Upon information and belief, Tesla at least installs, configures, and sells Tesla
Standard-Compliant Products with distinct and separate hardware and/or software components
especially made or especially adapted to practice the invention claimed in the ’357 Patent. That
hardware and/or software is a material part of the invention. That hardware and/or software is not
claimed functionality. Any other use of that hardware and/or software would be unusual, far-
91. Therefore, upon information and belief, Tesla is making, using, offering to sell,
and/or selling in the United States, and/or importing into the United States, without authority, a
apparatus for use in practicing a patented process, constituting a material part of the invention,
knowing the same to be especially made or especially adapted for use in infringement of a patent,
and not a staple article or commodity of commerce suitable for substantial noninfringing use.
92. As explained above, Tesla had actual notice of the ’357 Patent prior to this lawsuit
being filed and had knowledge of the infringing nature of its activities. Nevertheless, Tesla
continues, in bad faith, to directly and indirectly infringe Conversant’s patents, including the
Page 42 of 67
Case 6:20-cv-00324-ADA Document 1 Filed 04/24/20 Page 43 of 67
’357 Patent by making, using, offering for sale and selling infringing Tesla Standard-Compliant
94. Therefore, upon information and belief, Tesla’s infringement of the ’357 Patent’s
claims, including at least Claim 29, has been and continues to be willful entitling Conversant to
increased damages pursuant to 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in
95. Tesla’s acts of infringement have caused damages to Conversant, and Conversant
is entitled to recover from Tesla the damages sustained by Conversant as a result of Tesla’s
96. Conversant incorporates by reference the allegations set forth in Paragraphs 1–95
97. In violation of 35 U.S.C. § 271(a), Tesla is and has been directly infringing one or
more of the ‘119 Patent’s claims, including at least Claim 1, by making, using, offering to sell,
and/or selling in the United States, and/or importing into the United States, without authority,
products that support 3G and/or 4G/LTE connectivity, including without limitation the Tesla
comprises hardware and software components that together practice every element of one or more
claims of the ‘119 Patent, including at least Claim 1. These components include those hardware
and software components that enable the set of wireless cellular communications functionalities
known as 3G and/or 4G/LTE and implement 3G and/or 4G/LTE in compliance with the
technical standards promulgated by 3GPP and various subsequent releases and versions thereof.
Page 43 of 67
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These components enable the Tesla Standard-Compliant Products to perform 3G and/or 4G/LTE
communications functionality.
98. It is necessary to practice one or more of the claims of the ‘119 Patent to comply
with the requirements of certain standards applicable to mobile communications. For example, it
is necessary to practice at least Claim 1 from the ‘119 Patent to comply with certain 3G and/or
4G/LTE standards.
99. The Tesla Standard-Compliant Products comply with the applicable standards
100. The Tesla Standard-Compliant Products meet the limitations of Claim 1 of the
‘119 Patent.
101. The applicable standards covered by the claims of the ‘119 Patent describe, at least,
102. By way of example, Claim 1 of the ‘119 Patent requires a mobile station comprising
“at least one processor; and at least one memory configured to, with the at least one processor,
cause the mobile station to: receive control information signalled from a radio access network over
a physical layer downlink shared control channel, the control information comprising transport
format parameters used on a shared data channel corresponding to the shared control channel and
an indicator indicating whether the transport format parameters are to be stored by the mobile
station.”
103. The applicable standards covered by the claims of the ‘119 Patent, including but
not limited to 3GPP TS 36.213 V10.3.0 (2011-09), describe a mobile station comprising at least
one processor; and at least one memory configured to, with the at least one processor, cause the
mobile station to: receive control information signalled from a radio access network over a
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physical layer downlink shared control channel, the control information comprising transport
format parameters used on a shared data channel corresponding to the shared control channel and
an indicator indicating whether the transport format parameters are to be stored by the mobile
station:
....
....
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104. In addition, the applicable standards covered by the claims of the ’119 Patent,
including but not limited to 3GPP TS 36.212 V11.4.0 (2013-12), describe a mobile station at least
one processor; and at least one memory configured to, with the at least one processor, cause the
mobile station to: receive control information signalled from a radio access network over a
physical layer downlink shared control channel, the control information comprising transport
format parameters used on a shared data channel corresponding to the shared control channel and
an indicator indicating whether the transport format parameters are to be stored by the mobile
station:
....
4.2 Downlink
Table 4.2-1 specifies the mapping of the downlink transport channels to their
corresponding physical channels. Table 4.2-2 specifies the mapping of the
downlink control channel information to its corresponding physical channel.
....
Table 4.2-2
....
....
....
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....
5.3.3.1.2 Format 1
DCI format 1 is used for the scheduling of one PDSCH codeword in one cell.
- N RB
DL
/ P bits provide the resource allocation
- log 2 P bits of this field are used as a header specific to this resource
allocation type to indicate the selected resource blocks subset
- N DL
RB
/ P log 2 P 1 bits provide the resource allocation
....
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5.3.3.1.3 Format 1A
DCI format 1A is used for the compact scheduling of one PDSCH codeword in one
cell and random access procedure initiated by a PDCCH order. The DCI
corresponding to a PDCCH order can be carried by PDCCH or EPDCCH.
Otherwise,
- log 2 ( N RB
DL DL
( N RB 1) / 2) bits provide the resource allocation
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- Else
- 1 bit, the MSB indicates the gap value, where value 0 indicates
N gap N gap,1 and value 1 indicates N gap N gap,2
- ( log 2 ( N RB
DL DL
( N RB 1) / 2) 1) bits provide the resource allocation,
105. In addition, the applicable standards covered by the claims of the ’119 Patent,
including but not limited to 3GPP TS 36.321 V10.3.0 (2011-09), describe a mobile station
comprising at least one processor; and at least one memory configured to, with the at least one
processor, cause the mobile station to: receive control information signalled from a radio access
network over a physical layer downlink shared control channel, the control information comprising
transport format parameters used on a shared data channel corresponding to the shared control
channel and an indicator indicating whether the transport format parameters are to be stored by the
mobile station:
5 MAC procedures
....
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- if a downlink assignment for this TTI and this Serving Cell has been
received on the PDCCH for the UE’s C-RNTI, or Temporary C RNTI:
- consider the NDI to have been toggled regardless of the value of the
NDI.
- else, if this Serving Cell is the PCell and a downlink assignment for this TTI
has been received for the PCell on the PDCCH of the PCell for the UE’s
Semi-Persistent Scheduling C-RNTI:
- if timeAlignmentTimer is running:
- else:
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106. Claim 1 of the ’119 Patent requires a mobile station comprising “at least one
processor; and at least one memory configured to, with the at least one processor, cause the mobile
station to . . . receive data packets on the shared data channel using the control information,
wherein the mobile station is configured to” carry out certain capabilities.
107. The applicable standards covered by the claims of the ‘119 Patent, including but
not limited to 3GPP TS 36.213 V10.3.0 (2011-09), describe a mobile station comprising at least
one processor; and at least one memory configured to, with the at least one processor, cause the
mobile station to . . . receive data packets on the shared data channel using the control information,
wherein the mobile station is configured to” carry out certain capabilities:
....
108. Claim 1 of the ’119 Patent requires a mobile station configured to “determine, using
a mask for the mobile station, whether first control information is present for the mobile station,
and in the event that the first control information is present for the mobile station, receiving first
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said data packets on the shared data channel using the first control information and storing the
109. The applicable standards covered by the claims of the ‘119 Patent, including but
not limited to 3GPP TS 36.321 V10.3.0 (2011-09), describe a mobile station configured to
determine, using a mask for the mobile station, whether first control information is present for the
mobile station, and in the event that the first control information is present for the mobile station,
receiving first said data packets on the shared data channel using the first control information and
storing the transport format parameters from the first control information:
5 MAC procedures
....
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- if a downlink assignment for this TTI and this Serving Cell has been
received on the PDCCH for the UE’s C-RNTI, or Temporary C RNTI:
- consider the NDI to have been toggled regardless of the value of the
NDI.
- else, if this Serving Cell is the PCell and a downlink assignment for this TTI
has been received for the PCell on the PDCCH of the PCell for the UE’s
Semi-Persistent Scheduling C-RNTI:
- if timeAlignmentTimer is running:
- else:
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110. In addition, the applicable standards covered by the claims of the ’119 Patent,
including but not limited to 3GPP TS 36.213 V10.3.0 (2011-09), describe a mobile station
configured to determine, using a mask for the mobile station, whether first control information is
present for the mobile station, and in the event that the first control information is present for the
mobile station, receiving first said data packets on the shared data channel using the first control
information and storing the transport format parameters from the first control information:
....
....
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the UE shall upon detection of a PDCCH with CRC scrambled by the SPS C-RNTI
with DCI format 1A or 2C or for a configured PDSCH without PDCCH intended
for the UE, decode the corresponding PDSCH in the same subframe.
....
....
- the CRC parity bits obtained for the PDCCH payload are scrambled with the
Semi-Persistent Scheduling C-RNTI
- the new data indicator field is set to ‘0’. In case of DCI formats 2, 2A, 2B
and 2C, the new data indicator field refers to the one for the enabled
transport block.
Validation is achieved if all the fields for the respective used DCI format are set
according to Table 9.2-1 or Table 9.2-1A.
If validation is not achieved, the received DCI format shall be considered by the
UE as having been received with a non-matching CRC.
111. Claim 1 of the ’119 Patent requires a mobile station configured to “after receiving
the first data packets, determine, using the mask for the mobile station, whether second control
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information is present for the mobile station, and in the event that the second control information
is not present for the mobile station, receiving second said data packets on the shared data channel
using the stored transport format parameters from the first control information.”
112. The applicable standards covered by the claims of the ’119 Patent, including but
not limited to 3GPP TS 36.321 V10.3.0 (2011-09), describe a mobile station configured to after
receiving the first data packets, determine, using the mask for the mobile station, whether second
control information is present for the mobile station, and in the event that the second control
information is not present for the mobile station, receiving second said data packets on the shared
data channel using the stored transport format parameters from the first control information:
5 MAC procedures
....
....
5.10.1 Downlink
Where SFNstart time and subframestart time are the SFN and subframe, respectively, at
the time the configured downlink assignment were (re-)initialised.
113. In addition, the applicable standards covered by the claims of the ’119 Patent,
including but not limited to 3GPP TS 36.213 V10.3.0 (2011-09), describe a mobile station
configured to after receiving the first data packets, determine, using the mask for the mobile
station, whether second control information is present for the mobile station, and in the event that
the second control information is not present for the mobile station, receiving second said data
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packets on the shared data channel using the stored transport format parameters from the first
control information:
....
....
the UE shall upon detection of a PDCCH with CRC scrambled by the SPS C-RNTI
with DCI format 1A or 2C or for a configured PDSCH without PDCCH intended
for the UE, decode the corresponding PDSCH in the same subframe.
114. Claim 1 of the ’119 Patent requires a mobile station configured to “after receiving
the second data packets, determine, using the mask for the mobile station, whether third control
information is present for the mobile station, and in the event that the third control information is
present for the mobile station, receiving third said data packets on the shared data channel using
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the third control information, and storing or not storing the transport format parameters from the
third control information according to the indicator in the third control information indicating
115. The applicable standards covered by the claims of the ’119 Patent, including but
not limited to 3GPP TS 36.321 V10.3.0 (2011-09), describe a mobile station configured to after
receiving the second data packets, determine, using the mask for the mobile station, whether third
control information is present for the mobile station, and in the event that the third control
information is present for the mobile station, receiving third said data packets on the shared data
channel using the third control information, and storing or not storing the transport format
parameters from the third control information according to the indicator in the third control
5 MAC procedures
....
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- if a downlink assignment for this TTI and this Serving Cell has been
received on the PDCCH for the UE’s C-RNTI, or Temporary C RNTI:
- consider the NDI to have been toggled regardless of the value of the
NDI.
- else, if this Serving Cell is the PCell and a downlink assignment for this TTI
has been received for the PCell on the PDCCH of the PCell for the UE’s
Semi-Persistent Scheduling C-RNTI:
- if timeAlignmentTimer is running:
- else:
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116. Claim 1 of the ’119 Patent requires a mobile station “wherein the third control
information used for receiving the third data packets is different from the first control information
117. The applicable standards covered by the claims of the ’119 Patent, including but
not limited to 3GPP TS 36.321 V10.3.0 (2011-09), describe a mobile station “wherein the third
control information used for receiving the third data packets is different from the first control
information used for receiving the first and second data packets:
5 MAC procedures
....
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- if a downlink assignment for this TTI and this Serving Cell has been
received on the PDCCH for the UE’s C-RNTI, or Temporary C RNTI:
- consider the NDI to have been toggled regardless of the value of the
NDI.
- else, if this Serving Cell is the PCell and a downlink assignment for this TTI
has been received for the PCell on the PDCCH of the PCell for the UE’s
Semi-Persistent Scheduling C-RNTI:
- if timeAlignmentTimer is running:
- else:
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118. Upon information and belief, the Tesla Standard-Compliant Products comply or
have complied with the applicable standards covered by the claims of the ‘119 Patent, including
without limitation 3G and/or 4G/LTE, and therefore infringe the ‘119 Patent, including at least
Claim 1.
119. The Tesla Standard-Compliant Products have complied, and continue to comply,
120. The Tesla Standard-Compliant Products have complied, and continue to comply,
121. The Tesla Standard-Compliant Products have complied, and continue to comply,
122. Tesla is infringing claims of the ‘119 Patent, including at least Claim 1, literally
123. In violation of 35 U.S.C. § 271(b), Tesla is and has been infringing one or more of
the ‘119 Patent’s claims, including at least Claim 1, indirectly by inducing the infringement of the
‘119 Patent’s claims by third parties, including without limitation manufacturers, resellers, and/or
users of Tesla’s Standard-Compliant Products, in this District, and elsewhere in the United States.
Page 62 of 67
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Direct infringement is the result of activities performed by users of the Tesla Standard-Compliant
instructive materials and information concerning operation and use of the Tesla
Standard-Compliant Products, and maintenance/service for such products, induced users of the
Tesla Standard-Compliant Products to infringe the ‘119 Patent’s claims by using the vehicles in
their normal and customary way. By and through these acts, Tesla knowingly and specifically
intends the users of the Tesla Standard-Compliant Products to infringe the ‘119 Patent’s claims.
Tesla (1) knows and knew of the ‘119 Patent since at least prior to the filing of this lawsuit,
(2) performs affirmative acts that constitute induced infringement, and (3) knows or should know
that those acts would induce actual infringement of one or more of the ‘119 Patent’s claims by
125. In violation of 35 U.S.C. § 271(c), Tesla is and has been infringing one or more of
the ‘119 Patent’s claims, including at least Claim 1, indirectly by contributing to the infringement
of the ‘119 Patent’s claims by third parties, including without limitation manufacturers, resellers,
and/or users of the Tesla Standard-Compliant Products, in this District, and elsewhere in the United
States. Direct infringement is the result of activities performed by manufacturers, resellers, and/or
users in relation to the Tesla Standard-Compliant Products, including without limitation use of the
126. Upon information and belief, Tesla at least installs, configures, and sells Tesla
Standard-Compliant Products with distinct and separate hardware and/or software components
especially made or especially adapted to practice the invention claimed in the ‘119 Patent. That
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hardware and/or software is a material part of the invention. That hardware and/or software is not
claimed functionality. Any other use of that hardware and/or software would be unusual, far-
127. Therefore, upon information and belief, Tesla is making, using, offering to sell,
and/or selling in the United States, and/or importing into the United States, without authority, a
apparatus for use in practicing a patented process, constituting a material part of the invention,
knowing the same to be especially made or especially adapted for use in infringement of a patent,
and not a staple article or commodity of commerce suitable for substantial noninfringing use.
128. As explained above, Tesla had actual notice of the ‘119 Patent prior to this lawsuit
being filed and had knowledge of the infringing nature of its activities. Nevertheless, Tesla
continues, in bad faith, to directly and indirectly infringe Conversant’s patents, including the
’119 Patent by making, using, offering for sale and selling infringing Tesla Standard-Compliant
130. Therefore, upon information and belief, Tesla’s infringement of the ‘119 Patent’s
claims, including at least Claim 1, has been and continues to be willful entitling Conversant to
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increased damages pursuant to 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in
131. Tesla’s acts of infringement have caused damages to Conversant, and Conversant
is entitled to recover from Tesla the damages sustained by Conversant as a result of Tesla’s
DAMAGES
132. Tesla’s acts of infringement are and were committed intentionally, knowingly, and
with callous disregard of Conversant’s legitimate rights. Conversant is therefore entitled to and
now seeks to recover exemplary damages in an amount not less than the maximum amount
permitted by law.
133. As a result of Tesla’s acts of infringement, Conversant has suffered actual and
consequential damages. To the fullest extent permitted by law, Conversant seeks recovery of
damages in an amount to compensate for Tesla’s infringement. Conversant further seeks any other
ATTORNEYS’ FEES
134. Conversant is entitled to recover reasonable and necessary attorneys’ fees under
applicable law.
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Conversant demands a trial
Conversant respectfully requests that the Court enter preliminary and final orders,
declarations, and judgments against Tesla as are necessary to provide Conversant with the
following relief:
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a. A judgment that Tesla has infringed and/or is infringing one or more claims of the
’205 Patent, literally or under the doctrine of equivalents, and directly or indirectly;
b. A judgment that Tesla’s infringement of the ’205 Patent has been willful;
c. A judgment that Tesla has infringed and/or is infringing one or more claims of the
’357 Patent, literally or under the doctrine of equivalents, and directly or indirectly;
d. A judgment that Tesla’s infringement of the ’357 Patent has been willful;
e. A judgment that Tesla has infringed and/or is infringing one or more claims of the
’119 Patent, literally or under the doctrine of equivalents, and directly or indirectly;
f. A judgment that Tesla’s infringement of the ’119 Patent has been willful;
g. An award for all damages arising out of Tesla’s infringement, together with
according to proof, including without limitation attorneys’ fees and litigation costs
and expenses;
h. Any future compensation due to Conversant for Tesla’s infringement (past, present
or future) not specifically accounted for in a damages award (or other relief), and/or
j. All further relief in law or in equity as the Court may deem just and proper.
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