IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

HUA WEI TECHNOLOGIES CO., LTD., 

HUA WEI DEVICE CO., LTD., and 

HUA WEI DIGITAL TECHNOLOGIES 

(CHENGDU) CO., LTD. 

Plaintiffs, 

VS. 

VERIZON COMMUNICATIONS, INC., 

CELLCO PARTNERSHIP D/B/ A VERIZON 

WIRELESS, and VERIZON BUSINESS 

NETWORK SERVICES, INC. 

Defendants. 

Civil Action No. 6:20-cv-00090

JURY TRIAL DEMANDED 

COMPLAINT FOR PATENT INFRINGEMENT 

Plaintiffs Huawei Technologies Co. Ltd., Huawei Device Co., Ltd., and Huawei Digital 

Technologies (Chengdu) Co., Ltd. (collectively, "Huawei" or "Plaintiffs") hereby allege as 

follows against Verizon Communications, Inc., Cellco Partnership d/b/a Verizon Wireless, and 

Verizon Business Network Services, Inc. (collectively "Verizon" or "Defendants"): 

THE PARTIES 

1. Plaintiff Huawei Technologies Co., Ltd. ("Huawei Technologies") is a Chinese

corporation with its principal place of business at Bantian, Longgang District, Shenzhen, 

People's Republic of China. 

2. Plaintiff Huawei Device Co., Ltd. ("Huawei Device") is a Chinese corporation

with its principal place of business at Songshan Lake Science and Technology Industi·ial Zone, 

Dongguan, Guangdong, People's Republic of China. 

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3. Plaintiff Huawei Digital Technologies (Chengdu) Co., Ltd. (“Huawei Digital”) is 

a Chinese corporation with its principal place of business at No.1899 Xiyuan Avenue, High-tech 

Zone, Chengdu, Sichuan, People’s Republic of China.

4. Defendant Verizon Communications Inc. (“Verizon Communications”) is a 

Delaware corporation with a principal place of business at 1095 Avenue of the Americas, New 

York, New York 10036. Verizon Communications may be served through its registered agent, 

The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, 

DE 19801.

5. Defendant Cellco Partnership d/b/a Verizon Wireless (“Cellco Partnership”) is a 

Delaware partnership with its principal place of business at 1 Verizon Way, Basking Ridge, New 

Jersey 07920. Cellco Partnership is wholly owned by its corporate parent, Verizon 

Communications, and together with Verizon Communications is collectively referred to as 

“Verizon Wireless.” Cellco Partnership may be served through its registered agent, The 

Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 

19801.

6. Defendant Verizon Business Network Services, Inc. (“Verizon Business”) is a 

Delaware corporation with a place of business in at least San Antonio, Texas. Verizon Business 

may be served through its registered agent for service of process in Texas at CT Corporation 

System, 1999 Bryan St., Suite 900, Dallas, Texas 75201.

JURISDICTION AND VENUE

7. This action arises under the patent laws of the United States, 35 U.S.C. § 1, et seq.

This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 

and 1338.

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8. The patents-at-issue in this action are U.S. Patent Nos. 7,965,709 (“the ’709

Patent”), 8,154,986 (“the ’986 Patent”), 10,027,693 (“the ’693 Patent”), 7,609,288 (“the ’288 

Patent”), 9,521,366 (“the ’366 Patent”), 7,715,832 (“the ’832 Patent”), and 8,761,839 (“the ’839 

Patent”) (collectively, the “Asserted Patents”).

9. The Court has personal jurisdiction over Verizon at least because it has 

continuous business contacts in the State of Texas and in this District. Verizon has engaged in 

business activities including transacting business in this District and purposefully directing its 

business activities, including the provision of infringing communications networks and services, 

and the use, marketing, sale or offer for sale of mobile devices and services, such as Verizon’s 

Smart Family Service and One Talk Service and Cisco’s Webex service in this District, and the 

sale or offer for sale of services and goods to this District to aid, abet, or contribute to the 

infringement of third parties in this District. For example, Verizon—either directly or through 

those acting on its behalf—offers infringing communications networks and services in this 

District, as shown, e.g., at https://www.verizonwireless.com/featured/better-matters/:

 

As another example, Verizon—either directly or through those acting on its behalf—has stores 

and/or authorized retailers in this District in which infringing communications networks and 

services are offered for sale. See https://www.verizonwireless.com/stores/texas/. For example, 

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Verizon through each of the named parties has various places of business within this District, 

including data centers at 222 Rotary, San Antonio, TX, 78202 and 2525 Ridgepoint Drive, 

Austin TX, 78754, and numerous retail stores including the following examples in Waco:

https://www.verizonwireless.com/stores/storesearchresults/?lat=31.549333&long=-

97.14666950000003&q=waco%2Ctx#/Search. Verizon also has a call center in El Paso. See

https://www.verizon.com/about/careers/we-are-global#featured-region-6753. Verizon also 

offers enterprise products and services to Texas “[s]tate agencies, cities, counties, public school 

districts, and universities” through the Texas Department of Information Resources in Austin. 

See, e.g., https://enterprise.verizon.com/solutions/public-sector/state-local/contracts/texas/; 

https://dir.texas.gov/; see also https://www.marketwatch.com/press-release/verizon-investedmore-than-348-million-in-texas-wireline-telecommunications-infrastructure-in-2013-2014-03-31

(“Verizon Enterprise Solutions oversees all of Verizon’s solutions for large-business and 

government customers in Texas and globally . . .”).

10. Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400(b). As 

shown above, Verizon has multiple regular and established place of business in this District and 

is engaged in activities including: transacting business in this district and purposefully directing 

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its business activities, including the installation, maintenance, and use of infringing 

communications networks, services, and other technologies in this District, and the sale or offer 

for sale of services and goods to this District to aid, abet, or contribute to the infringement of 

third parties in this District.

HUAWEI’S INNOVATION AND RESEARCH

11. Founded in 1987, Huawei is a global leader of information and communication 

technology (“ICT”) solutions. Continuously innovating to meet customer needs, Huawei is 

committed to enhancing customer experience and creating maximum value for 

telecommunications carriers, enterprises, and consumers. Huawei’s telecom network equipment, 

IT products and solutions, and smart devices, such as telepresence products, transport and core 

network equipment, fixed and radio access products, and fiber infrastructure products are 

deployed and used in 170 countries and regions and serve over one-third of the world’s 

population. Huawei is also a leader in research, innovation, and implementation of future 

networks.

12. Indeed, R&D has been at the core of Huawei’s business. Huawei started its 

business reselling third-party telecommunication products, but shortly thereafter Huawei chose 

to shift its focus by expanding its own R&D and developing its own products. Since then, 

Huawei has heavily invested in R&D and routinely spends no less than 10% of its annual 

revenue on innovation. For example, Huawei ranks fifth globally in The 2019 European Union

Industrial R&D Investment Scoreboard, a report published by the European Commission. 

13. Over the past decade through 2018, Huawei has invested nearly $73 billion in 

research and development in total. In the next five years, Huawei plans to invest $100 billion. 

Huawei’s R&D efforts are now focused on addressing customer needs, as well as long-term 

technology research and standardization. In pursuit of these goals, Huawei has assembled a 

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global team with thousands of scientists and top engineers in the United States, Europe, and 

Japan, to staff its R&D department. Globally, Huawei has 14 R&D Institutes and Centers, 36 

joint innovation centers and 45 training centers. Indeed, about 45% of Huawei’s global 

workforce – over 80,000 employees in 2018 – works in the Research and Development 

Department. Huawei’s innovations are central to important cutting-edge technologies, including 

ultra-broadband solutions, such as 100G super-fast data transmission, LTE, and WiMAX

wireless networks.

14. As a result of Huawei’s substantial dedication to R&D in the telecommunications 

industry over the past three decades, Huawei has contributed to the evolution of 

telecommunication networks from the Wired Communication Age, into the Wireless Age, and 

from 2G, 3G, and 4G to advanced 5G networks. 

15. Over the course of this evolution, Huawei has been responsible for several of the 

industry’s notable achievements and milestones. In the Wired Communication Age, due to its 

heavy investment in R&D in its early years, Huawei successfully launched a new line of fixed 

network switch products in 1993, the centerpiece of which was the C&C 08 switching product, 

which proved to be a tremendous success in rural areas of China, with a rapid coverage of over 

300 regional networks.

16. Entering the Wireless Age, Huawei launched the first-ever Global System for 

Mobile Communications (“GSM”) infrastructure products engineered solely by a Chinese 

company in 1997. Three years later, Huawei’s revenue had reached $1.9 billion, including $100 

million from overseas sales. Along with great market success, Huawei has been significantly 

ahead of its competitors in bringing major innovations in cellular technology to market. Shortly 

after its success with distributed base stations, recognized as customer-centric innovations, 

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Huawei was the first infrastructure supplier to launch the unique SingleRAN technology in 2008, 

which is now the industry norm. The SingleRAN solution supports GSM, universal mobile 

telecommunications system (“UMTS”), code division multiple access (“CDMA”), WiMAX, and 

Long-Term Evolution (“LTE”), i.e., all relevant 2G, 3G, and 4G standards, and all in a common 

platform. In 2009, Huawei deployed the world’s first commercial 4G LTE network in Oslo, 

Norway, sharing the first commercial 4G LTE network with Ericsson in TeliaSonera. In 2010, 

Huawei achieved the world’s fastest LTE-A downlink speed, up to 1.2 Gbps at CTIA Wireless 

2010 in Las Vegas, Nevada, and successfully demonstrated simultaneous voice calling and high 

definition video streaming over LTE and LTE-A networks for Cox Communications, the thirdlargest cable provider in the United States. 

17. The above accomplishments and others earned Huawei the awards for “Best 

Contribution to R&D for LTE” and “Best Contribution to LTE Standards” at the LTE North 

America Awards in 2011. Huawei also won the “Most innovative service launch enabled by 

IMS” with its “Convergent Conference” solution at the 2012 IP Multimedia Subsystem (“IMS”)

World Forum, the “Best Integrated IMS Solution” award at the 2013 IMS World Forum, and the 

“Best VoLTE Product” for its end-to-end (“E2E”) voice and video over LTE (“V2oLTE”) 

solution and “Most Innovative Virtualized IMS Solution” for its Cloud IMS solution at the 2014 

IMS World Forum in Barcelona, Spain.

18. At the LTE World Summit, Huawei also won numerous awards, such as the “Best 

LTE traffic management product” and “Innovation in HetNet development” awards in 2014, and 

the “Best NFV Innovation of the Year” and “Biggest Contribution to 5G Development” awards 

in 2015. Huawei was the only company that won two awards in both years. 

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19. After winning the “Best Managed Services Innovation Award” at Managed 

Services World Congress 2016, Huawei won the “Wireless Infrastructure Innovation” award and 

the “Cloud Innovation of the Year” award at the 2016 Telecoms Awards Ceremony in London 

for Operation Web Services (“OWS”) due to Huawei’s achievements in software defined 

operation research to enable ICT Managed Services. In 2017, Huawei won the Network 

Functions Virtualization (“NFV”) Innovation Award for its NFV Integration Service at the 

World Communication Awards organized by Total Telecom.

20. In 2018, Huawei’s RuralStar, WTTx, and PoleStar solutions respectively won the 

GSM Association’s (“GSMA’s”) Best Mobile Innovation for Emerging Markets award, the 

International Telecommunication Union’s (“ITU’s”) Global Corporate Award for Sustainable 

Development, and the GSMA’s Outstanding Mobile Contribution to the United Nation

Sustainable Development Goals in Asia award. Huawei’s prefabricated modular data center 

solution and modular Uninterruptable Power Supply (“UPS”) continue to hold the largest market 

share globally. Huawei also won Datacenter Dynamics’ (“DCD’s”) global annual Living at the 

Edge award. 

21. At Internet of Things (“IoT”) Solutions World Congress 2018, Huawei’s 

OceanConnect Internet of Vehicles (“IoV”) Platform, which helped Groupe PSA become a 

leader in mobility services, won the award for Business Transformation.

22. Huawei was also awarded a First Class Progress in Science and Technology Prize 

for 2018 for unveiling the blade base station. Among other awards, Huawei has also been

repeatedly named one of the Most Innovative Companies by Fast Company, and one of the 

World’s 50 Most Innovative Firms by BCG.

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23. Huawei has also won numerous awards and substantial industry recognition for its 

infrastructure and enterprise products, such as video conferencing and data communication 

products. As an example, Huawei was awarded the Frost & Sullivan Asia-Pacific Video 

Conferencing Endpoints Market Leadership Award at the 2018 Asia-Pacific Information and 

Communication Technologies (“ICT”) awards ceremony. The award recognized Huawei’s 

market leadership, technology and solution innovation, and customer value proposition in the 

video conference industry. As another example, Huawei’s data communication products such as 

data center products including CloudEngine switches and controller were awarded Gartner Peer 

Insights Customers’ Choice in 2019 and the “Best of Show Award” at Interop Tokyo in 2016, 

2017, and 2018. And Huawei’s Wi-Fi 6 products AirEngine AP, Router NetEngine 8000 and 

NetEngine 9000 400G were awarded the “Best of Show Award” grand prize at Interop Tokyo 

2019.

24. Huawei has also won numerous awards and substantial industry recognition for its 

smartphones and other mobile devices. As an example, Huawei received the European Image 

and Sound Association (“EISA”) Best Smartphone 2019-2020 award for Huawei’s P30 Pro. The 

EISA recognized the P30 Pro’s camera as being far beyond any of its competitors, including its 

low-light capabilities, portrait mode, and its ultra-wide and periscopic 5x telephoto lenses. 

Huawei also received the Technical Image Press Association (“TIPA”) Best Photo Smartphone 

2019 award for the P30 Pro. In December 2019, independent benchmark organization DxoMark 

Image Labs gave Huawei’s Mate 30 Pro 5G the highest DXOMARK Camera score ever 

awarded, praising its image quality, autofocus, and zoom performance. Huawei smartphones 

received two awards from the GSMA at Mobile World Congress 2019: Huawei’s Mate 20 Pro 

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won Best Smartphone and Huawei’s Mate X foldable 5G smartphone won Best Connected 

Mobile Device.

25. During the past 20 years, Huawei has also endeavored to drive the mobile 

industry forward through collaborations on commercialization, innovation, and standardization. 

According to Current Analysis, Huawei is the clear overall leader in such efforts, due to the 

strength of its IT product portfolio, its broad variety of network solution options including highand low-capacity offerings, and its range of power output levels and architectures. Huawei also 

invests in open source communities and partners with major industry players to innovate in 

emerging domains, such as cloud computing and the Internet of Things.

26. As a result of Huawei’s commitment to innovation and significant long-term 

investment in R&D, Huawei has become one of the world’s largest patent holders. As of 

December 31, 2019, Huawei holds more than 85,000 issued patents, covering all major 

jurisdictions of the world, including 40,000 Patents granted in the United States and Europe. 

Huawei’s significant efforts in research and development demonstrate the value that Huawei 

places on innovation, and on sharing its efforts with the public, in return for a limited right to use 

its own inventions exclusively and/or to license its inventions to other companies willing to pay a 

reasonable royalty for their use.

VERIZON’S USE OF HUAWEI’S INNOVATIONS

27. Verizon has knowingly used, and is using, Huawei’s patentedtechnology without

a license.

28. Verizon creates, promotes, uses, maintains, and provides access to infringing 

technologies and services (“Infringing Technologies & Services”) that incorporate and/or utilize 

Huawei’s patented technology, including through the utilization and incorporation of network 

infrastructure such as Cisco Integrated Service Routers, Aggregation Services Routers, Network 

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Convergence Systems, Nexus Switches, Catalyst Switches, and Clouds Services Router 1000v 

series, which facilitate communications throughout Verizon’s networks. For example, Verizon’s 

“Enterprise Solutions offers traditional circuit-based network services, and advanced networking 

solutions including Private IP, Ethernet, and Software-Defined Wide Area Network, along with 

our traditional voice services and advanced workforce productivity and customer contact center 

solutions.” Verizon’s 2019 Annual Report at 88.

29. Verizon also creates, promotes, uses, maintains, and provides access to its 

Infringing Technologies & Services that incorporate and/or utilize Huawei’s patented technology 

through the utilization and incorporation of network infrastructure and services such as Juniper 

MX series routers and T series routers, SRX Series and/or virtualized SRX (vSRX) Services 

Gateways, which support Verizon’s Infringing Technologies & Services. 

30. Verizon also creates, promotes, uses, maintains, and provides access to its 

Infringing Technologies & Services that incorporate and/or utilize Huawei’s patented technology 

through its distribution and/or reselling of services such as Cisco Webex, and distribution of 

applications such as the Smart Family application and the One Talk application.

31. Verizon has profited greatly from the Infringing Technologies & Services. See

Verizon 2019 Annual Report at p. 12 (“Total Wireline segment operating revenues for the year 

ended December 31, 2018 totaled $29.8 billion . . . In 2018, Enterprise Solutions revenues were 

$8.8 billion, representing approximately 30% of Wireline’s aggregate revenues.”).

LICENSING NEGOTIATIONS

32. To protect its intellectual property rights, Huawei contacted Verizon on February 

7, 2019 to discuss Verizon’s need for a license to Huawei’s patents. Huawei specifically 

identified patents from its portfolio and specific services offered by Verizon that infringed 

Huawei’s patents, such as those at issue here. 

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33. Because of Huawei’s notice, Verizon has known about at least the ’709 Patent, 

the ’986 Patent, and the ’693 Patent at least as early as February 7, 2019.

34. Huawei then traveled from China and met in person with Verizon – in New York 

near Verizon’s headquarters – on March 28, 2019 to discuss Verizon’s need for a license to 

Huawei’s patents. Huawei identified additional patents from its portfolio and services offered by 

Verizon that require a license to Huawei’s patents.

35. On March 29, 2019, Huawei tried to move the licensing discussions forward in a 

cooperative manner by providing claim charts to Verizon. Those claim charts included the ’709 

Patent, the ’986 Patent, the ’693 Patent, the ’288 Patent, the ’366 Patent, and the ’832 Patent.

36. Because of Huawei’s notice, Verizon has known about the ’288 Patent, the ’366 

Patent, and the ’832 Patent at least as early as March 29, 2019. And Huawei provided additional 

notice of the ’709 Patent, the ’986 Patent, and the ’693 Patent at least as early as March 29, 2019.

37. On June 4th and 5th, 2019, Huawei representatives from China again met in-person 

with representatives from Verizon in New York and discussed claim charts selected by Verizon 

concerning a wide variety of technologies. 

38. On June 18, 2019, Huawei representatives spoke with Verizon representatives via 

telephone. Verizon committed to identifying issues and concerns regarding the claim charts 

discussed during the June 4th and 5th meeting. Huawei agreed to travel for yet another in-person 

meeting in New York, and Verizon advised it would identify more Huawei claim charts to be 

discussed at their next meeting.

39. On July 30-31, 2019, September 3-4, 2019, and November 21-22, 2019, Huawei 

representatives from China met in-person with representatives from Verizon in New York and

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discussed the additional claim charts. Those claim charts included the ’709 Patent, discussed on 

July 31, and the ’832 Patent, discussed on September 4.

40. On January 21, 2020, Huawei representatives from China again met in-person 

with representatives from Verizon in New York, but there was no substantial progress and thus 

no licensing agreement was reached.

41. Because Verizon has not accepted Huawei’s numerous flexible approaches during 

the year-long negotiations, Huawei is compelled to now enforce its patent rights through this 

lawsuit.

COUNT I: INFRINGEMENT OF PATENT NO. 7,965,709

42. Huawei realleges and incorporates by reference Paragraphs 1-41 above, as if fully 

set forth herein.

43. The U.S. Patent Office duly and properly issued the ’709 Patent, entitled “Bridge 

Forwarding Method and Apparatus,” on June 21, 2011. Huawei Technologies is the assignee of 

all right, title, and interest in and to the ’709 Patent and possesses the exclusive right of recovery 

for past, present, and future infringement. Each and every claim of the ’709 Patent is valid and 

enforceable. A true and correct copy of the ’709 Patent is attached hereto as Exhibit A. 

44. The ’709 Patent provides novel, useful and more effective and efficient 

techniques for bridge forwarding between multiple Virtual Local Area Networks (“VLANs”)

that overcome the problems of the prior art and thereby improve the functioning of computer and 

network equipment.

45. The ’709 Patent is generally directed to a novel and inventive technical solution to 

a problem relating to computer and networking technology, and in particular to the problem of

“bridge forwarding of [] Ethernet frames between multiple VLANs.” The ’709 Patent at 

Abstract. The background section of the ’709 Patent explains in reference to prior art bridge 

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forwarding that there are “two approaches for forwarding the frames of the Ethernet at present: 

Layer 2 Ethernet bridge and Layer 3 IP route.” Id. at 1:13-15. “FIG. 1 is a flow chart illustrating 

the bridge forwarding within one VLAN in the prior art.” Id. at 1:32-33. Figure 1 is shown 

below:

46. In reference to the prior art, the ’709 Patent explains that “the relationship 

between the VLAN and the Virtual Switching Instance (“VSI”) is [a] one-to-one relationship,” 

which means “the multiple-to-one relationship between multiple VLANs with one VSI is not 

supported, the Ethernet frames can only be forwarded within one VLAN by means of Layer 2 

Ethernet bridge forwarding.” Id. at 2:7-12. In reference to prior art methods for bridge 

forwarding across VLANs, the ’709 discloses that “[i]f the frames need to be forwarded across 

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VLANs, the Layer 3 IP routing must be adopted.” Id. at 2:12-13. The ’709 Patent further 

explains that in the prior art, “the Ethernet frames can only be broadcasted to one VLAN by 

means of bridge forwarding, and broadcasting to multiple VLANs by means of bridge 

forwarding is not supported.” Id. at 2:13-16. As such, broadcasting to multiple VLANs using 

bridge forwarding was not supported. Thus, prior to the inventions of the ’709 Patent, there 

existed a need for a more thorough and efficient method of bridge forwarding between multiple 

VLANs. 

47. The inventions of the ’709 Patent provide technical solutions to the problems in 

the prior art described above. The ’709 Patent seeks to address these and other problems in the 

prior art by providing a non-conventional, novel solution that allows the extension of bridge 

forwarding to provide cross-VLAN bridge forwarding of frames. The ’709 Patent explains that 

“the cross-VLAN bridge forwarding of frames is realized by establishing the relationship 

between the {Port, VLAN} and the VSI and implementing bridge forwarding of frames among 

different {Port, VLAN}s, and the multiple-to-one relationship between multiple VLANs with 

one VSI.” Id. at 3:23-32.

48. The inventions of the ’709 Patent provide technical solutions to the problems in 

the prior art described above. The ’709 Patent describes, for example, “a bridge forwarding 

method and a bridge forwarding apparatus to realize cross-VLAN bridge forwarding of frames.” 

Id. at 2:20-22. The ’709 Patent next describes supporting the multiple-to-one relationship 

between multiple VLANs with one VSI. The ’709 Patent then describes source port filtering to 

prevent forwarding loops. The ’709 Patent also discloses that “bridge forwarding among multilayer VLAN IDs is supported by the present invention,” which is not present in the prior art. Id.

at 3:36-38.

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49. The inventions of the ’709 Patent improve computer and network equipment 

functionality by improving and solving problems in a computer or networked device’s capability 

of performing bridge forwarding between multiple VLANs with better efficiency. The 

inventions of the ’709 Patent provide a computer-based solution to a computer-specific problem. 

The inventions of the ’709 Patent are improvements over the prior art and other techniques for 

bridge forwarding, and the ’709 Patent enables a combination of features not present in the prior 

art and other techniques. 

50. For example, the inventions of the ’709 Patent provide for improved computer 

and network operation by enabling bridge forwarding to more efficiently use resources and 

prevent forwarding loops. The specification discloses that “during the process of frame 

forwarding, whether the input/output port is the same as the input/output VLAN ID is 

determined, so source port filtering can be implemented effectively to prevent forwarding loops.” 

Id. at 3:33-36.

51. As another example, the inventions of the ’709 Patent provide for improved 

computer and network operation by providing enhanced methods for bridge forwarding that 

include cross-VLAN bridge forwarding of frames. E.g., id. at Abstract.

52. The claims of the ’709 Patent contain an inventive concept to improve the 

functioning of computers and other networked devices. Claims 1, 4, 7, 16-18, 21, and 23 claim 

ordered combinations of activities of a computer or networked device that were new, novel, 

innovative, and unconventional at the time the ’709 Patent application was filed. These ordered

combinations are set forth in claims 1, 4, 7, 16-18, 21, and 23 of the ’709 Patent. The ordered

combinations of elements in claim 1, 4, 7, 16-18, 21, and 23 were not well understood, routine or 

conventional at the time the ’709 Patent application was filed. The ordered combinations of the 

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inventions of claims 1, 4, 7, 16-18, 21, and 23 are practical, particular, non-conventional and 

non-generic techniques of bridge forwarding. 

53. In violation of 35 U.S.C. § 271, Verizon has directly infringed, contributed to the 

infringement of, and/or induced others to infringe at least claims 1, 4, 7, 16-18, 21, and 23 of 

the ’709 Patent by, among other things, making, using, offering for sale, selling, and/or 

importing into the United States unlicensed systems, products, and/or services that infringe at 

least claims 1, 4, 7, 16-18, 21, and 23 of the ’709 Patent. Such unlicensed systems, products, 

and/or services include, by way of example and without limitation, Cisco routers supporting 

Ethernet Flow Point functionality, including but not limited to the Cisco ASR900 series, 

ASR920 series, ASR1000 series, ASR9000 series, Catalyst 6500 series, ISR 4000 series, and 

CSR 1000v series routers (“Cisco EFP Products”). 

54. Cisco EFP Products are operable to forward frames between multiple VLANs. 

See, e.g., https://www.cisco.com/c/en/us/td/docs/routers/asr9000/software/asr9k r5-

3/lxvpn/configuration/guide/b-l2vpn-cg53xasr9k.pdf;

https://www.verizon.com/about/news/vzw/2010/01/pr2010-01-07a.

55. Cisco EFP Products are operable to receive, via an input port, a frame associated 

with a first virtual local area network (VLAN). For example, the Cisco ASR9000 series router is 

configured to support Ethernet Flow Point. See, e.g.,

https://www.cisco.com/c/en/us/td/docs/routers/asr9000/software/asr9k_r5-

3/lxvpn/configuration/guide/b-l2vpn-cg53xasr9k.pdf at 11 (“An Ethernet Flow Point (EFP) is a 

Layer 2 logical subinterface used to classify traffic under a physical or a bundle interface”). 

“You can bridge or tunnel the traffic by many ways from one or more of the router’s ingress 

EFPs to one or more egress EFPs.” Id. The Cisco ASR9000 series router can be configured to 

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define data-forwarding behavior. Id. at 15 (“The EFP can be used to designate the frames 

belonging to a particular Ethernet flow forwarded in the data path”).

56. Cisco EFP Products are operable to obtain an input VLAN identifier (ID) 

representing the first VLAN and a destination media access control (MAC) address of the 

received frame. For example, the configuration guide discloses: 

An EFP can be regarded as an instantiation of a particular service. An EFP is 

defined by a set of filters. These filters are applied to all the ingress traffic to classify 

the frames that belong to a particular EFP. An EFP filter is a set of entries, where 

each entry looks similar to the start of a packet (ignoring source/destination MAC 

address). Each entry usually contains 0, 1 or 2 VLAN tags. A packet that starts with 

the same tags as an entry in the filter is said to match the filter; if the start of the 

packet does not correspond to any entry in the filter then the packet does not match 

the filter.

Id. at 11.

57. As a further example, “[t]he EFP identifies frames belonging to a particular flow 

on a given port, independent of their Ethernet encapsulation. . . . The frames can be matched to 

an EFP using: VLAN tag or tags.” Id. at 13. The configuration guide further discloses several 

forwarding cases, including: “L2 Switched Service (Bridging)—The EFP is mapped to a bridge 

domain, where frames are switched based on their destination MAC address.” Id. at 15-16.

58. Cisco EFP Products are operable to determine a Virtual Switching Instance (VSI) 

corresponding to the combination of the input port and the input VLAN ID. For example, “[a]n 

Ethernet Flow Point (EFP) is a Layer 2 logical subinterface used to classify traffic under a 

physical or a bundle interface. A physical interface can be a Gigabit Ethernet 0/0/0/1 or a 10 

Gigabit Ethernet 0/0/0/0 interface and has ports on the line card. A bundle interface is a virtual 

interface, created by grouping physical interfaces together.” Id. at 11. The configuration guide 

discloses that “[a]n EFP subinterface is configured to specify which traffic on ingress is vectored 

to that EFP. This is done by specifying a VLAN, range of VLANs, or QinQ tagging to match 

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against on ingress. All traffic on ingress is compared to each EFP’s matching criterion, and 

processed by that EFP if a match occurs.” Id. at 12. Figure 3 depicts the EFP model:

59. The configuration guide further discloses that “[d]ata frames are switched within 

a bridge domain based on the destination MAC address” and that “[i]ncoming frames are 

mapped to a bridge domain, based on either the ingress port or a combination of both an ingress 

port and a MAC header field.” Id. at 186. 

60. Cisco EFP Products are operable to obtain an output port and an output VLAN 

ID, wherein the output VLAN ID represents a second VLAN and wherein the output port and the 

output VLAN ID relate to the destination MAC address and the VSI. For example, the Cisco 

ASR9000 series routers allows operators to “perform a variety of operations on the traffic flows 

when a router is configured with EFPs on various interfaces. Also, you can bridge or tunnel the 

traffic by many ways from one or more of the router’s ingress EFPs to one or more egress EFPs. 

This traffic is a mixture of VLAN IDs, single or double (QinQ) encapsulation, and ethertypes.” 

Id. at 11. For example, “EFP supports [] L2 header encapsulation modifications on both ingress 

and egress.” Id. at 15. As a further example, the configuration guide discloses several 

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forwarding cases, including “L2 Switched Service (Bridging)—The EFP is mapped to a bridge 

domain, where frames are switched based on their destination MAC address.” Id. at 15-16.

61. Cisco EFP Products are operable to communicate the received frame and the 

output VLAN ID to the obtained output port, wherein the output VLAN ID is different from the 

input VLAN ID. For example, the Cisco ASR9000 series router allows operators to perform 

numerous L2 header encapsulation modifications on both ingress and egress, which include:

• Push 1 or 2 VLAN tags

• Pop 1 or 2 VLAN tags

. . .

• Rewrite 1 or 2 VLAN tags:

. . .

• The VLAN ID. 0 can be specified for an outer VLAN tag to generate a 

priority-tagged frame.

Id. at 15.

62. Cisco EFP Products are operable to add the output VLAN ID to the received 

frame or to substitute the output VLAN ID for the input VLAN ID contained by the frame. For 

example, the Cisco ASR9000 series router allows operators to perform numerous L2 header 

encapsulation modifications on both ingress and egress, which include:

• Rewrite 1 or 2 VLAN tags:

• Rewrite outer tag

• Rewrite outer 2 tags

• Rewrite outer tag and push an additional tag

• Remove outer tag and rewrite inner tag

. . .

• The VLAN ID. 0 can be specified for an outer VLAN tag to generate a prioritytagged frame.

Id. at 15.

63. Cisco EFP Products abandon the received frame prior to communicating, if it is 

determined that the output port is the same as the input port and the output VLAN ID is the same 

as the input VLAN ID. For example, the configuration guide discloses: “Data frames are 

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switched within a bridge domain based on the destination MAC address. Multicast, broadcast, 

and unknown destination unicast frames are flooded within the bridge domain. In addition, the 

source MAC address learning is performed on all incoming frames on a bridge domain. A 

learned address is aged out. Incoming frames are mapped to a bridge domain, based on either the 

ingress port or a combination of both an ingress port and a MAC header field. By default, split 

horizon is enabled for pseudowires under the same VFI.” Id. at 186.

64. The first VLAN in Cisco EFP Products includes one or more VLANs on a same 

network port, or one or more VLANs on different ports of a same network, or one or more 

VLANs on different ports of more than one network. For example, the configuration guide 

discloses: “An EFP subinterface is configured to specify which traffic on ingress is vectored to 

that EFP. This is done by specifying a VLAN, range of VLANs, or QinQ tagging to match 

against on ingress.” Id. at 12.

65. Cisco EFP Products have an input port configured to receive a frame from at least 

two virtual local area networks (VLAN). For example, the configuration guide discloses: “An 

EFP subinterface is configured to specify which traffic on ingress is vectored to that EFP. This is 

done by specifying a VLAN, range of VLANs, or QinQ tagging to match against on ingress.” 

Id. at 12.

66. Cisco EFP Products have a forwarding unit that executes in a storing module 

storing a plurality of relationships between combinations of the input port and input VLAN 

identifier and Virtual Switching Instances (VSI); and storing MAC address forwarding tables 

corresponding to the VSI, wherein at least one combination of input port and input VLAN ID 

corresponds to one VSI. For example, the Cisco ASR9000 series routers allows operators to 

“perform a variety of operations on the traffic flows when a router is configured with EFPs on 

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various interfaces. Also, you can bridge or tunnel the traffic by many ways from one or more of 

the router’s ingress EFPs to one or more egress EFPs. This traffic is a mixture of VLAN IDs, 

single or double (QinQ) encapsulation, and ethertypes.” Id. at 11. For example, “EFP supports 

[] L2 header encapsulation modifications on both ingress and egress.” Id. at 15. As a further 

example, the configuration guide discloses several forwarding cases, including “L2 Switched 

Service (Bridging)—The EFP is mapped to a bridge domain, where frames are switched based 

on their destination MAC address.” Id. at 15-16.

67. The forwarding unit in Cisco EFP Products executes in an input analyzing module 

obtaining the input VLAN ID and the destination MAC address of the received frame and 

outputting the input VLAN ID and the destination MAC address. For example, the configuration 

guide discloses: 

An EFP can be regarded as an instantiation of a particular service. An EFP is 

defined by a set of filters. These filters are applied to all the ingress traffic to classify 

the frames that belong to a particular EFP. An EFP filter is a set of entries, where 

each entry looks similar to the start of a packet (ignoring source/destination MAC 

address). Each entry usually contains 0, 1 or 2 VLAN tags. A packet that starts with 

the same tags as an entry in the filter is said to match the filter; if the start of the 

packet does not correspond to any entry in the filter then the packet does not match 

the filter.

Id. at 11.

68. The forwarding unit in Cisco EFP Products executes in a first forwarding module 

determining the VSI corresponding to the combination of the input port and the input VLAN ID 

according to the relationship between the combination of the input port and the input VLAN ID 

and the VSI, and obtaining an output port and an output VLAN ID by searching the MAC 

address forwarding table corresponding to the VSI. For example, “[a]n Ethernet Flow Point 

(EFP) is a Layer 2 logical subinterface used to classify traffic under a physical or a bundle 

interface. A physical interface can be a Gigabit Ethernet 0/0/0/1 or a 10 Gigabit Ethernet 0/0/0/0 

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interface and has ports on the line card. A bundle interface is a virtual interface, created by 

grouping physical interfaces together.” Id. at 11. The configuration guide discloses that “[a]n 

EFP subinterface is configured to specify which traffic on ingress is vectored to that EFP. This is 

done by specifying a VLAN, range of VLANs, or QinQ tagging to match against on ingress. All 

traffic on ingress is compared to each EFP’s matching criterion, and processed by that EFP if a 

match occurs.” Id. at 12. Figure 3 depicts the EFP model:

69. The configuration guide further discloses that “[d]ata frames are switched within 

a bridge domain based on the destination MAC address” and that “[i]ncoming frames are 

mapped to a bridge domain, based on either the ingress port or a combination of both an ingress 

port and a MAC header field.” Id. at 186. 

70. The configuration guide further discloses that operators can “perform a variety of 

operations on the traffic flows when a router is configured with EFPs on various interfaces. Also, 

you can bridge or tunnel the traffic by many ways from one or more of the router’s ingress EFPs 

to one or more egress EFPs. This traffic is a mixture of VLAN IDs, single or double (QinQ) 

encapsulation, and ethertypes.” Id. at 11. For example, “EFP supports [] L2 header 

encapsulation modifications on both ingress and egress.” Id. at 15. As a further example, the 

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configuration guide discloses several forwarding cases, including “L2 Switched Service 

(Bridging)—The EFP is mapped to a bridge domain, where frames are switched based on their 

destination MAC address.” Id. at 15-16.

71. The forwarding unit in Cisco EFP Products executes in a second forwarding 

module forwarding the frame according to the output port and the output VLAN ID obtained by 

the first forwarding module. For example, the Cisco ASR9000 series router allows operators to 

perform numerous L2 header encapsulation modifications on both ingress and egress, which 

include:

• Push 1 or 2 VLAN tags

• Pop 1 or 2 VLAN tags

. . .

• Rewrite 1 or 2 VLAN tags:

. . .

• The VLAN ID. 0 can be specified for an outer VLAN tag to generate a 

priority-tagged frame.

Id. at 15.

72. Cisco EFP Products have an output port configured to communicate the received 

frame to more than one VLAN according to the output VLAN ID. For example, the 

configuration guide discloses that operators can “perform a variety of operations on the traffic 

flows when a router is configured with EFPs on various interfaces. Also, you can bridge or 

tunnel the traffic by many ways from one or more of the router’s ingress EFPs to one or more 

egress EFPs. This traffic is a mixture of VLAN IDs, single or double (QinQ) encapsulation, and 

ethertypes.” Id. at 11.

73. The first forwarding module in Cisco EFP Products are further configured to 

instruct the second forwarding module to forward the frame after adding the output VLAN ID in 

the frame or substituting the output VLAN ID for the input VLAN ID in the frame. For 

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example, the Cisco ASR9000 series router allows operators to perform numerous L2 header 

encapsulation modifications on both ingress and egress, which include:

• Rewrite 1 or 2 VLAN tags:

• Rewrite outer tag

• Rewrite outer 2 tags

• Rewrite outer tag and push an additional tag

• Remove outer tag and rewrite inner tag

. . .

• The VLAN ID. 0 can be specified for an outer VLAN tag to generate a prioritytagged frame.

Id. at 15.

74. The second forwarding module in Cisco EFP Products are further configured to 

detect, before forwarding the received frame to the output port, whether the output port and the 

output VLAN ID are the same as the input port and the input VLAN ID respectively; and 

abandoning the frame in which the output port and the output VLAN ID are the same as the input 

port and the input VLAN ID respectively. For example, the configuration guide discloses: “Data 

frames are switched within a bridge domain based on the destination MAC address. Multicast, 

broadcast, and unknown destination unicast frames are flooded within the bridge domain. In 

addition, the source MAC address learning is performed on all incoming frames on a bridge 

domain. A learned address is aged out. Incoming frames are mapped to a bridge domain, based 

on either the ingress port or a combination of both an ingress port and a MAC header field. By 

default, split horizon is enabled for pseudowires under the same VFI.” Id. at 186.

75. The input VLAN ID in Cisco EFP Products comprises an input inner-layer VLAN 

ID and an input outer-layer VLAN ID; and the output VLAN ID in Cisco EFP Products

comprises an output inner-layer VLAN ID and an output outer-layer VLAN ID. For example, 

the Cisco ASR9000 series routers allows operators to “perform a variety of operations on the 

traffic flows when a router is configured with EFPs on various interfaces. Also, you can bridge 

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or tunnel the traffic by many ways from one or more of the router’s ingress EFPs to one or more 

egress EFPs. This traffic is a mixture of VLAN IDs, single or double (QinQ) encapsulation, and 

ethertypes.” Id. at 11. For example, the Cisco ASR9000 series router allows operators to 

perform numerous L2 header encapsulation modifications on both ingress and egress, which 

include:

• Rewrite 1 or 2 VLAN tags:

• Rewrite outer tag

• Rewrite outer 2 tags

• Rewrite outer tag and push an additional tag

• Remove outer tag and rewrite inner tag

. . .

• The VLAN ID. 0 can be specified for an outer VLAN tag to generate a prioritytagged frame.

Id. at 15. 

76. As such, on information and belief, Verizon has directly infringed at least claims 

1, 4, 7, 16-18, 21, and 23 of the ’709 Patent by (i) leasing, and/or using the Cisco EFP Products;

(ii) making, offering for sale, and/or selling its services; and (iii) making, using, and/or importing 

into the United States the Cisco EFP Products, to infringe at least claims 1, 4, 7, 16-18, 21, and 

23 of the ’709 Patent in violation of 35 U.S.C. § 271(a). ). See, e.g.,

https://www22.verizon.com/wholesale/access/order/guide/detail/Ethernet-Virtual-Circuit-OrderGuide.html. 

77. On information and belief, Verizon has infringed at least claims 1, 4, 7, 16-18, 21, 

and 23 of the ’709 Patent by inducing others, including customers and network users that use the 

Cisco EFP Products and entities that install the Cisco EFP Products, to infringe at least claims 1, 

4, 7, 16-18, 21, and 23 of the ’709 Patent in violation of 35 U.S.C. § 271(b). 

78. On information and belief, Verizon takes active steps to induce infringement of at 

least claims 1, 4, 7, 16-18, 21, and 23 of the ’709 Patent by others, including its customers, and 

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Verizon takes such active steps knowing that those steps will induce, encourage and facilitate 

direct infringement by others. On information and belief, Verizon knows or should know that 

such activities induce others to directly infringe at least claims 1, 4, 7, 16-18, 21, and 23 of 

the ’709 Patent. 

79. On information and belief, Verizon contributes to the infringement of at least 

claims 1, 4, 7, 16-18, 21, and 23 of the ’709 Patent by others, including its customers, network 

users, and contractors. Acts by Verizon that contribute to the infringement of others include, but 

are not limited to, the use and/or importation of Cisco EFP Products. Such Cisco EFP Products 

are especially made or adapted for use to infringe at least claims 1, 4, 7, 16-18, 21, and 23 of 

the ’709 Patent and are at least a material part of those claims, for example, as described above 

with respect to claim 1. The Cisco EFP Products, including the functionality contributing to 

infringement of the ’709 Patent, are not suitable for substantial noninfringing use. 

80. By way of at least Huawei’s notice to Verizon in February 2019 and on March 29, 

2019 (as well as this Complaint), Verizon knows of the ’709 Patent and performs acts that it 

knows, or should know, induce, and/or contribute to the direct infringement of at least claims 1, 

4, 7, 16-18, 21, and 23 of the ’709 Patent by third parties.

81. Verizon undertook and continues its infringing actions despite an objectively high 

likelihood that such activities infringed the ’709 Patent, is presumed valid. For example, 

Verizon has been aware of an objectively high likelihood that its actions constituted, and 

continue to constitute, infringement of the ’709 Patent and that the ’709 Patent is valid since at 

least March 29, 2019. Verizon could not reasonably subjectively believe that its actions do not 

constitute infringement of the ’709 Patent, nor could it reasonably subjectively believe that 

the ’709 Patent is invalid. Despite that knowledge, subjective belief, and the objectively high 

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likelihood that its actions constitute infringement, Verizon has continued its infringing activities. 

As such, Verizon willfully infringes the ’709 Patent.

82. Huawei has been irreparably harmed by Verizon’s infringement of the ’709 Patent

and will continue to be harmed unless and until Verizon’s infringement is enjoined by this Court.

83. By its actions, Verizon has injured Huawei and is liable to Huawei for 

infringement of the ’709 Patent pursuant to 35 U.S.C. § 271.

COUNT II: INFRINGEMENT OF PATENT NO. 8,154,986

84. Huawei realleges and incorporates by reference Paragraphs 1-83 above, as if fully 

set forth herein.

85. The U.S. Patent Office duly and properly issued the ’986 Patent, entitled “Method 

for Fast Converging End-To-End Services and Provider Edge Equipment Thereof,” on April 10, 

2012. Huawei Technologies is the assignee of all right, title, and interest in and to the ’986

Patent and possesses the exclusive right of recovery for past, present, and future infringement. 

Each and every claim of the ’986 Patent is valid and enforceable. A true and correct copy of 

the ’986 Patent is attached hereto as Exhibit B. 

86. The ’986 Patent provides novel and useful techniques and equipment for fast 

converging of a network after a node failure, so as to increase convergence speed as well as 

improve the service’s reliability, overcoming the problems of the prior art and thereby improving 

the functioning of computer and network equipment. See the ’986 Patent at Abstract.

87. The ’986 Patent is generally directed to a novel and inventive technical solution to 

a problem relating to computer and networking technology, and in particular to the problem of 

“service convergence time” that is slower than requirements. Id. at 2:44-46. The background 

section of the ’986 Patent provides Fig. 1 to describe a prior art convergence technique. 

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88. With reference to Fig. 1, the ’986 Patent explains that in the prior art, “the PE-E 

can detect the malfunction of the PE-A only through information, such as a Border Gateway 

Protocol (BGP) neighbor breaks down or an outer layer LSP tunnel is unavailable, etc., and the 

PE-E re-selects the VPN V4 route advertised by the PE-B.” Id. at 2:22-26. “Before the PE-E 

fills the corresponding forwarding item with the route advertised by the PE-B, the terminal node 

of the outer layer LSP tunnel directed by the forwarding item of the forwarding engine of the PEE is the PE-A all the time, and the PE-A has failed to function, therefore during the period from 

the malfunction appearing in the PE-A to the PE-E filling in the forwarding item with the route 

advertised by the PE-B, the CE-B is unable to access the CE-A, and the end-to-end service is 

interrupted.” Id. at 2:31-39. 

89. The ’986 Patent further explains that in the prior art, when “the terminal node PEA fails to function, the time for recovering the normal service transmission mainly depends on 

the service convergence time which is closely related to the number of the MPLS VPN inner 

routes and the number of hops of a bearer network.” Id. at 2:40-44. The ’986 Patent also 

explains that in the prior art, typically “the service convergence is about 5 s, which is far from 

the requirement that the end-to-end service convergence time should be less than 1 s, moreover, 

the end-to-end service convergence time will increase significantly with the increase in the 

number of MPLS VPN private network routes.” Id. at 2:44-49.

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90. The inventions of the ’986 Patent provide technical solutions to the problems in 

the prior art described above. The ’986 Patent describes, for example, “setting routing 

information and tunnel state information for each of at least two tunnels, by a double-ascription 

Provider Edge (PE) of a remote Customer Edge (CE) in the double-ascription PE itself which is 

connected with a nearby CE, before the nearby CE visits the remote CE, wherein, the doubleascription PE connected with the nearby CE serves as an initial node of each of the at least two 

tunnels, and at least two other PEs connected with the remote CE serve as terminal nodes of the 

at least two tunnels, respectively, and wherein the routing information and the tunnel state 

information of the at least two tunnels are stored in one route forwarding table in an IP network.” 

Id. at 7:24-36. The ’986 Patent further describes, for example, “detecting, by the doubleascription PE of the remote CE, tunnel states to obtain state information of the at least two 

tunnels.” Id. at 7:37-39. The ’986 Patent further describes, for example, “selecting, by the 

double-ascription PE of the remote CE, one or more available tunnels according to the state of 

each tunnel from the at least two tunnels.” Id. at 7:40-42. The ’986 Patent further describes, for 

example, “forwarding, by the double-ascription PE of the remote CE, service according to the 

routing information of the available tunnels selected.” Id. at 7:43-45. 

91. The inventions of the ’986 Patent improve computer and network functionality by 

improving and solving problems in a computer or network device’s capability to quickly 

converge the network after a node failure. The inventions of the ’986 Patent provide a computerbased solution to a computer-specific problem. The inventions of the ’986 Patent are 

improvements over the prior art and other techniques for convergence, and the ’986 Patent

enables a combination of features not present in the prior art and other techniques. 

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92. For example, the inventions of the ’986 Patent provide for a “technical scheme 

that, by setting routing information for multiple tunnels, which are mutual backup tunnels or load 

sharing tunnels, in a double-ascription PE of a remote CE, and by detecting state information of 

the tunnels, it is possible for the double-ascription PE of the remote CE to forward the service 

directly according to the state information of the backup tunnel when the tunnel is unavailable, 

such as when a terminal node of the tunnel functions abnormally, thereby avoiding the procedure 

of re-selecting the optimal route.” Id. at 3:24-33. “In addition, the end-to-end malfunction 

detection time can be less than 500 ms, even reaching 50 ms, by detecting an unavailable state of 

the tunnel using techniques such as BFD, tunnel fast convergence, etc.” Id. at 3:33-36. The 

inventions of the ’986 Patent further provide that, for example, “[t]he end-to-end malfunction 

detection time is independent of the private network route numbers that the MPLS VPN network 

bears.” Id. at 3:37-39. The ’986 Patent further discloses “it is possible to quickly and 

conveniently obtain the routing information of the mutual backup tunnels or the mutual load 

sharing tunnels by setting routing information.” Id. at 3:39-42. “Therefore, the technical 

solution of the present invention can improve the service’s reliability by increasing the end-toend service convergence speed.” Id. at 3:42-45.

93. The claims of the ’986 Patent contain an inventive concept to improve the 

functioning of computers and other networked devices. Claims 1-6, 8, and 17 claim ordered 

combinations of activities of a computer or networked device that were new, novel, innovative, 

and unconventional at the time the ’986 Patent application was filed. These ordered

combinations are set forth in claims 1-6, 8, and 17 of the ’986 Patent. The ordered combinations 

of elements in claim 1-6, 8, and 17 were not well understood, routine or conventional at the time 

the ’986 Patent application was filed. The ordered combinations of the inventions of claims 1-6, 

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8, and 17 are practical, particular, non-conventional, and non-generic solutions for fast 

converging an end-to-end service. 

94. In violation of 35 U.S.C. § 271, Verizon has directly infringed, contributed to the 

infringement of, and/or induced others to infringe at least claims 1-6, 8, and 17 of the ’986 Patent

by, among other things, making, using, offering for sale, selling, and/or importing into the United 

States unlicensed systems, products, and/or services that infringe such claims of the ’986 Patent. 

Such unlicensed systems, products, and/or services include, by way of example and without 

limitation, Verizon’s communications and/or content delivery networks, and associated network 

infrastructure that incorporate, for example, Cisco routers and switches (collectively, the “Cisco 

Convergence Products”) including the ASR 9000 series, ASR 900 series, ASR 920 series, ASR 

1000 series, ISR 4000 series, NCS 4200 series, Nexus 7000 products, and/or Juniper routers and 

switches (collectively, the “Juniper Convergence Products”) including the Juniper MX Series

and T series routers. See, e.g., https://newsroom.cisco.com/press-releasecontent?type=webcontent&articleId=4860261 (“The Verizon Wireless network incorporates 

leading Cisco technologies, including the Cisco CRS-1 Carrier Routing System, the industry's 

only carrier routing system offering continuous system operation, service flexibility, and system 

longevity. Verizon Wireless is also deploying the new Cisco ASR 9000 Series Routers and Cisco 

ASR 1000 Series Routers to expand both capacity and capabilities of backhaul for its 3G/4G 

Mobile Internet services”); https://www.cisco.com/c/m/en_us/network-intelligence/serviceprovider/digital-transformation/verizon-tdm-to-ip-network-modernization.html (“Verizon 

selected Cisco's NCS 4200 system as one of its CEM packet switches. The packet network is 

Verizon's MPLS core.”); https://investor.juniper.net/investor-relations/press-releases/pressrelease-details/2018/Juniper-Networks-Unveils-5G--and-IoT-Ready-Routing-Platform-toCase 6:20-cv-00090-ADA Document 1 Filed 02/05/20 Page 32 of 173
33

Unlock-Service-Creation-Opportunities/default.aspx (discussing Verizon’s long-time use of 

Juniper Convergence Products); https://www.verizon.com/about/work/jobs/4126701-corenetwork-engineer (job posting requesting candidates with experience with Cisco Convergence 

Products and Juniper Convergence Products); 

https://community.cisco.com/kxiwq67737/attachments/kxiwq67737/4441-docs-serviceproviders/2895/1/brkspg-2402.pdf at 9, 17 (discussing Verizon’s use of Cisco Convergence 

Products). 

95. The Cisco Convergence Products are operable for fast converging an end-to-end 

service. See, e.g., https://www.cisco.com/c/en/us/td/docs/iosxml/ios/iproute bgp/configuration/xe-16/irg-xe-16-book/bgp-pic-edge-for-ip-and-mpls-vpn.pdf

at 1 (“The BGP PIC Edge for IP and MPLS-VPN feature improves BGP convergence after a 

network failure. This convergence is applicable to both core and edge failures and can be used in 

both IP and MPLS networks. The BGP PIC Edge for IP and MPLS-VPN feature creates and 

stores a backup/alternate path in the routing information base (RIB), forwarding information 

base (FIB), and Cisco Express Forwarding so that when a failure is detected, the backup/alternate 

path can immediately take over, thus enabling fast failover.”).

96. With respect to at least claims 1-6 and 8, the Cisco Convergence Products are 

operable to set routing information and tunnel state information for each of at least two tunnels, 

by a double-ascription Provider Edge (PE) of a remote Customer Edge (CE) in the doubleascription PE itself which is connected with a nearby CE, before the nearby CE visits the remote 

CE, wherein, the double-ascription PE connected with the nearby CE serves as an initial node of 

each of the at least two tunnels, and at least two other PEs connected with the remote CE serve as 

terminal nodes of the at least two tunnels, respectively, and wherein the routing information and 

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the tunnel state information of the at least two tunnels are stored in one route forwarding table in 

an IP network. See, e.g., id. at 4 (“BGP Fast Reroute (FRR) provides a best path and a backup or 

alternate path in BGP, RIB, and Cisco Express Forwarding. BGP FRR provides a fast reroute 

mechanism into the RIB and Cisco Express Forwarding (CEF) on the backup BGP next hop to 

reach a destination when the current best path is not available. BGP FRR precomputes a second 

best path in BGP and gives it to the RIB and Cisco Express Forwarding as a backup or alternate 

path, and CEF programs it into line cards. The BGP PIC feature provides the ability for CEF to 

quickly switch the traffic to the other egress ports if the current next hop or the link to this next 

hop goes down.”); id. at 9:

97. The Cisco Convergence Products are operable to detect by the double-ascription 

PE of the remote CE, tunnel states to obtain state information of the at least two tunnels. See, 

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e.g., id. at 1 (“The BGP PIC Edge for IP and MPLS-VPN feature creates and stores a 

backup/alternate path in the routing information base (RIB), forwarding information base (FIB), 

and Cisco Express Forwarding so that when a failure is detected, the backup/alternate path can 

immediately take over, thus enabling fast failover.”); id. at 2 (“An additional path for failover 

allows faster restoration of connectivity if a primary path is invalid or withdrawn.”); id. at 3 

(“When the primary path goes down, Cisco Express Forwarding searches for the 

backup/alternate path in a prefix independent manner. Cisco Express Forwarding also listens to 

BFD events to rapidly detect local failures.”); id. at 4 (“If a PE node or link fails, then the failure 

is detected through IGP convergence.”).

98. The Cisco Convergence Products are operable to select, by the double-ascription 

PE of the remote CE, one or more available tunnels according to the state of each tunnel from the 

at least two tunnels. See, e.g., id. at 3 (“When the primary path goes down, Cisco Express 

Forwarding searches for the backup/alternate path in a prefix independent manner. Cisco Express 

Forwarding also listens to BFD events to rapidly detect local failures.”); id. at 9 (“Thus, with 

BGP PIC enabled on PE3, Cisco Express Forwarding detects the node failure on PE3 and points 

the forwarding object to the backup/alternate node PE4.”).

99. The Cisco Convergence Products are operable to forward, by the doubleascription PE of the remote CE, service according to the routing information of the available 

tunnels selected. See, e.g., id. at 4 (“Therefore, BGP FRR sets up the best path and 

backup/alternate path. The BGP PIC feature provides the ability for Cisco Express Forwarding to 

quickly switch the traffic to the other egress ports if the current next hop or the link to this next 

hop goes down.”); id. at 9 (“Thus, with BGP PIC enabled on PE3, Cisco Express Forwarding 

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detects the node failure on PE3 and points the forwarding object to the backup/alternate node 

PE4.”).

100. With respect to at least claim 2, the Cisco Convergence Products are operable to 

perform the method of claim 1 wherein each of the tunnels comprises an inner layer tunnel and 

an outer layer tunnel; the inner layer tunnel is a Virtual Private Network (VPN) tunnel, and the 

outer layer tunnel is a Label Switching Path (LSP) tunnel or a Genetic Routing Encapsulation 

(GRE) tunnel or an Internet Protocol Security (IPSec) tunnel. See, e.g., id. at 1 (“The BGP PIC 

Edge for IP and MPLS-VPN feature creates and stores a backup/alternate path in the routing 

information base (RIB), forwarding information base (FIB), and Cisco Express Forwarding so 

that when a failure is detected, the backup/alternate path can immediately take over, thus 

enabling fast failover”).

101. With respect to claim 3, the Cisco Convergence Products are operable to perform 

the method of claim 2 wherein, the step of the setting routing information of at least two tunnels 

by a double-ascription PE of a remote CE comprises the double-ascription PE of the remote CE 

setting optimal routing information and suboptimal routing information of the tunnels in the 

route forwarding table according to pre-configured matching strategies. See, e.g., id. at 16.

102. With respect to claim 4, the Cisco Convergence Products are operable to perform 

the method of claim 3 wherein, the procedure of setting a suboptimal routing information in the 

route forwarding table is setting the suboptimal routing information in the forwarding item of the 

optimal routing information in the route forwarding table. See, e.g., id. at 16.

103. With respect to claim 5, the Cisco Convergence Products are operable to perform 

the method of claim 2 wherein, the step of detecting tunnel states to obtain the state information 

of the at least two tunnels comprises when a control layer of the double-ascription PE of the 

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remote CE determines that some changes take place in the state of the outer layer tunnel of one 

of the at least two tunnels according to Bidirectional Forwarding Detection (BFD) or tunnel fast 

convergence techniques, advertising the available/unavailable state information of the tunnel to 

the forwarding engine. See, e.g., id. at 5 (“A failure in the iBGP (remote) peer is detected by 

IGP; it may take a few seconds to detect the failure. Convergence can occur in subseconds or 

seconds, depending on whether PIC is enabled on the line cards.”); id. at 3 (“When the primary 

path goes down, Cisco Express Forwarding searches for the backup/alternate path in a prefix 

independent manner. Cisco Express Forwarding also listens to BFD events to rapidly detect local 

failures.”). 

104. With respect to claim 6, the Cisco Convergence Products are operable to perform 

the method of claim 5 wherein there is a tunnel state field in the forwarding table of the 

forwarding engine and the step of advertising the available/unavailable state information of the 

outer layer tunnel of one of the at least two tunnels to the forwarding engine comprises the 

double-ascription PE of the remote CE advertising the available/unavailable state information of 

the outer layer tunnel of one of the at least two tunnels to the route forwarding table of the 

forwarding engine, and updating the content of state field of the corresponding item. See, e.g.,

id. at 16; id. at 4.

105. With respect to claim 8, the Cisco Convergence Products are operable to perform 

the method of claim 6 further comprising before forwarding the service to the remote CE through 

the backup tunnel, obtaining the state information of the backup tunnel and confirming that the 

state information of the backup tunnel is available. See, e.g., id. at 16.

106. With respect to claim 17, the Cisco Convergence Products comprise a Provider 

Edge (PE) equipment. See, e.g., https://www.cisco.com/c/en/us/td/docs/iosCase 6:20-cv-00090-ADA Document 1 Filed 02/05/20 Page 37 of 173
38

xml/ios/iproute_bgp/configuration/xe-16/irg-xe-16-book/bgp-pic-edge-for-ip-and-mpls-vpn.pdf

at 9: 

107. The Cisco Convergence Products comprise a storage module. See, e.g., id. at 3 

(“With BGP PIC, Cisco Express Forwarding stores an alternate path per prefix.”). 

108. The Cisco Convergence Products comprise a tunnel state detecting module. See,

e.g., id. at 3 (“Cisco Express Forwarding also listens to BFD events to rapidly detect local 

failures.”).

109. The Cisco Convergence Products comprise a forwarding module. See, e.g., id. at 

1 (“The BGP PIC Edge for IP and MPLS-VPN feature creates and stores a backup/alternate path 

in the routing information base (RIB), forwarding information base (FIB), and Cisco Express 

Forwarding so that when a failure is detected, the backup/alternate path can immediately take 

over, thus enabling fast failover.”). 

110. In the Cisco Convergence Products, the PE is a double-ascription PE of a remote 

Customer Edge (CE) and is connected with a nearby CE. See, e.g., id. at 9: 

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111. In the Cisco Convergence Products, the storage module is configured to store 

routing information and tunnel state information for each of at least two tunnels, before the 

nearby CE visits the remote CE. See, e.g., id. at 1 (“The BGP PIC Edge for IP and MPLS-VPN 

feature creates and stores a backup/alternate path in the routing information base (RIB), 

forwarding information base (FIB), and Cisco Express Forwarding so that when a failure is 

detected, the backup/alternate path can immediately take over, thus enabling fast failover.”); id. 

at 2 (“An additional path for failover allows faster restoration of connectivity if a primary path is 

invalid or withdrawn.”); id. at 3 (“When the primary path goes down, Cisco Express Forwarding 

searches for the backup/alternate path in a prefix independent manner. Cisco Express Forwarding 

also listens to BFD events to rapidly detect local failures.”); id. at 4 (“If a PE node or link fails, 

then the failure is detected through IGP convergence.”).

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112. In the Cisco Convergence Products, the double-ascription PE connected with the 

nearby CE serves as an initial node of each of the at least two tunnel, and at least two other PEs 

connected with the remote CE serve as terminal nodes of the at least two tunnels, respectively. 

See, e.g., id. at 9: 

113. In the Cisco Convergence Products, the routing information and tunnel state 

information for each of the at least two tunnels are stored in one route forwarding table in an IP 

network. See, e.g., id. at 4 (“BGP Fast Reroute (FRR) provides a best path and a backup or 

alternate path in BGP, RIB, and Cisco Express Forwarding. BGP FRR provides a fast reroute 

mechanism into the RIB and Cisco Express Forwarding (CEF) on the backup BGP next hop to 

reach a destination when the current best path is not available. BGP FRR precomputes a second 

best path in BGP and gives it to the RIB and Cisco Express Forwarding as a backup or alternate 

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41

path, and CEF programs it into line cards. The BGP PIC feature provides the ability for CEF to 

quickly switch the traffic to the other egress ports if the current next hop or the link to this next 

hop goes down.”).

114. In the Cisco Convergence Products, the tunnel state detecting module is 

configured to detect tunnel states of the at least two tunnels and update the tunnel state 

information stored in the storing module when the tunnel state is changed. See, e.g., id. at 1 

(“The BGP PIC Edge for IP and MPLS-VPN feature creates and stores a backup/alternate path in 

the routing information base (RIB), forwarding information base (FIB), and Cisco Express 

Forwarding so that when a failure is detected, the backup/alternate path can immediately take 

over, thus enabling fast failover.”); id. at 2 (“An additional path for failover allows faster 

restoration of connectivity if a primary path is invalid or withdrawn.”); id. at 3 (“When the 

primary path goes down, Cisco Express Forwarding searches for the backup/alternate path in a 

prefix independent manner. Cisco Express Forwarding also listens to BFD events to rapidly 

detect local failures.”); id. at 4 (“If a PE node or link fails, then the failure is detected through 

IGP convergence.”).

115. In the Cisco Convergence Products, the forwarding module is configured to select 

one or more available tunnels according to the state of each tunnel from the at least two tunnels 

stored in the storing module and forward service according to the routing information of the 

available tunnels selected. See, e.g., id. at 3 (“When the primary path goes down, Cisco Express 

Forwarding searches for the backup/alternate path in a prefix independent manner. Cisco Express 

Forwarding also listens to BFD events to rapidly detect local failures.”); id. at 9 (“Thus, with 

BGP PIC enabled on PE3, Cisco Express Forwarding detects the node failure on PE3 and points 

the forwarding object to the backup/alternate node PE4.”).

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116. The Juniper Convergence Products are operable for fast converging an end-to-end 

service. See, e.g., https://www.juniper.net/documentation/en_US/junos/informationproducts/pathway-pages/config-guide-vpns/config-guide-vpns-layer-3.pdf at 927 (“BGP PrefixIndependent Convergence (PIC) Edge allows you to install a Layer 3 VPN route in the 

forwarding table as an alternate path, enabling fast failover when a PE router fails or you lose 

connectivity to a PE router. This already installed path is used until global convergence through 

the IGP is resolved. Using the alternative VPN route for forwarding until global convergence is 

complete reduces traffic loss.”).

117. With respect to at least claims 1-6 and 8, the Juniper Convergence Products are 

operable to set routing information and tunnel state information for each of at least two tunnels, 

by a double-ascription Provider Edge (PE) of a remote Customer Edge (CE) in the doubleascription PE itself which is connected with a nearby CE, before the nearby CE visits the remote 

CE, wherein, the double-ascription PE connected with the nearby CE serves as an initial node of 

each of the at least two tunnels, and at least two other PEs connected with the remote CE serve as 

terminal nodes of the at least two tunnels, respectively, and wherein the routing information and 

the tunnel state information of the at least two tunnels are stored in one route forwarding table in 

an IP network. See, e.g., id.; id. at 930-931 (“This example shows two customer edge (CE) 

routers, Device CE1 and Device CE2. Devices PE1, PE2, and PE3 are PE routers. Device P1 is a 

provider core router. Only Device PE1 has BGP PIC edge configured. The example uses the P1-

PE2 link (P-PE) link to simulate the loss of a section of the network. For testing, the address 

172.16.1.5/24 is added as a loopback interface address on Device CE2. The address is announced 

to Device PE2 and Device PE3 and is relayed by way of internal BGP (IBGP) IBGP to Device 

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PE1. On Device PE1, there are two paths to the 172.16.1.5/24 network. These are the primary 

and a backup path.”); id. at 931: 

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See also id. at 940: 

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See also id. at 941: 

See also id. at 942-943: 

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See also https://www.juniper.net/documentation/en US/junos/information-products/pathwaypages/config-guide-routing/config-guide-routing-bgp.pdf at 696-697: 

118. The Juniper Convergence Products are operable to detect by the double-ascription 

PE of the remote CE, tunnel states to obtain state information of the at least two tunnels. See, 

e.g., id. at 673 (“When reachability to an egress router in a network fails, the IGP detects this 

outage, and the link state propagates this information throughout the network and advertises the 

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BGP next hop for that prefix as unreachable.”); id. (“On a BGP PIC enabled router, Junos OS 

installs the backup path for the indirect next hop on the Routine Engine and also provides this 

route to the Packet Forwarding Engine and IGP. When an IGP loses reachability to a prefix with 

one or more routes, it signals to the Routing Engine with a single message prior to updating the 

routing tables. The Routing Engine signals to the Packet Forwarding Engine that an indirect next 

hop has failed, and traffic must be rerouted using the backup path. Routing to the impacted 

destination prefix continues using the backup path even before BGP starts recalculating the new 

next hops for the BGP prefixes. The router uses this backup path to reduce traffic loss until the 

global convergence through the BGP is resolved.”).

119. The Juniper Convergence Products are operable to select, by the double-ascription 

PE of the remote CE, one or more available tunnels according to the state of each tunnel from the 

at least two tunnels. See, e.g., id. at 673 (“However, with the BGP PIC feature enabled, even 

before BGP recalculates the best path for those affected prefixes, the Routing Engine signals the 

data plane to switch to the standby next best path. Hence traffic loss is minimum. The new routes 

are calculated even while the traffic is being forwarded, and these new routes are pushed down to 

the data plane. Therefore, the number of BGP prefixes affected does not impact the time taken 

from the time traffic outage occurs to the point of time at which BGP signals the loss of 

reachability.”); id. at 696:

120. The Juniper Convergence Products are operable to forward, by the doubleascription PE of the remote CE, service according to the routing information of the available 

tunnels selected. See, e.g., id. at 673 (“However, with the BGP PIC feature enabled, even before 

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BGP recalculates the best path for those affected prefixes, the Routing Engine signals the data 

plane to switch to the standby next best path. Hence traffic loss is minimum. The new routes are 

calculated even while the traffic is being forwarded, and these new routes are pushed down to the 

data plane. Therefore, the number of BGP prefixes affected does not impact the time taken from 

the time traffic outage occurs to the point of time at which BGP signals the loss of 

reachability.”).

121. With respect to at least claim 2, the Juniper Convergence Products are operable to 

perform the method of claim 1 wherein each of the tunnels comprises an inner layer tunnel and 

an outer layer tunnel; the inner layer tunnel is a Virtual Private Network (VPN) tunnel, and the 

outer layer tunnel is a Label Switching Path (LSP) tunnel or a Genetic Routing Encapsulation 

(GRE) tunnel or an Internet Protocol Security (IPSec) tunnel. See, e.g.,

https://www.juniper.net/documentation/en_US/junos/information-products/pathwaypages/config-guide-vpns/config-guide-vpns-layer-3.pdf at 940: 

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See also id. at 941: 

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id. at 942-943: 

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122. With respect to claim 3, the Juniper Convergence Products are operable to 

perform the method of claim 2 wherein, the step of the setting routing information of at least two 

tunnels by a double-ascription PE of a remote CE comprises the double-ascription PE of the 

remote CE setting optimal routing information and suboptimal routing information of the tunnels 

in the route forwarding table according to pre-configured matching strategies. See, e.g., id. at 

940:

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See also id. at 941: 

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id. at 942-943: 

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123. With respect to claim 4, the Juniper Convergence Products are operable to 

perform the method of claim 3 wherein, the procedure of setting a suboptimal routing 

information in the route forwarding table is setting the suboptimal routing information in the 

forwarding item of the optimal routing information in the route forwarding table. See, e.g., id. at 

927. 

124. With respect to claim 5, the Juniper Convergence Products are operable to 

perform the method of claim 2 wherein, the step of detecting tunnel states to obtain the state 

information of the at least two tunnels comprises when a control layer of the double-ascription 

PE of the remote CE determines that some changes take place in the state of the outer layer 

tunnel of one of the at least two tunnels according to Bidirectional Forwarding Detection (BFD) 

or tunnel fast convergence techniques, advertising the available/unavailable state information of 

the tunnel to the forwarding engine. See, e.g.,

https://www.juniper.net/documentation/en US/junos/information-products/pathwaypages/config-guide-routing/config-guide-routing-bgp.pdf at 673 (“When an IGP loses 

reachability to a prefix with one or more routes, it signals to the Routing Engine with a single 

message prior to updating the routing tables. The Routing Engine signals to the Packet 

Forwarding Engine that an indirect next hop has failed, and traffic must be rerouted using the 

backup path”).

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125. With respect to claim 6, the Juniper Convergence Products are operable to 

perform the method of claim 5 wherein there is a tunnel state field in the forwarding table of the 

forwarding engine and the step of advertising the available/unavailable state information of the 

outer layer tunnel of one of the at least two tunnels to the forwarding engine comprises the 

double-ascription PE of the remote CE advertising the available/unavailable state information of 

the outer layer tunnel of one of the at least two tunnels to the route forwarding table of the 

forwarding engine, and updating the content of state field of the corresponding item. See, e.g., 

https://www.juniper.net/documentation/en US/junos/information-products/pathwaypages/config-guide-vpns/config-guide-vpns-layer-3.pdf at 927 (“BGP Prefix-Independent 

Convergence (PIC) Edge allows you to install a Layer 3 VPN route in the forwarding table as an 

alternate path, enabling fast failover when a PE router fails or you lose connectivity to a PE 

route.”). 

126. With respect to claim 8, the Juniper Convergence Products are operable to 

perform the method of claim 6 further comprising before forwarding the service to the remote 

CE through the backup tunnel, obtaining the state information of the backup tunnel and 

confirming that the state information of the backup tunnel is available. See, e.g., id. at 927 

(“BGP Prefix-Independent Convergence (PIC) Edge allows you to install a Layer 3 VPN route in 

the forwarding table as an alternate path, enabling fast failover when a PE router fails or you lose 

connectivity to a PE route.”). 

127. With respect to claim 17, the Juniper Convergence Products comprise a Provider 

Edge (PE) equipment. See, e.g., id. at 930. (“This example shows two customer edge (CE) 

routers, Device CE1 and Device CE2. Devices PE1, PE2, and PE3 are PE routers. Device P1 is a 

provider core router. Only Device PE1 has BGP PIC edge configured.”). 

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128. The Juniper Convergence Products comprise a storage module. See, e.g., id. at 

927 (“BGP Prefix-Independent Convergence (PIC) Edge allows you to install a Layer 3 VPN 

route in the forwarding table as an alternate path, enabling fast failover when a PE router fails or 

you lose connectivity to a PE router. This already installed path is used until global convergence 

through the IGP is resolved. Using the alternative VPN route for forwarding until global 

convergence is complete reduces traffic loss.”).

129. The Juniper Convergence Products comprise a tunnel state detecting module. 

See, e.g., https://www.juniper.net/documentation/en US/junos/information-products/pathwaypages/config-guide-routing/config-guide-routing-bgp.pdf at 673 (“When reachability to an 

egress router in a network fails, the IGP detects this outage, and the link state propagates this 

information throughout the network and advertises the BGP next hop for that prefix as 

unreachable.”).

130. The Juniper Convergence Products comprise a forwarding module. See, e.g., id.

at 673 (“On a BGP PIC enabled router, Junos OS installs the backup path for the indirect next 

hop on the Routine Engine and also provides this route to the Packet Forwarding Engine and 

IGP. When an IGP loses reachability to a prefix with one or more routes, it signals to the Routing 

Engine with a single message prior to updating the routing tables. The Routing Engine signals to 

the Packet Forwarding Engine that an indirect next hop has failed, and traffic must be rerouted 

using the backup path. Routing to the impacted destination prefix continues using the backup 

path even before BGP starts recalculating the new next hops for the BGP prefixes. The router 

uses this backup path to reduce traffic loss until the global convergence through the BGP is 

resolved.”).

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131. In the Juniper Convergence Products, the PE is a double-ascription PE of a remote 

Customer Edge (CE) and is connected with a nearby CE. See, e.g.,

https://www.juniper.net/documentation/en US/junos/information-products/pathwaypages/config-guide-vpns/config-guide-vpns-layer-3.pdf at 927 (“BGP Prefix-Independent 

Convergence (PIC) Edge allows you to install a Layer 3 VPN route in the forwarding table as an 

alternate path, enabling fast failover when a PE router fails or you lose connectivity to a PE 

router. This already installed path is used until global convergence through the IGP is resolved. 

Using the alternative VPN route for forwarding until global convergence is complete reduces 

traffic loss.”); id. at 930-931 (“This example shows two customer edge (CE) routers, Device CE1 

and Device CE2. Devices PE1, PE2, and PE3 are PE routers. Device P1 is a provider core router. 

Only Device PE1 has BGP PIC edge configured. The example uses the P1-PE2 link (P-PE) link 

to simulate the loss of a section of the network. For testing, the address 172.16.1.5/24 is added as 

a loopback interface address on Device CE2. The address is announced to Device PE2 and 

Device PE3 and is relayed by way of internal BGP (IBGP) IBGP to Device PE1. On Device 

PE1, there are two paths to the 172.16.1.5/24 network. These are the primary and a backup 

path.”); id. at 931: 

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132. In the Juniper convergence products, the storage module is configured to store 

routing information and tunnel state information for each of at least two tunnels, before the 

nearby CE visits the remote CE. See, e.g.,

https://www.juniper.net/documentation/en_US/junos/information-products/pathwaypages/config-guide-vpns/config-guide-vpns-layer-3.pdf at 927 (“BGP Prefix-Independent 

Convergence (PIC) Edge allows you to install a Layer 3 VPN route in the forwarding table as an 

alternate path, enabling fast failover when a PE router fails or you lose connectivity to a PE 

router. This already installed path is used until global convergence through the IGP is resolved. 

Using the alternative VPN route for forwarding until global convergence is complete reduces 

traffic loss.”). 

133. In the Juniper Convergence Products, the double-ascription PE connected with the 

nearby CE serves as an initial node of each of the at least two tunnel, and at least two other PEs 

connected with the remote CE serve as terminal nodes of the at least two tunnels, respectively. 

See, e.g., id. at 930-931 (“This example shows two customer edge (CE) routers, Device CE1 and 

Device CE2. Devices PE1, PE2, and PE3 are PE routers. Device P1 is a provider core router. 

Only Device PE1 has BGP PIC edge configured. The example uses the P1-PE2 link (P-PE) link

to simulate the loss of a section of the network. For testing, the address 172.16.1.5/24 is added as 

a loopback interface address on Device CE2. The address is announced to Device PE2 and 

Device PE3 and is relayed by way of internal BGP (IBGP) IBGP to Device PE1. On Device 

PE1, there are two paths to the 172.16.1.5/24 network. These are the primary and a backup 

path.”); id. at 931: 

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134. In the Juniper Convergence Products, the routing information and tunnel state 

information for each of the at least two tunnels are stored in one route forwarding table in an IP 

network. See, e.g., https://www.juniper.net/documentation/en_US/junos/informationproducts/pathway-pages/config-guide-vpns/config-guide-vpns-layer-3.pdf at 927 (“BGP PrefixIndependent Convergence (PIC) Edge allows you to install a Layer 3 VPN route in the 

forwarding table as an alternate path, enabling fast failover when a PE router fails or you lose 

connectivity to a PE router. This already installed path is used until global convergence through 

the IGP is resolved. Using the alternative VPN route for forwarding until global convergence is 

complete reduces traffic loss.”); id. at 940: 

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See also id. at 941: 

See also id. at 942-943: 

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See also https://www.juniper.net/documentation/en US/junos/information-products/pathwaypages/config-guide-routing/config-guide-routing-bgp.pdf at 696-697: 

135. In the Juniper Convergence Products, the tunnel state detecting module is 

configured to detect tunnel states of the at least two tunnels and update the tunnel state 

information stored in the storing module when the tunnel state is changed. See, e.g., 

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https://www.juniper.net/documentation/en_US/junos/information-products/pathwaypages/config-guide-routing/config-guide-routing-bgp.pdf at 673 (“When reachability to an egress 

router in a network fails, the IGP detects this outage, and the link state propagates this 

information throughout the network and advertises the BGP next hop for that prefix as 

unreachable”; id. (“On a BGP PIC enabled router, Junos OS installs the backup path for the 

indirect next hop on the Routine Engine and also provides this route to the Packet Forwarding 

Engine and IGP. When an IGP loses reachability to a prefix with one or more routes, it signals to 

the Routing Engine with a single message prior to updating the routing tables. The Routing 

Engine signals to the Packet Forwarding Engine that an indirect next hop has failed, and traffic 

must be rerouted using the backup path. Routing to the impacted destination prefix continues 

using the backup path even before BGP starts recalculating the new next hops for the BGP 

prefixes. The router uses this backup path to reduce traffic loss until the global convergence 

through the BGP is resolved.”).

136. In the Juniper Convergence Products, the forwarding module is configured to 

select one or more available tunnels according to the state of each tunnel from the at least two 

tunnels stored in the storing module and forward service according to the routing information of 

the available tunnels selected. See, e.g., id. at 673 (“However, with the BGP PIC feature 

enabled, even before BGP recalculates the best path for those affected prefixes, the Routing 

Engine signals the data plane to switch to the standby next best path. Hence traffic loss is 

minimum. The new routes are calculated even while the traffic is being forwarded, and these 

new routes are pushed down to the data plane. Therefore, the number of BGP prefixes affected 

does not impact the time taken from the time traffic outage occurs to the point of time at which 

BGP signals the loss of reachability.”); id. at 696:

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137. As such, on information and belief, Verizon has directly infringed at least claims 

1-6, 8, and 17 of the ’986 Patent by at least, for example, (i) using the Cisco Convergence 

Products and Juniper Convergence Products within its network for fast convergence in a manner 

that infringes at least claims 1-6, 8, and 17 of the ’986 Patent; (ii) making networks and systems 

that incorporate Cisco Convergence Products and Juniper Convergence Products in a manner that 

infringes at least claims 1-6, 8, and 17 of the ’986 Patent and by using such components in its 

communications and/or content delivery networks; and (iii) selling and offering for sale network 

services that use the Cisco Convergence Products and Juniper Convergence Products in a manner 

that infringes at least claims 1-6, 8, and 17 of the ’986 Patent.

138. On information and belief, Verizon has infringed at least claims 1-6, 8, and 17 of 

the ’986 Patent by inducing others, including customers and network users that use the Cisco 

Convergence Products and the Juniper Convergence Products and entities that install the Cisco 

Convergence Products and the Juniper Convergence Products, to infringe at least claims 1-6, 8, 

and 17 of the ’986 Patent in violation of 35 U.S.C. § 271(b). 

139. On information and belief, Verizon takes active steps to induce infringement of at 

least claims 1-6, 8, and 17 of the ’986 Patent by others, including its customers, and Verizon 

takes such active steps knowing that those steps will induce, encourage and facilitate direct 

infringement by others. 

140. On information and belief, Verizon knows or should know that such activities 

induce others to directly infringe at least claims 1-6, 8, and 17 of the ’986 Patent. 

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141. On information and belief, Verizon contributes to the infringement of at least 

claims 1-6, 8, and 17 of the ’986 Patent by others, including its customers. Acts by Verizon that 

contribute to the infringement of others include, but are not limited to, the sale, offer for sale, 

and/or importation by Verizon of the Cisco Convergence Products and the Juniper Convergence 

Products. Such Cisco Convergence Products and Juniper Convergence Products are especially 

made for or adapted for use to infringe at least claims 1-6, 8, and 17 of the ’986 Patent and are at 

least a material part of those claims, for example, as described above. The Cisco Convergence 

Products and the Juniper Convergence Products, including the functionality contributing to 

infringement of the ’986 Patent, are not suitable for substantial noninfringing use.

142. By way of at least Huawei’s notice to Verizon in February 2019 and on March 29, 

2019 (as well as this Complaint), Verizon knows of the ’986 Patent and performs acts that it 

knows, or should know, induce and/or contribute to the direct infringement of at least claims 1-6, 

8, and 17 of the ’986 Patent by third parties.

143. Verizon undertook and continues its infringing actions despite an objectively high 

likelihood that such activities infringed the ’986 Patent, which is presumed valid. For example, 

Verizon has been aware of an objectively high likelihood that its actions constituted, and 

continue to constitute, infringement of the ’986 Patent and that the ’986 Patent is valid since at 

least March 29, 2019. Verizon could not reasonably subjectively believe that its actions do not 

constitute infringement of the ’986 Patent, nor could it reasonably subjectively believe that 

the ’986 Patent is invalid. Despite that knowledge, subjective belief, and the objectively high 

likelihood that its actions constitute infringement, Verizon has continued its infringing activities. 

As such, Verizon willfully infringes the ’986 Patent.

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144. Huawei has been irreparably harmed by Verizon’s infringement of the ’986 Patent

and will continue to be harmed unless and until Verizon’s infringement is enjoined by this Court.

145. By its actions, Verizon has injured Huawei and is liable to Huawei for 

infringement of the ’986 Patent pursuant to 35 U.S.C. § 271.

COUNT III: INFRINGEMENT OF PATENT NO. 10,027,693

146. Huawei realleges and incorporates by reference Paragraphs 1-145 above, as if 

fully set forth herein.

147. The U.S. Patent Office duly and properly issued the ’693 Patent, entitled 

“Method, Device and System for Alerting against Unknown Malicious Codes within a Network 

Environment,” on July 17, 2018. Huawei Digital is the assignee of all right, title, and interest in 

and to the ’693 Patent and possesses the exclusive right of recovery for past, present, and future 

infringement. Each and every claim of the ’693 Patent is valid and enforceable. A true and 

correct copy of the ’693 Patent is attached hereto as Exhibit C. 

148. The ’693 Patent provides novel, useful and more effective and efficient 

techniques for protecting users from malicious downloads. When hackers discover new security 

vulnerabilities, they quickly develop malicious code to exploit the vulnerabilities and typically 

deploy that code over the Internet. See the ’693 Patent at 1:27-32. The longer it takes to identify 

the malicious code and release a patch, the more damage can result. See id. at 1:32-41.

149. Prior to the inventions of the ’693 Patent, network gateway devices such as those 

operated by Internet Service Providers (“ISPs”) were unable to report suspicious code 

downloaded by users. Id. at 1:42-43. And antivirus software may not be installed and/or 

properly maintained on end user terminals, making both the terminals and the surrounding 

network more vulnerable to the propagation of malicious code. Id. at 1:51-54.

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150. The ’693 Patent provide technical solutions to the problems in the prior art 

described above. The ’693 Patent discloses, for example, a technique whereby the network 

device records the source path of a file requested by a terminal for download. See, e.g., id. at 

3:26-31. The network device judges, based on the request for the file or the data stream carrying 

the file whether it is some form of executable file. See, e.g., id. at 3:32-34. If the file requested 

for download is an executable file, the network device sends a first alert including the source 

path to a monitoring device. See, e.g., id. at 3:35-37.

151. The monitoring device downloads the executable file from the provided source 

path and either compares the characteristics of it to other known malicious code or runs the 

executable in a sandbox to determine the likelihood of the executable file being malicious. See, 

e.g., id. at 5:24-61. The maliciousness of the file is determined. See, e.g., id. at 5:41-43, 5:59-

61. The monitoring device sends a second alert to the network device that “includes 

maliciousness of the suspicious code, or includes both the maliciousness of the suspicious code 

and the Botnet topology information.” See, e.g., id. at 6:8-11. From the information in the 

second alert, the network device can intercept the suspicious code. See, e.g., id. at 6:15-17. The 

second alarm information may also contain information regarding the topology of a Botnet, and 

the network device may use this topology information to intercept packets transmitted in the 

Botnet. See, e.g., id. at 6:18-22.

152. The inventions of the ’693 Patent improve network functionality by improving 

and solving problems in a networked device’s capability of preventing the download and spread 

of malicious code more thoroughly and with better efficiency. The inventions of the ’693 Patent

provide a computer-based solution to a computer-specific problem. The inventions of the ’693 

Patent are improvements over the prior art and other techniques for preventing malware attacks,

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and the ’693 Patent enables a combination of features not present in the prior art and other 

techniques. 

153. For example, the inventions of the ’693 Patent provide for improved network 

security by preventing malware attacks independently from and transparently to the user terminal 

requesting the malware.

154. By way of further example, the inventions of the ’693 Patent provide for 

improved computer and network operation by more thoroughly preventing malware attacks

through an architecture where network entities send queries about suspicious downloads to a 

monitoring service that is able to aggregate knowledge of malicious code from various network 

devices.

155. As such, the ’693 inventions thereby prevent malware attacks more thoroughly

and with better efficiency, which represents a concrete improvement over prior art techniques.

156. The claims of the ’693 Patent contain an inventive concept to improve the 

functioning of computers and other networked devices. Claims 1, 3, 5, and 8 claim ordered 

combinations of activities of a computer or networked device that were new, novel, innovative, 

and unconventional at the time the ’693 Patent application was filed. These ordered 

combinations are set forth in claims 1, 3, 5, and 8 of the ’693 Patent. The ordered combinations 

of elements in claim 1, 3, 5, and 8 were not well understood, routine or conventional at the time 

the ’693 Patent application was filed. The ordered combinations of the inventions of claims 1, 3, 

5, and 8 are practical, particular, non-conventional, and non-generic techniques of protecting a 

client computer from malware transmitted over a network such as the Internet. 

157. In violation of 35 U.S.C. § 271, Verizon has directly infringed, contributed to the 

infringement of, and/or induced others to infringe at least claims 1, 3, 5, and 8 of the ’693 Patent

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by, among other things, making, using, offering for sale, selling, and/or importing into the United 

States unlicensed systems, products, and/or services that infringe such claims of the ’693 Patent. 

Such unlicensed systems, products, and/or services include, by way of example and without 

limitation, Juniper SRX Series and/or virtualized SRX (“vSRX”) Services Gateways supporting 

Juniper Sky Advanced Threat Protection (“Juniper ATP Client Products”) and the Juniper Sky 

Advanced Threat Protection Appliance and/or Cloud service (“Juniper ATP Server Products”)

(collectively, “Juniper ATP Products”).

158. Juniper ATP Client Products are network devices that alert against unknown 

malicious codes. See, e.g., https://www.juniper.net/documentation/en_US/releaseindependent/sky-atp/information-products/pathway-pages/sky-atp-admin-guide.pdf at 3-4:

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159. Juniper ATP Client Products receive a request sent by a terminal for obtaining a 

file from a network entity and a data stream carrying the file. See, e.g., id. at 8:

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160. Juniper ATP Client Products record a source path carried in the request, wherein 

the network entity provides the file on the source path. See, e.g., id. at 8, 157-158, 181:

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161. Juniper ATP Client Products judge whether the file is an executable file according 

to at least one of: the request and the data stream carrying the file. See, e.g., id. at 7-8, 95:

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162. When the Juniper ATP Client Products judge the file is an executable file, the 

Juniper ATP Client Products send first alert information that carries the source path to a 

monitoring device. See, e.g., id. at 7-8, 181:

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163. Juniper ATP Client Products receive second alarm information sent by the 

monitoring device after further detecting the file downloaded according to the source path by the 

monitoring device. See, e.g., id. at 7, 181:

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164. Juniper ATP Client Products intercept the executable file according to one of the 

maliciousness of the executable file; or the executable file and packets transmitted in a Botnet 

according to the second alarm information comprising the maliciousness of the executable file 

and Botnet topology information. See, e.g., id. at 7, 181:

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165. With respect to claim 3, Juniper ATP Client Products comprise computing 

hardware and a non-transitory computer-readable storage medium including computerexecutable instructions executed by the computing hardware to perform the operations recited in 

paragraphs 158 through 164 above. 

166. With respect to claim 5, Juniper ATP Products are a system comprising a network 

device (e.g., a Juniper ATP Client Product) and a monitoring device (e.g., a Juniper ATP Server 

Product).

167. Juniper ATP Client Products comprise a first computing hardware and a first nontransitory computer-readable storage medium including a first set of computer-executable 

instructions executed by the first computing hardware to perform, on the network device, the 

operations recited in paragraphs 158 through 164 above.

168. Juniper ATP Server Products receive the first alert information from the network 

device. See, e.g., id. at 181:

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169. Juniper ATP Server Products download an executable file according to the source 

path. See, e.g., id. at 181, 158:

170. Juniper ATP Server Products detect the executable file to confirm maliciousness 

of the executable file. See, e.g., id. at 181:

171. Juniper ATP Server Products send the second alarm information to the network 

device, wherein the second alarm information comprises one of: maliciousness of the executable 

file, and both the maliciousness of the executable file and Botnet topology information. See, 

e.g., id. at 181:

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172. Juniper ATP Server Products comprise a second computing hardware and a 

second non-transitory computer-readable storage medium including a second set of computerexecutable instructions executed by the second computing hardware to perform the operations 

recited in paragraphs 168 through 171 above.

173. With respect to claim 8, Juniper ATP Client Products comprise a non-transitory 

computer readable medium storing instructions for execution by a processor, the instructions 

causing the processor to be configured to provide the operations recited in paragraphs 158

through 164 above. 

174. As such, on information and belief, Verizon has directly infringed at least claims 

1, 3, 5, and 8 of the ’693 Patent by at least, for example, making, using, selling, and offering for 

sale Juniper ATP Products. For example, “Verizon Wireless has selected Juniper Networks’

SRX Series Services Gateway to provide added network protection for mobile data users.” 

https://www.convergedigest.com/2010/02/verizon-wireless-selects-juniper-srx.html. On 

information and belief, Verizon uses multiple Juniper ATP Client Products in its network that are 

used with the Juniper ATP Server Products:

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https://enterprise.verizon.com/service guide/reg/cp mwan plus managed wan service 2016JU

L15_mk.htm. 

https://www.juniper.net/documentation/en_US/release-independent/sky-atp/informationproducts/topic-collections/sky-atp-supported-platforms-guide.pdf. As another example, on 

information and belief, Verizon uses the Juniper ATP Server Products:

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https://www.icsalabs.com/news-article/five-security-solutions-maintain-icsa-labs-advancedthreat-defense-atd-certification-af. The Juniper ATP Server Products are used for free by 

supported Juniper ATP Client Products. https://www.juniper.net/documentation/en US/releaseindependent/licensing/topics/topic-map/advanced-threat-prevention-licensing.html#id-licensesfor-juniper-sky-advanced-threat-prevention-atp (“The free model solution is available on all 

supported SRX Series devices (see the Supported Platforms Guide ) and for customers that have 

a valid support contract, but only scans executable file types (see Juniper Sky Advanced Threat 

Prevention Profile Overview). Based on this result, the SRX Series device can allow the traffic 

or perform inline blocking.”). 

https://www.icsalabs.com/products?tid%5b%5d=5352.

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https://www.juniper.net/assets/uk/en/local/pdf/infographics/3050066-en.pdf. ICSA Labs is a 

division of Verizon. See, e.g., https://www.icsalabs.com/about-icsa-labs.

175. On information and belief, Verizon has infringed at least claims 1, 3, 5, and 8 of 

the ’693 Patent by inducing others to infringe at least claims 1, 3, 5, and 8 of the ’693 Patent in 

violation of 35 U.S.C. § 271(b).

176. On information and belief, Verizon takes active steps to induce infringement of at 

least claims 1, 3, 5, and 8 of the ’693 Patent by others, including its customers, and Verizon takes 

such active steps knowing that those steps will induce, encourage and facilitate direct 

infringement by others. Such active steps include, but are not limited to, encouraging, 

advertising (including by internet websites, television, store displays, print advertisements, etc.), 

promoting, and instructing others to use network services that utilize Juniper ATP Products. See 

supra, paragraph 174; see also https://digiworld.news/news/36143/verizon-cloud-marketplacesimplifies-cloud-purchasing-experience (“Verizon Enterprise Solutions is simplifying the cloudpurchasing experience for its clients, with the launch of Verizon Cloud Marketplace, a key 

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foundational component of the company’s robust ecosystem of enterprise-class technologies. . . . 

A virtualized version of the award-winning Juniper Networks SRX Series Services Gateway, 

Firefly Perimeter can be easily deployed and managed centrally or individually as a full-featured 

virtual firewall for each department, application or tenant.”); https://investor.juniper.net/investorrelations/press-releases/press-release-details/2016/Juniper-Networks-Joins-Verizons-TechPartner-Ecosystem-for-Virtual-Network-Services/default.aspx (“Verizon business customers can 

elect to use Juniper Networks vSRX, one of the industry's most efficient and powerful virtual 

firewalls, as a VNF through Verizon's Virtual Network Services to protect data assets and 

remove network threats. As one of the industry's fastest virtual security and routing platforms 

available, Juniper Networks vSRX delivers core firewall, networking, advanced security and 

automated lifecycle management for cloud environments.”); 

https://www.channelfutures.com/cloud-2/verizon-launches-cloud-marketplace (“Verizon 

Enterprise Solutions has announced the launch of Verizon Cloud Marketplace, the company’s 

online storefront for cloud-based services. As of the launch, the Cloud Marketplace features prebuilt cloud services from several partner companies, including AppDynamics, Hitachi Data 

Systems, Juniper Networks (JNPR), pfSense and Tervela.”); https://www.cloudcomputingnews.net/news/2014/nov/19/verizon-announces-its-cloud-marketplace-open-business/ (“Verizon 

Enterprise Solutions has announced the official launch of its Verizon Cloud Marketplace, a store 

for software certified to operate in the Verizon cloud. The communications provider has been 

aggressive in its cloud push in recent months, and is opening up this one-stop shop with a variety 

of partners, including AppDynamics, Hitachi and Juniper Networks.”).

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177. On information and belief, Verizon knows or should know that such activities 

induce others to directly infringe at least claims 1, 3, 5, and 8 of the ’693 Patent, including for 

example, by prompting them to use network services that utilize Juniper ATP Products.

178. On information and belief, Verizon contributes to the infringement of at least 

claims 1, 3, 5, and 8 of the ’693 Patent by others, including its customers. Acts by Verizon that 

contribute to the infringement of others include, but are not limited to, the sale, offer for sale, 

and/or importation by Verizon of network services that utilize Juniper ATP Products. Such 

Juniper ATP Products are especially made for or adapted for use to infringe at least claims 1, 3, 

5, and 8 of the ’693 Patent and are at least a material part of those claims, for example, as 

described above with respect to claim 1. The Juniper ATP Products, including the functionality 

contributing to infringement of the ’693 Patent, are not suitable for substantial noninfringing use. 

179. By way of at least Huawei’s notice to Verizon in February 2019 and on March 29, 

2019 (as well as this Complaint), Verizon knows of the ’693 Patent and performs acts that it 

knows, or should know, induce and/or contribute to the direct infringement of at least claims 1, 

3, 5, and 8 of the ’693 Patent by third parties.

180. Verizon undertook and continues its infringing actions despite an objectively high 

likelihood that such activities infringed the ’693 Patent, which is presumed valid. For example, 

Verizon has been aware of an objectively high likelihood that its actions constituted, and 

continue to constitute, infringement of the ’693 Patent and that the ’693 Patent is valid since at 

least March 29, 2019. Verizon could not reasonably subjectively believe that its actions do not 

constitute infringement of the ’693 Patent, nor could it reasonably subjectively believe that 

the ’693 Patent is invalid. Despite that knowledge, subjective belief, and the objectively high 

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likelihood that its actions constitute infringement, Verizon has continued its infringing activities. 

As such, Verizon willfully infringes the ’693 Patent.

181. Huawei has been irreparably harmed by Verizon’s infringement of the ’693 Patent

and will continue to be harmed unless and until Verizon’s infringement is enjoined by this Court.

182. By its actions, Verizon has injured Huawei and is liable to Huawei for 

infringement of the ’693 Patent pursuant to 35 U.S.C. § 271.

COUNT IV: INFRINGEMENT OF PATENT NO. 7,609,288

183. Huawei realleges and incorporates by reference Paragraphs 1-182 above, as if 

fully set forth herein.

184. The U.S. Patent Office duly and properly issued the ’288 Patent, entitled “Method 

and apparatus of transferring the desktop of PC to video communication terminal,” on October 

27, 2009. Huawei Technologies is the assignee of all right, title, and interest in and to the ’288 

Patent and possesses the exclusive right of recovery for past, present, and future infringement. 

Each and every claim of the ’288 Patent is valid and enforceable. A true and correct copy of 

the ’288 Patent is attached hereto as Exhibit D. 

185. The ’288 Patent provides novel, useful and more effective and efficient 

techniques for transferring desktop information of a PC to a video communication terminal (e.g., 

a local video communication terminal and a remote video communication terminal) that 

overcome the problems of the prior art and thereby improve the functioning of computer and 

network equipment. See, e.g., ’288 Patent at Abstract. 

186. The ’288 Patent is generally directed to a novel and inventive technical solution to 

a problem relating to computer and networking technology, and in particular to the problem of 

transferring desktop information of a PC to a video communication terminal. ’288 Patent at 

1:16-19. With the rising demand for reliable video communications and videoconferencing, 

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conference participants frequently need to transfer desktop information to a location with high

quality and efficient network utilization. Id. at 1:24-29. Previous attempts to solve this problem 

had various disadvantages. Id. at 1:44-46.

187. Before the invention of the ’288 Patent, one solution involved projecting desktop 

information of a PC with a projector, capturing the projected image with the video camera of a 

local videoconference terminal, and transferring the desktop information to a remote video 

communication terminal after processing. Id. at 1:30-36. The ’288 Patent recognized that, in 

order to maintain higher clarity, this solution required the captured image to be smaller. Id. at 

1:46-49.

188. Another solution from before the invention of the ’288 Patent involved 

transforming the desktop information to a standard PAL/NTSC (Phase Alternating Line/National 

Television System Committee) format signal with a VGA (Video Graphic Array) converter, 

inputting the PAL/NTSC format signal to the local videoconference terminal as one of the video 

source signals, and transferring the desktop information to a remote video communication 

terminal after processing. Id. at 1:36-43. The ’288 Patent recognized that there is a loss in the 

VGA converter during the conversion of the digital signal to an analog signal, so the clarity of 

the images decreases greatly. Id. at 1:49-56. Thus, prior to the inventions of the ’288 Patent, 

there existed a need for a higher quality and more efficient method for transferring desktop 

information of a PC to a video communication terminal. 

189. The inventions of the ’288 Patent provide technical solutions to the problems in 

the prior art described above. The ’288 Patent describes, for example, capturing desktop 

information of the PC after receiving a triggering command, and converting a PC format of the 

desktop information into a format of a local video communication terminal. Id. at 2:1-4. The 

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converted desktop format is encoded in a mode ensured by the local video communication 

terminal and sent to the local video communication terminal. Id. at 2:5-8. The local video 

communication terminal receives the coded bit stream and transfers the coded bit stream to a 

remote video communication terminal through a transmission channel after processing. Id. at 

2:9-12.

190. The inventions of the ’288 Patent improve computer and network equipment 

functionality by improving and solving problems in a computer or networked device’s capability 

of transferring desktop information of a PC to a video communication terminal with higher 

quality and better efficiency. The inventions of the ’288 Patent provide a computer-based 

solution to a computer-specific problem. The inventions of the ’288 Patent are improvements 

over the prior art and other techniques for transferring desktop information of a PC to a video 

communication terminal, and the ’288 Patent enables a combination of features not present in the 

prior art and other techniques. 

191. For example, the inventions of the ’288 Patent provide for improved computer 

and network operation by transferring desktop information of a PC directly in a digital coded bit 

stream mode without converting the digital signal to analog signal. This provides the additional 

advantage of avoiding the losses associated with a VGA converter and improving the clarity at 

the video communication terminal.

192. As another example, the inventions of the ’288 Patent provide for improved 

computer and network operation by allowing the desktop information to be pre-processed before 

transmission. This allows for a reduction in the amount of bandwidth required. This also allows 

for the displayed content to include text files, films, or anything else that can be displayed on a 

PC screen.

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193. As another example, the inventions of the ’288 Patent provide for improved 

computer and network operation by allowing moving images and the desktop information to be 

transmitted simultaneously or alternatively. See, e.g., ’288 Patent at 2:47-48.

194. The claims of the ’288 Patent contain an inventive concept to improve the 

functioning of computers and other networked devices. Claims 1, 2, 5, 7, 9, 10, 12, and 14 claim

ordered combinations of activities of a computer or networked device that were new, novel, 

innovative, and unconventional at the time the ’288 Patent application was filed. These ordered 

combinations are set forth in claims 1, 2, 5, 7, 9, 10, 12, and 14 of the ’288 Patent. The ordered 

combinations of elements in claim 1, 2, 5, 7, 9, 10, 12, and 14 were not well understood, routine 

or conventional at the time the ’288 Patent application was filed. The ordered combinations of 

the inventions of claims 1, 2, 5, 7, 9, 10, 12, and 14 are practical, particular, non-conventional 

and non-generic techniques of transferring desktop information of a PC to a remote video 

communication terminal. 

195. In violation of 35 U.S.C. § 271, Verizon has directly infringed, contributed to the 

infringement of, and/or induced others to infringe at least claims 1, 2, 5, 7, 9, 10, 12, and 14 of 

the ’288 Patent by, among other things, making, using, offering for sale, selling, and/or 

importing into the United States unlicensed systems, products, and/or services that infringe such

claims of the ’288 Patent. Such unlicensed systems, products, and/or services include, by way of 

example and without limitation, Cisco Webex from Verizon, and/or Cisco room video endpoints

such as the Cisco MX, SX, and IX series, and Cisco Spark Room Series, and/or the components 

thereof, which allow for transferring desktop information of a PC to a remote video 

communication terminal. In addition, users of Cisco Webex from Verizon infringe at least 

claims 1, 2, 5, 7, 9, 10, 12, and 14 of the ’288 Patent by, for example, using the capabilities of 

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Cisco Webex from Verizon to transfer desktop information of a PC to a video communication 

terminal.

196. Cisco Webex from Verizon transfers desktop information of a PC to a video 

communication terminal. For example, Cisco Webex from Verizon transfers desktop 

information of a PC to either a local or remote participant. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html

(“Using laptops paired with the video system, users can wirelessly share content on the room 

system, allowing them to present both locally and to remote participants.”).

197. Cisco Webex from Verizon captures desktop information of the PC after

receiving a triggering command. For example, Cisco Webex from Verizon captures desktop 

information at certain intervals, resulting in “snapshots” of desktop information. See, e.g., 

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

Id.

198. Cisco Webex from Verizon converts a PC format of the desktop information into 

a format of a local video communication terminal. For example, Cisco Webex from Verizon 

converts a PC format of the desktop information into a format of a local Cisco room video 

endpoint. See, e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligentproximity.html.

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Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

199. Cisco Webex from Verizon encodes the converted desktop format in a mode 

ensured by the local video communication terminal. For example, Cisco Webex from Verizon 

encodes the converted desktop information into a mode ensured by the local Cisco room video 

endpoint. See, e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligentproximity.html.

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Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

200. Cisco Webex from Verizon sends the coded bit stream to the local video 

communication terminal. For example, Cisco Webex from Verizon sends the coded bit stream to 

the local Cisco room video endpoint. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

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Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

201. Cisco Webex from Verizon receives the coded bit stream by the local video 

communication terminal. For example, the local Cisco room video endpoint receives the coded 

bit stream. See, e.g., https://www.cisco.com/c/en/us/products/collaborationendpoints/intelligent-proximity.html.

Id.

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Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

202. Cisco Webex from Verizon transfers the coded bit stream to a remote video 

communication terminal through transmission channel after processing. For example, Cisco 

Webex from Verizon transfers the coded bit stream to any remote participants in the call after 

processing. See, e.g., https://www.cisco.com/c/en/us/products/collaborationendpoints/intelligent-proximity.html.

Id.

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Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

203. With respect to claim 2, Cisco Webex from Verizon pre-processes the captured 

desktop information. See, e.g., https://community.cisco.com/t5/mobile-applicationsdocuments/troubleshooting-guide-cisco-proximity/ta-p/3148841.

Id.

204. With respect to claim 5, Cisco Webex from Verizon captures desktop information 

of the PC from a video memory of the PC.

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95

205. With respect to claim 7, Cisco Webex from Verizon simultaneously transfers the 

coded bit stream of the desktop information and that of a local image in a multiplex encoding 

mode.

206. With respect to claim 9, Verizon uses an apparatus for transferring desktop 

information of a PC to a video communication terminal. For example, a PC with Cisco Webex 

from Verizon transfers desktop information of a PC to either a local or remote participant. See, 

e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html

(“Using laptops paired with the video system, users can wirelessly share content on the room 

system, allowing them to present both locally and to remote participants.”).

207. Further with respect to claim 9, Verizon uses an apparatus comprising a 

background processing-device, capturing desktop information of the PC, converting the captured 

desktop information from a PC format to a format of a local video communication terminal. For 

example, a PC with Cisco Webex from Verizon captures desktop information of the PC and 

converts a PC format of the desktop information into a format of a local Cisco room video 

endpoint. See, e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligentproximity.html.

Id.

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Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

208. Further with respect to claim 9, Verizon uses an apparatus comprising a 

background processing-device, encoding the converted format to a coded bit stream and 

outputting. For example, a PC with Cisco Webex from Verizon encodes the converted desktop 

information into a coded bit stream and outputs to the local Cisco room video endpoint. See, 

e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

Id.

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Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

209. Further with respect to claim 9, Verizon uses an apparatus further comprising a 

terminal processing-device, transferring the coded bit stream from the background processingdevice to a remote video communication terminal. For example, a local Cisco room video 

endpoint transfers the coded bit stream to any remote participants in the call. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

Id.

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Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

210. With respect to claim 10, Verizon uses an apparatus wherein the background 

processing-device comprises: a capture driver, sending out a triggering command; a capturing 

device, receiving the triggering command from the capture driver and capturing the desktop 

information, then outputting; an image converter, receiving the captured desktop information 

from the capturing device and converting into the format of the local video communication 

terminal, then outputting; a background encoder, encoding output signal from said image 

converter into the coded bit stream; and a background bit stream sender, sending the coded bit 

stream to the terminal processing-device. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

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Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

211. With respect to claim 12, Verizon uses an apparatus wherein the terminal 

processing-device comprises a terminal bit stream transmitter that transfers the coded bit stream 

to the remote video communication terminal. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

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Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

212. With respect to claim 14, Verizon uses an apparatus wherein the terminal 

processing-device further comprises a terminal encoder that encodes a local image and then 

outputs to the terminal bit stream transmitter. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

Id.

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Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

213. As such, on information and belief, Verizon has directly infringed at least claims 

1, 2, 5, 7, 9, 10, 12, and 14 of the ’288 Patent by at least, for example, performing testing of 

Cisco Webex from Verizon.

214. On information and belief, Verizon has infringed at least claims 1, 2, 5, 7, 9, 10, 

12, and 14 of the ’288 Patent by inducing others, including users of Cisco Webex from Verizon

that it sells and/or offers, to infringe at least claims 1, 2, 5, 7, 9, 10, 12, and 14 of the ’288 Patent

in violation of 35 U.S.C. § 271(b).

215. On information and belief, Verizon takes active steps to induce infringement of at 

least claims 1, 2, 5, 7, 9, 10, 12, and 14 of the ’288 Patent by others, including its customers, and 

Verizon takes such active steps knowing that those steps will induce, encourage and facilitate 

direct infringement by others. Such active steps include, but are not limited to, encouraging, 

advertising (including by internet websites, television, store displays, print advertisements, etc.), 

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promoting, and instructing others to use and/or how to transfer desktop information of a PC to a 

video communication terminal. Such video communication terminals include those made, sold, 

offered for sale, and/or imported by Verizon, such as the various Cisco room video endpoints. 

For example, Verizon induces users of Cisco Webex by Verizon to use one or more claimed 

inventions of the ’288 Patent by instructing users how to transfer desktop information of a PC to 

a video communication terminal, such as a Cisco room video endpoint. See, e.g., 

https://enterprise.verizon.com/products/business-communications/unified-communications-andcollaboration/cisco-webex/.

 

https://enterprise.verizon.com/resources/factsheets/2018/cisco-webex.pdf. On information and 

belief, Verizon knows or should know that such activities induce others to directly infringe at 

least claims 1, 2, 5, 7, 9, 10, 12, and 14 of the ’288 Patent.

216. On information and belief, Verizon contributes to the infringement of at least 

claims 1, 2, 5, 7, 9, 10, 12, and 14 of the ’288 Patent by others, including its customers. Acts by 

Verizon that contribute to the infringement of others include, but are not limited to, the sale, 

offer for sale, and/or importation by Verizon of Cisco Webex by Verizon and/or Cisco room 

video endpoints. Such Cisco Webex by Verizon and/or Cisco room video endpoints are 

especially made for or adapted for use to infringe claims 1, 2, 5, 7, 9, 10, 12, and 14 of the ’288 

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Patent and are at least a material part of those claims, for example, as described above with 

respect to claim 1. Cisco Webex by Verizon and/or Cisco room video endpoints, including the 

functionality contributing to infringement of the ’288 Patent, are not suitable for substantial 

noninfringing use.

217. By way of at least Huawei’s notice to Verizon on March 29, 2019 (as well as this 

Complaint), Verizon knows of the ’288 Patent and performs acts that it knows, or should know, 

induce and/or contribute to the direct infringement of at least claims 1, 2, 5, 7, 9, 10, 12, and 14 

of the ’288 Patent by third parties.

218. Verizon undertook and continues its infringing actions despite a high likelihood 

that such activities infringed the ’288 Patent, which is presumed valid. For example, Verizon has 

been aware of a high likelihood that its actions constituted, and continue to constitute,

infringement of the ’288 Patent and that the ’288 Patent is valid since at least March 29, 2019. 

Verizon could not reasonably subjectively believe that its actions do not constitute infringement 

of the ’288 Patent, nor could it reasonably subjectively believe that the patent is invalid. Despite 

that knowledge, subjective belief, and the objectively high likelihood that its actions constitute

infringement, Verizon has continued its infringing activities. As such, Verizon willfully 

infringes the ’288 Patent.

219. Huawei has been irreparably harmed by Verizon’s infringement of the ’288 Patent 

and will continue to be harmed unless and until Verizon’s infringement is enjoined by this Court.

220. By its actions, Verizon has injured Huawei and is liable to Huawei for 

infringement of the ’288 Patent pursuant to 35 U.S.C. § 271.

COUNT V: INFRINGEMENT OF PATENT NO. 9,521,366

221. Huawei realleges and incorporates by reference Paragraphs 1-220 above, as if 

fully set forth herein.

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222. The U.S. Patent Office duly and properly issued the ’366 Patent, entitled “Method 

and apparatus for playing conference signal, video conference terminal, and mobile device” on 

December 13, 2016. Huawei Technologies is the assignee of all right, title, and interest in and to 

the ’366 Patent and possesses the exclusive right of recovery for past, present, and future 

infringement. Each and every claim of the ’366 Patent is valid and enforceable. A true and 

correct copy of the ’366 Patent is attached hereto as Exhibit E. 

223. The ’366 Patent provides novel, useful and more effective and efficient 

techniques for playing a conference signal that overcome the problems of the prior art and 

thereby improve the functioning of computer and network equipment. See, e.g., ’366 Patent at 

Abstract.

224. The ’366 Patent is generally directed to a novel and inventive technical solution to 

a problem relating to computer and networking technology, and in particular to the problem of 

playing a conference signal. ’366 Patent at 1:17-20. With the rising demand for reliable video 

communications and videoconferencing, conference participants frequently need to display a 

main stream signal and a presentation stream signal at the same time. Id. at 1:24-62. Previous 

attempts to solve this problem included various disadvantages. Id. at 2:12-17.

225. Before the invention of the ’366 Patent, one solution required the presentation 

stream signal to be displayed on a display device of the site in a picture in picture (PIP) manner, 

that is, to display the main stream signal in full screen, and display the presentation stream signal 

in an inset window, or display the presentation stream signal in full screen, and display the main 

stream signal in an inset window. Id. at 1:67-2:11. The ’366 Patent recognized that a size of a 

signal displayed in an inset window is relatively small, and a signal that is displayed in an inset 

window blocks a part of a signal that is displayed in full screen, which leads to relatively 

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undesirable effects of displaying the main stream signal and the presentation stream signal. Id. at 

2:12-17. Thus, prior to the inventions of the ’366 Patent, there existed a need for a higher quality 

and more efficient method for displaying a main stream signal and a presentation stream signal at 

the same time. 

226. The inventions of the ’366 Patent provide technical solutions to the problems in 

the prior art described above. The ’366 Patent describes, for example, establishing a connection 

channel between a mobile device held by a conference participant located at a site and a video 

conference terminal located at the site. Id. at 2:32-36. A first type of signal is sent through the

connection channel to the mobile device for play. Id. at 2:36-40. A second type of signal is sent 

to a primary playing device of the site for play. Id. at 2:40-42. When the first type signal is a 

presentation stream signal, the second type signal is a main stream signal, and when the first type 

signal is the main stream signal, the second type signal is the presentation stream signal. Id. at 

2:42-46.

227. The inventions of the ’366 Patent improve computer and network equipment 

functionality by improving and solving problems in a computer or networked device’s capability 

of playing a conference signal with higher quality and better efficiency. The inventions of 

the ’366 Patent provide a computer-based solution to a computer-specific problem. The 

inventions of the ’366 Patent are improvements over the prior art and other techniques for 

playing a conference signal, and the ’366 Patent enables a combination of features not present in 

the prior art and other techniques. 

228. For example, the inventions of the ’366 Patent provide for improved computer 

and network operation by displaying a main stream signal and a presentation stream signal

without requiring one signal to be displayed in an inset window. This provides the additional 

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advantage of improving the display’s quality and avoiding an inset window blocking a part of a 

signal that is displayed in full screen.

229. As another example, the inventions of the ’366 Patent provide for improved 

computer and network operation by establishing a connection channel between a plurality of 

mobile devices held by a plurality of conference participants located at a site and a video 

conference terminal located at the site. As such, the ’366 inventions thereby allow users to play

a conference signal, for example, with higher quality and more efficiency, which represents a 

concrete improvement over prior art techniques. 

230. The claims of the ’366 Patent contain an inventive concept to improve the 

functioning of computers and other networked devices. Claims 1, 5, 8, 12, 15-17, 19, and 20 

claim ordered combinations of activities of a computer or networked device that were new, 

novel, innovative, and unconventional at the time the ’366 Patent application was filed. These 

ordered combinations are set forth in claims 1, 5, 8, 12, 15-17, 19, and 20 of the ’366 Patent. 

The ordered combinations of elements in claim 1, 5, 8, 12, 15-17, 19, and 20 were not well 

understood, routine or conventional at the time the ’366 Patent application was filed. The 

ordered combinations of the inventions of claims 1, 5, 8, 12, 15-17, 19, and 20 are practical, 

particular, non-conventional and non-generic techniques of playing a conference signal. 

231. In violation of 35 U.S.C. § 271, Verizon has directly infringed, contributed to the 

infringement of, and/or induced others to infringe at least claims 1, 5, 8, 12, 15-17, 19, and 20 of 

the ’366 Patent by, among other things, making, using, offering for sale, selling, and/or 

importing into the United States unlicensed systems, products, and/or services that infringe such

claims of the ’366 Patent. Such unlicensed systems, products, and/or services include, by way of 

example and without limitation, Cisco Webex from Verizon, mobile devices, Cisco room video 

Case 6:20-cv-00090-ADA Document 1 Filed 02/05/20 Page 106 of 173
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endpoints such as the Cisco MX, SX, IX series and Cisco Spark Room series, and/or the 

components thereof which allow for playing a conference signal. In addition, users of Cisco 

Webex from Verizon infringe at least claims 1, 5, 8, 12, 15-17, 19, and 20 of the ’366 Patent by,

for example, using the capabilities of Cisco Webex from Verizon to play a conference signal.

232. Cisco Webex from Verizon plays a conference signal. For example, Cisco Webex 

from Verizon plays a conference signal locally and to remote participants. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html 

(“Using laptops paired with the video system, users can wirelessly share content on the room 

system, allowing them to present both locally and to remote participants.”).

Id.

233. Cisco Webex from Verizon establishes a connection channel between a plurality 

of mobile devices held by a plurality of conference participants located at a site and a video 

conference terminal located at the site, wherein the video conference terminal comprises a 

primary playing device. For example, Cisco Webex from Verizon establishes a connection 

channel between a plurality of mobile devices held by conference participants and a Cisco room 

video endpoint, which includes a device with picture, sound, and video playing capabilities. See, 

e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

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Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

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Id.

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110

https://www.cisco.com/c/dam/m/zh_cn/projectworkplace/assets/pdf/proximity-networking.pdf.

234. Cisco Webex from Verizon sends, through the established connection channel, a 

first type signal in to-be-played signals to each of the mobile devices for play, wherein the to-beplayed signals are signals that are received by the video conference terminal and are to be 

played. For example, Cisco Webex from Verizon sends, through the established connection 

channel, a slideshow signal in to-be-played signal to a plurality of conference participants’ 

mobile devices for play, and the to-be-played signals are signals that are received by the Cisco 

room video endpoint and are to be played. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

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Id.

Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

Case 6:20-cv-00090-ADA Document 1 Filed 02/05/20 Page 111 of 173
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Id.

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

235. Cisco Webex from Verizon sends a second type signal in the to-be-played signals 

to the primary playing device of the site for play. For example, Cisco Webex from Verizon 

sends a video signal in to-be-played signals to the Cisco room video endpoint’s device with 

picture, sound, and video playing capabilities for play. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

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Id.

Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

236. Cisco Webex from Verizon sends a first type signal and second type signal, 

wherein the first type signal is a presentation stream signal when the second type signal is a main 

stream signal, or the first type signal is the main stream signal when the second type signal is the 

presentation stream signal. For example, Cisco Webex from Verizon sends a video signal to the 

primary playing device of the Cisco room video endpoint and a slideshow signal to each of the 

mobile devices. See, e.g., https://www.cisco.com/c/en/us/products/collaborationendpoints/telepresence-mx-series/.

Case 6:20-cv-00090-ADA Document 1 Filed 02/05/20 Page 114 of 173
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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

237. Cisco Webex from Verizon sends a presentation stream signal and main stream

signal, wherein the presentation stream signal comprises at least one of a document and a 

demonstration slide to be displayed and the main stream signal comprises real-time content to be 

displayed. For example, Cisco Webex from Verizon sends a video signal that comprises realtime content to be displayed and a slideshow signal that comprises a demonstration slide to be 

displayed. See, e.g., https://www.cisco.com/c/en/us/products/collaborationendpoints/telepresence-mx-series/.

Case 6:20-cv-00090-ADA Document 1 Filed 02/05/20 Page 115 of 173
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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html. 

238. With respect to claim 5, Cisco Webex from Verizon plays a conference signal 

implemented by a mobile device. For example, Cisco Webex from Verizon plays a conference 

signal implemented by a mobile device. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html 

(“Using laptops paired with the video system, users can wirelessly share content on the room 

system, allowing them to present both locally and to remote participants.”).

Id.

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117

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

239. Further with respect to claim 5, Cisco Webex from Verizon establishes a 

connection channel between the mobile device held by a conference participant located at a site 

and a video conference terminal located at the site, wherein the video conference terminal 

comprises a primary playing device. For example, Cisco Webex from Verizon establishes a 

connection channel between the mobile devices held by conference participants and a Cisco 

room video endpoint, which includes a device with picture, sound, and video playing 

capabilities. See, e.g., https://www.cisco.com/c/en/us/products/collaborationendpoints/intelligent-proximity.html.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

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Id.

Id.

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119

https://www.cisco.com/c/dam/m/zh_cn/projectworkplace/assets/pdf/proximity-networking.pdf.

240. Further with respect to claim 5, Cisco Webex from Verizon receives, through the 

established connection channel, a type of signal that is sent by the video conference terminal, 

wherein the type of signal is selected from to-be-played signals comprising at least two different 

types of signals. For example, Cisco Webex from Verizon receives, through the established 

connection channel, a slideshow signal sent by the video conference terminal, wherein the 

slideshow signal is selected from to-be-played signals comprising at least slideshow signal and a 

video signal. See, e.g., https://www.cisco.com/c/en/us/products/collaborationendpoints/intelligent-proximity.html.

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Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

Id.

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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

241. Further with respect to claim 5, Cisco Webex from Verizon plays the type of 

signal selected from the to-be-played signals comprising the at least two different types of 

signals, wherein another type of signal selected from the to-be-played signals comprising the at 

least two different types of signals is played at the primary playing device. For example, Cisco 

Webex from Verizon plays the slideshow signal selected from the to-be-played signals wherein 

the video signal is played at the primary playing device. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

Id.

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Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

Id.

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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

242. Further with respect to claim 5, Cisco Webex from Verizon plays the type of 

signal selected wherein the type of signal is a presentation stream signal or a main stream signal, 

wherein the presentation stream signal comprises at least one of a document and a demonstration 

slide to be displayed and the main stream signal comprises real-time content to be displayed. For 

example, Cisco Webex from Verizon plays a video signal on the primary playing device of the 

Cisco room video endpoint and a slideshow signal on each of the mobile devices. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/telepresence-mx-series/.

Case 6:20-cv-00090-ADA Document 1 Filed 02/05/20 Page 123 of 173
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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

243. With respect to claim 8, Cisco room video endpoints are a video conference 

terminal. See, e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligentproximity.html.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

244. Further with respect to claim 8, Cisco room video endpoints have a processor 

configured to establish a connection channel between a plurality of mobile devices held by a 

plurality of conference participants located at a site and the video conference terminal located at 

the site. See, e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligentproximity.html.

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https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

Id.

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Id.

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127

https://www.cisco.com/c/dam/m/zh_cn/projectworkplace/assets/pdf/proximity-networking.pdf.

245. Further with respect to claim 8, Cisco room video endpoints have a signal 

distributor configured to send, through the connection channel established by the processor, a 

first type signal in to-be-played signals to each of the mobile devices for play, wherein the to-beplayed signals are signals that are received by the video conference terminal and are to be 

played. For example, Cisco room video endpoints have a signal distributor configured to send, 

through the connection channel established by the processor, a slideshow signal in to-be-played 

signals to a plurality of conference participants’ mobile devices for play, and the to-be-played 

signals are signals that are received by the Cisco room video endpoint and are to be played. See, 

e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

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Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

Id.

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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

246. Further with respect to claim 8, Cisco room video endpoints have a signal 

distributor further configured to send a second type signal in the to-be-played signals to a 

primary playing device of the site for play. For example, Cisco room video endpoints have a 

signal distributor further configured to send a video signal in to-be-played signals to the Cisco 

room video endpoint’s device with picture, sound, and video playing capabilities for play. See, 

e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

Id.

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Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

247. Further with respect to claim 8, in the Cisco room video endpoints, the first type 

signal is a presentation stream signal when the second type signal is a main stream signal, or the 

first type signal is the main stream signal when the second type signal is the presentation stream 

signal. For example, the Cisco room video endpoints send a video signal to the primary playing 

device of the Cisco room video endpoint and a slideshow signal to each of the mobile devices. 

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See, e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/telepresence-mxseries/.

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

248. Further with respect to claim 8, in the Cisco room video endpoints, the 

presentation stream signal comprises at least one of a document and a demonstration slide to be 

displayed, and the main stream signal comprises real-time content to be displayed. For example, 

Cisco room video endpoints send a video signal that comprises real-time content to be displayed

and a slideshow signal that comprises a demonstration slide to be displayed. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/telepresence-mx-series/.

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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

249. With respect to claim 12, mobile devices with Cisco Webex from Verizon include 

a processor configured to establish a connection channel between the mobile device located at a 

site and a video conference terminal located at the site, wherein the video conference terminal 

comprises a primary playing device. For example, mobile devices with Cisco Webex from 

Verizon include a processor configured to establish a connection channel between the mobile 

devices held by conference participants and a Cisco room video endpoint, which includes a 

device with picture, sound, and video playing capabilities. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

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Id.

Id.

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https://www.cisco.com/c/dam/m/zh_cn/projectworkplace/assets/pdf/proximity-networking.pdf.

250. Further with respect to claim 12, mobile devices with Cisco Webex from Verizon 

include a signal receiver configured to receive, through the connection channel established by the 

processor, a type of signal that is sent by the video conference terminal, wherein the type of 

signal is selected from to-be-played signals comprising at least two different types of signals. 

For example, mobile devices with Cisco Webex from Verizon include a signal receiver 

configured to receive, through the established connection channel, a slideshow signal sent by the 

video conference terminal, wherein the slideshow signal is selected from to-be-played signals 

comprising at least slideshow signal and a video signal. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

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Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

Id.

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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

251. Further with respect to claim 12, mobile devices with Cisco Webex from Verizon 

include a player configured to play the type of signal selected from the to-be-played signals 

comprising the at least two different types of signals. For example, mobile devices with Cisco 

Webex from Verizon include a player configured to play the slideshow signal selected from the 

to-be-played signals comprising at least the slideshow signal and the video signal. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

Id.

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Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

Id.

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

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252. Further with respect to claim 12, in mobile devices with Cisco Webex from 

Verizon, another type of signal selected from the to-be-played signals comprises the at least two 

different types of signals is played at the primary playing device. For example, in mobile 

devices with Cisco Webex from Verizon, another type of signal selected from the to-be-played 

signals is played at the Cisco room video endpoint’s device with picture, sound, and video 

playing capabilities for play. See, e.g., https://www.cisco.com/c/en/us/products/collaborationendpoints/intelligent-proximity.html.

Id.

Id.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

253. Further with respect to claim 12, in mobile devices with Cisco Webex from 

Verizon, the type of signal is a presentation stream signal or a main stream signal, wherein the 

presentation stream signal comprises at least one of a document and a demonstration slide to be 

displayed, and the main stream signal comprises real-time content to be displayed. For example, 

in mobile devices with Cisco Webex from Verizon, a video signal plays on the primary playing 

device of the Cisco room video endpoint and a slideshow signal plays on each of the mobile 

devices. See, e.g., https://www.cisco.com/c/en/us/products/collaboration-endpoints/telepresencemx-series/.

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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

254. With respect to claim 15, Cisco Webex from Verizon sends a first type signal and 

second type signal, wherein the first type signal is the presentation stream signal and the second 

type signal is the main stream signal. For example, Cisco Webex from Verizon sends a video 

signal to the primary playing device of the Cisco room video endpoint and a slideshow signal to 

each of the mobile devices. See, e.g., https://www.cisco.com/c/en/us/products/collaborationendpoints/telepresence-mx-series/.

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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

255. With respect to claim 16, Cisco Webex from Verizon sends a presentation stream 

signal and main stream signal, wherein the presentation stream signal comprises a plurality of 

first subtype signals, wherein the first subtype signals comprise at least one of the document and 

the demonstration slide that is shared by another site, wherein the main stream signal comprises a 

plurality of second subtype signals, and wherein the second subtype signals comprise at least one 

of an image signal collected in real-time or a speech signal collected in real-time. For example, 

Cisco Webex from Verizon sends a video and speech signal collected in real-time to the primary 

playing device of the Cisco room video endpoint and a slideshow signal that is shared by another 

site to each of the mobile devices. See, e.g., 

https://www.cisco.com/c/en/us/products/collaboration-endpoints/telepresence-mx-series/.

https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html.

256. With respect to claim 17, Cisco Webex from Verizon establishes a connection 

channel between the mobile device held by a conference participant located at a site and a video 

conference terminal located at the site, wherein the connection between the mobile device and

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the video conference terminal is a direct connection. For example, Cisco Webex from Verizon 

establishes a direct connection between the mobile device and the Cisco room video endpoint, 

where no routing mobile device (or relay mobile device) exists between the mobile device and 

the Cisco room video endpoint. See, e.g., https://www.cisco.com/c/en/us/products/collaborationendpoints/intelligent-proximity.html.

https://community.cisco.com/t5/mobile-applications-documents/troubleshooting-guide-ciscoproximity/ta-p/3148841.

Id.

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Id.

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https://www.cisco.com/c/dam/m/zh_cn/projectworkplace/assets/pdf/proximity-networking.pdf.

257. With respect to claim 19, Cisco room video endpoints have a processor further 

configured to determine a master mobile device according to capability information of a plurality 

of mobile devices held by a plurality of conference participants at the site and control a switching 

of signals played by the primary playing device and the mobile devices according to a selection 

received from the master mobile device. See, e.g., https://help.webex.com/enus/WBX86712/How-Do-I-Use-the-Anyone-Can-Share-Feature-in-Webex-Meetings.

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Id.

258. With respect to claim 20, mobile devices with Cisco Webex from Verizon include

a processor further configured to send a switching play request message to switch a signal played 

by a primary playing device and the mobile device. See, e.g., https://help.webex.com/enus/WBX86712/How-Do-I-Use-the-Anyone-Can-Share-Feature-in-Webex-Meetings.

Id.

259. As such, on information and belief, Verizon has directly infringed at least claims 

1, 5, 8, 12, 15-17, 19, and 20 of the ’366 Patent by at least, for example, (i) performing testing of 

Cisco Webex from Verizon; (ii) making, using, offering for sale, selling, and/or importing into 

the United States its mobile devices; and (iii) making, using, offering for sale, selling, and/or 

importing into the United States Cisco room video endpoints.

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260. On information and belief, Verizon has infringed at least claims 1, 5, 8, 12, 15-17, 

19, and 20 of the ’366 Patent by inducing others, including users of Cisco Webex from Verizon

that it sells and/or offers, to infringe at least claims 1, 5, 8, 12, 15-17, 19, and 20 of the ’366 

Patent in violation of 35 U.S.C. § 271(b).

261. On information and belief, Verizon takes active steps to induce infringement of at 

least claims 1, 5, 8, 12, 15-17, 19, and 20 of the ’366 Patent by others, including its customers, 

and Verizon takes such active steps knowing that those steps will induce, encourage and 

facilitate direct infringement by others. Such active steps include, but are not limited to, 

encouraging, advertising (including by internet websites, television, store displays, print 

advertisements, etc.), promoting, and instructing others to use and/or how to play a conference 

signal. Such conference signals are played on devices including those made, sold, offered for 

sale, and/or imported by Verizon, such as the various Cisco room video endpoints and various 

mobile devices. For example, Verizon induces users of Cisco Webex by Verizon to use one or 

more claimed inventions of the ’366 Patent by instructing users how to play a conference signal 

on a video conference terminal, such as a Cisco room video endpoint, or on a mobile device. 

See, e.g., https://enterprise.verizon.com/products/business-communications/unifiedcommunications-and-collaboration/cisco-webex/.

Case 6:20-cv-00090-ADA Document 1 Filed 02/05/20 Page 146 of 173
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https://www.cisco.com/c/en/us/products/collaboration-endpoints/intelligent-proximity.html. On 

information and belief, Verizon knows or should know that such activities induce others to 

directly infringe at least claims 1, 5, 8, 12, 15-17, 19, and 20 of the ’366 Patent, including for 

example, by prompting them to use Cisco Webex by Verizon to play a conference signal. 

262. On information and belief, Verizon contributes to the infringement of at least 

claims 1, 5, 8, 12, 15-17, 19, and 20 of the ’366 Patent by others, including its customers. Acts 

by Verizon that contribute to the infringement of others include, but are not limited to, the sale, 

offer for sale, and/or import by Verizon of Cisco Webex by Verizon, Cisco room video 

endpoints, and/or mobile devices. Such Cisco Webex by Verizon, Cisco room video endpoints, 

and/or mobile devices are especially adapted for use to infringe at least claims 1, 5, 8, 12, 15-17, 

19, and 20 of the ’366 Patent and are at least a material part of those claims, for example, as 

described above with respect to claim 1. Cisco Webex by Verizon, Cisco room video endpoints, 

and/or mobile devices are not suitable for substantial noninfringing use.

263. By way of at least Huawei’s notice to Verizon on March 29, 2019 (as well as this 

Complaint), Verizon knows of the ’366 Patent and performs acts that it knows, or should know, 

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induce, and/or contribute to the direct infringement of at least claims 1, 5, 8, 12, 15-17, 19, and 

20 of the ’366 Patent by third parties.

264. Verizon undertook and continues its infringing actions despite a high likelihood 

that such activities infringed the ’366 Patent, which is presumed valid. For example, Verizon has 

been aware of a high likelihood that its actions constituted, and continue to constitute,

infringement of the ’366 Patent and that the ’366 Patent is valid since at least March 29, 2019. 

Verizon could not reasonably subjectively believe that its actions do not constitute infringement 

of the ’366 Patent, nor could it reasonably subjectively believe that the patent is invalid. Despite 

that knowledge, subjective belief, and the objectively high likelihood that its actions constitute 

infringement, Verizon has continued its infringing activities. As such, Verizon willfully 

infringes the ’366 Patent.

265. Huawei has been irreparably harmed by Verizon’s infringement of the ’366 Patent 

and will continue to be harmed unless and until Verizon’s infringement is enjoined by this Court.

266. By its actions, Verizon has injured Huawei and is liable to Huawei for 

infringement of the ’366 Patent pursuant to 35 U.S.C. § 271.

COUNT VI: INFRINGEMENT OF U.S. PATENT NO. 7,715,832

267. Huawei realleges and incorporates by reference paragraphs 1-266 above, as if 

fully set forth herein.

268. The U.S. Patent Office duly and properly issued the ’832 Patent, entitled “Mobile 

Terminal and a Method for Implementing the Guardianship Function,” on May 11, 2010. 

Huawei Technologies is the assignee of all right, title, and interest in and to the ’832 Patent and 

possesses the exclusive right of recovery for past, present, and future infringement. Each and 

every claim of the ’832 Patent is valid and enforceable. A true and correct copy of the ’832

Patent is attached hereto as Exhibit F. 

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269. The ’832 Patent provides novel, useful and more effective and efficient 

techniques for implementing a guardianship function at a mobile terminal that overcome the 

problems of the prior art and thereby improve the functioning of computer and network 

equipment.

270. The ’832 Patent is generally directed to a novel and inventive technical solution to 

a problem relating to computer and networking technology, and in particular to the problem of 

implementing a guardianship function at a mobile terminal. Here, guardians (such as parents) 

frequently equipped their wards (such as children) with a mobile terminal, such as a cell phone, 

but when the parent needed to determine the child’s status, the parent had no choice but to 

contact the child on the parent’s own initiative. Id. at 1:22-28. This made it difficult for the 

parent to monitor the child’s use of the mobile terminal. Id. at 1:28-30. Previous attempts to 

solve this problem included various disadvantages.

271. The inventions of the ’832 Patent provide technical solutions to the problems in 

the prior art described above. The ’832 Patent describes, for example, collecting data by the 

processing hardware related to use of the mobile terminal, analyzing the data by the processing 

hardware and determining the use of the mobile terminal according the analyzing, and sending a 

short message from the mobile terminal used for notifying the determined use of the mobile 

terminal. See, e.g., the ’832 Patent at 9:62-11:58. The ’832 Patent further describes receiving at 

the mobile terminal a remote control message for indicating that a running of at least one 

program at the mobile terminal should be stopped, and stopping the running of the at least one 

program according to the remote control message. See, e.g., id. at 13:4-28.

272. The inventions of the ’832 Patent improve computer functionality by improving 

and solving problems in a computer’s capability of implementing a guardianship function at a 

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mobile terminal more thoroughly and with better efficiency. The inventions of the ’832 Patent

provide a computer-based solution to a computer-specific problem. The inventions of the ’832

Patent are improvements over the prior art and other techniques for implementing a guardianship

function at a mobile terminal, and the ’832 Patent enables a combination of features not present 

in the prior art and other techniques. 

273. For example, the inventions of the ’832 Patent provide for improved computer 

operation by implementing a guardianship function at a mobile terminal, which allows the parent

to monitor – and control – the child’s phone use.

274. By way of further example, the inventions of the ’832 Patent provide for 

improved computer operation by allowing configuration commands to be sent to the child’s 

mobile terminal to establish parental control requirements, implementing a guardianship function 

at a mobile terminal that collects data from the child’s mobile terminal, analyzes the data to 

determine the mobile terminal’s use, and sends a short message to inform the guardian of the use, 

and implementing a remote control message for indicating that a running of at least one program 

at the mobile terminal should be stopped, and stopping the running of the at least one program 

according to the remote control message.

275. As such, the ’832 inventions thereby allow users to implement a guardianship 

function at a mobile terminal more thoroughly and with better efficiency, which represents a 

concrete improvement over prior art techniques. 

276. The claims of the ’832 Patent contain an inventive concept improve the 

functioning of computers and other networked devices. Claims 7-9 claim ordered combinations 

of activities of a computer or networked device that were new, novel, innovative, and 

unconventional at the time the ’832 Patent application was filed. These ordered combinations 

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are set forth in claims 7-9 of the ’832 Patent. The ordered combinations of elements in claims 7-

9 were not well understood, routine or conventional at the time the ’832 Patent application was 

filed. The ordered combinations of the inventions of claims 7-9 are practical, particular, nonconventional, and non-generic techniques of implementing a guardianship function at a mobile 

terminal. 

277. In violation of 35 U.S.C. § 271, Verizon has directly infringed, contributed to the 

infringement of, and/or induced others to infringe through Verizon’s Smart Family Service 

(formerly known as FamilyBase):

https://www.verizonwireless.com/solutions-and-services/verizon-smart-family/. See also

https://wbillpay.verizonwireless.com/vzw/nos/safeguards/safeguardLandingPage.action. 

278. For example, Verizon infringes at least claims 7-9 of the ’832 Patent by, among

other things, making, using, offering for sale, selling, and/or importing into the United States 

unlicensed systems, products, and/or services that infringe such claims of the ’832 Patent. Such 

unlicensed systems, products, and/or services include, by way of example and without limitation, 

Verizon’s Smart Family Service (formerly known as FamilyBase) and/or the components 

thereof, which allows for implementing a guardianship function at a mobile terminal. And users 

of the Verizon Smart Family Service directly infringe at least claims 7-9 of the ’832 Patent by, 

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for example, using the capabilities of the Verizon Smart Family Service to implement a 

guardianship function at a mobile terminal. See https://www.verizonwireless.com/support/howto-use-verizon-smart-family/ (“Verizon Smart Family is a service that offers location services 

and parental controls for all of your family members’ phones.”).

279. With respect to at least claims 7-9, the Verizon Smart Family Service is operable 

to implement a guardianship function at a mobile terminal having processing hardware and 

memory. See, e.g., https://www.verizonwireless.com/support/how-to-use-verizon-smart-family/

(“Verizon Smart Family is a service that offers location services and parental controls for all of 

your family members’ phones.”); id. (“Make sure the Smart Family Companion app is 

downloaded on your child’s phone.).

280. The Verizon Smart Family Service is operable to collect data by the processing 

hardware related to use of the mobile terminal. See, e.g.,

https://www.verizonwireless.com/support/how-to-use-verizon-smart-family/ (“Tap Agree to 

provide parental consent for the Smart Family app to collect information from your child’s phone 

in order to provide the Smart Family service to you and your family.”); id. (“You’ll be taken to 

the child’s system settings. Follow the instructions to set up the child’s VPN profile to collect 

web and app activity, enable content filters and enforce time restrictions.”).

281. The Verizon Smart Family Service is operable to analyze the data by the 

processing hardware and determining the use of the mobile terminal according the analyzing. 

See, e.g., https://www.verizonwireless.com/support/how-to-use-verizon-smart-family/ (“You’ll 

see a list of contacts your child has been communicating with.”); id. (“You’ll see a detailed view 

of your child’s call and text activity for that day.”); id. (“You’ll see a detailed view of the day’s 

activities, including specific websites and apps visited in each category.”).

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282. The Verizon Smart Family Service is operable to send a short message from the 

mobile terminal used for notifying the determined use of the mobile terminal. See, e.g.,

https://www.verizonwireless.com/support/how-to-use-verizon-smart-family/ (“You’ll see a list 

of contacts your child has been communicating with.”); id. (“You’ll see a detailed view of your 

child’s call and text activity for that day.”); id. (“You’ll see a detailed view of the day’s 

activities, including specific websites and apps visited in each category.”).

283. The Verizon Smart Family Service is operable to receive at the mobile terminal a 

remote control message for indicating that a running of at least one program at the mobile 

terminal should be stopped. See, e.g., https://www.verizonwireless.com/support/how-to-useverizon-smart-family/ (“Set up content filters: You must be paired with your child’s Smart 

Family Companion app to use content filters.”); id. (“View child’s web and app activity: You

must be paired with your child’s Smart Family Companion app to use this feature.”).

284. The Verizon Smart Family Service is operable to stop the running of the at least 

one program according to the remote control message. See, e.g.,

https://www.verizonwireless.com/support/how-to-use-verizon-smart-family/ (“Set up content 

filters: You must be paired with your child’s Smart Family Companion app to use content 

filters.”); id. (“Tap the switch for each filter you want to turn on or off.”); id. (“Follow the 

instructions to set up the child’s VPN profile to collect web and app activity, enable content 

filters and enforce time restrictions.”); id. (“Pause child’s internet: You must be paired with your 

child’s Smart Family Companion app to pause internet.”); id. (“1. Select the child at the top of 

the screen. 2. Tap Pause internet. 3. Tap OK.”); id. (“View child’s web and app activity: You 

must be paired with your child’s Smart Family Companion app to use this feature.”). See also

https://www.verizonwireless.com/support/verizon-smart-family-faqs/ (“How can I block a 

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website or app? ... You can set up content filters to block all websites and apps in a variety of 

content categories.”).

285. With respect to claim 8, the Verizon Smart Family Service is operable to identify

whether the short message received contains a predefined password, and when the short message 

received contains a predefined password, determine the short message received is the remote 

control message.

286. With respect to claim 9, the Verizon Smart Family Service is operable to perform 

the method of claim 7, wherein, the use of the mobile terminal comprises any one or any 

combination of the followings: playing games, opening a data service application and making a 

call. See, e.g., https://www.verizonwireless.com/support/how-to-use-verizon-smart-family/

(“You’ll see a list of contacts your child has been communicating with.”); id. (“You’ll see a 

detailed view of your child’s call and text activity for that day.”); id. (“You’ll see a detailed view 

of the day’s activities, including specific websites and apps visited in each category.”). See also

https://www.verizonwireless.com/support/verizon-smart-family-faqs/ (“How can I block a 

website or app? ... You can set up content filters to block all websites and apps in a variety of 

content categories.”).

287. As such, on information and belief, Verizon has directly infringed at least claims 

7-9 of the ’832 Patent by at least, for example, performing testing of the Verizon Smart Family 

Service in the United States, in violation of 35 U.S.C. § 271(a).

288. On information and belief, Verizon has infringed at least claims 7-9 of the ’832 

Patent by inducing others, including users of the Verizon Smart Family Service that it sells 

and/or offers, to infringe at least claims 7-9 of the ’832 Patent in violation of 35 U.S.C. § 271(b).

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289. On information and belief, Verizon takes active steps to induce infringement of at 

least claims 7-9 of the ’832 Patent by others, including its customers, and Verizon takes such 

active steps knowing that those steps will induce, encourage and facilitate direct infringement by 

others. Such active steps include, but are not limited to, encouraging, advertising (including by 

internet websites, television, store displays, print advertisements, etc.), promoting, and 

instructing others to use and/or how to implement a guardianship function at a mobile terminal in 

the United States. For example, Verizon induces users of the Verizon Smart Family Service to 

use one or more claimed inventions of the ’832 Patent by instructing users how to implement a 

guardianship function at a mobile terminal, such as via the web pages above. On information 

and belief, Verizon knows or should know that such activities induce others to directly infringe 

at least claims 7-9 of the ’832 Patent.

290. On information and belief, Verizon contributes to the infringement of at least 

claims 7-9 of the ’832 Patent by others, including its customers. Acts by Verizon that contribute 

to the infringement of others include, but are not limited to, the sale, offer for sale, and/or 

importation by Verizon of mobile terminals, such as cell phones and tablets, that operate Verizon 

Smart Family Services. Such mobile terminals are especially made for or adapted for use to 

infringe at least claims 7-9 of the ’832 Patent and are at least a material part of those claims, for 

example, as described above with respect to claim 7. The Verizon Smart Family Services, 

including the functionality contributing to infringement of the ’832 Patent, are not suitable for 

substantial noninfringing use. 

291. By way of at least Huawei’s notice to Verizon on March 29, 2019 (and this 

Complaint), Verizon knows of the ’832 Patent and performs acts that it knows, or should know, 

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induce and/or contribute to the direct infringement of at least claims 7-9 of the ’832 Patent by 

third parties.

292. Verizon undertook and continues its infringing actions despite an objectively high 

likelihood that such activities infringed the ’832 Patent, which is presumed valid. For example, 

Verizon has been aware of an objectively high likelihood that its actions constituted, and 

continue to constitute, infringement of the ’832 Patent and that the ’832 Patent is valid since at 

least March 29, 2019. Verizon could not reasonably subjectively believe that its actions do not 

constitute infringement of the ’832 Patent, nor could it reasonably subjectively believe that 

the ’832 Patent is invalid. Despite that knowledge, subjective belief, and the objectively high 

likelihood that its actions constitute infringement, Verizon has continued its infringing activities. 

As such, Verizon willfully infringes the ’832 Patent.

293. Huawei has been irreparably harmed by Verizon’s infringement of the ’832 Patent

and will continue to be harmed unless and until Verizon’s infringement is enjoined by this Court.

294. By its actions, Verizon has injured Huawei and is liable to Huawei for 

infringement of the ’832 Patent pursuant to 35 U.S.C. § 271.

COUNT VII: INFRINGEMENT OF U.S. PATENT NO. 8,761,839

295. Huawei realleges and incorporates by reference paragraphs 1-294 above, as if 

fully set forth herein.

296. The U.S. Patent Office duly and properly issued the ’839 Patent, entitled “Method 

and Mobile Terminal for Processing Contacts,” on June 24, 2014. Huawei Device is the assignee 

of all right, title, and interest in and to the ’839 Patent and possesses the exclusive right of 

recovery for past, present, and future infringement. Each and every claim of the ’839 Patent is 

valid and enforceable. A true and correct copy of the ’839 Patent is attached hereto as Exhibit G. 

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297. The ’839 Patent provides novel, useful and more effective and efficient 

techniques for processing contacts in a mobile terminal, which enhance the capability of 

intelligent interaction between the mobile terminal and the user, overcoming the problems of the 

prior art and thereby improving the functioning of computer equipment. See the ’839 Patent at 

Abstract. 

298. The ’839 Patent is generally directed to a novel and inventive technical solution to 

a problem relating to computer technology, and in particular to the problem of processing 

contacts of a mobile terminal. See id. at 1:23-34. “A contact application is a program storing

specific contact information (such as names, portraits, or mobile phone numbers) of contacts 

according to a present format.” Id. at 1:29-32. “A contact application interface is an interface 

that is displayed on the touch screen of a mobile phone after the contact application receives a 

command entered by a user.” Id. at 1:32-35. At the time of the ’839 Patent, on prior art contact 

application interfaces, “contacts are displayed in name mode, and are arranged in rows simply 

according to the initial letters or the stroke numbers of names.” Id. at 1:37-40. Also, in the prior 

art, “contacts are displayed in portrait and name mode, and are arranged simply to form a 9-block 

vision, a 12-block vision, and so on.” Id. at 1:40-42. The ’839 Patent explains that “the modes 

for processing contacts by the mobile terminal in the prior art cannot reflect different contacts in 

an intuit manner, which reduces the capability of intelligent interaction between the mobile 

terminal and the user.” Id. at 1:42-46. 

299. The inventions of the ’839 Patent provide technical solutions to the problems in 

the prior art described above. The ’839 Patent describes, for example, that in accordance with 

the techniques of the ’839 Patent, the “mobile terminal sets a mapping relationship between an 

attribute value of an attribute of a contact and a display effect of a contact bubble corresponding 

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to the contact.” See, e.g., the ’839 Patent at 1:52-55. The ’839 Patent further describes that the 

“mobile terminal obtains the attribute value locally or from a network device and determines the 

display effect of the contact bubble according to the mapping relationship and the distinctive 

attribute value. The mobile terminal then displays the contact bubble on a screen of the mobile 

terminal according to the attribute value of the contact.” Id. at 1:55-60; see also Fig. 3. As the 

patent explains: “The mapping relationship between different values of distinctive attributes of 

contacts and display effects of contact icons is specifically a mapping relationship between 

contacts with distinctive attributes of different values and display effects of icons.” Id. at 3:58-

62. Thus, according to these and other solutions taught in the ’839 Patent, “different contacts 

can be displayed intuitively in a mobile terminal, which enhances the capability of intelligent 

interaction between the mobile terminal and a user.” Id. at 2:7-12. The result is a “distinctive 

display,” with enhanced contact bubbles that is “different from the display mode (contact list) of 

contacts in the prior art” that “displays contacts more intuitively on the touch screen, to enhance 

the capability of a man-machine interaction of the mobile terminal having a touch screen, and 

also improves the user experience.” See id. at 4:2-10. 

300. As further described in the ’839 Patent, for example, a “location of a contact 

bubble may also be indicated by values in the X and Y directions. First, the size of a contact 

bubble may be calculated through junction points between bubble edges and grids, and then the 

contact bubble is simulated into a square. The size of the contact bubble is also the size of the 

square. According to calculation of the square size, location information (X1, Y1) of the center 

point of the contact bubble is obtained, and the location information (X1, Y1) of the center point 

is used as the location information of the contact bubble, where X1 is the value of the center 

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point in the X direction, and Y1 is the value of the center point in the Y direction.” Id. at 11:19-

30. 

301. The ’839 Patent also teaches, for example, “matching” a touch point of a user to 

location information of a certain contact bubble: “Specifically, the matching method may be: 

calculating a distance between location information (X1, Y1) of a contact bubble and location 

information (X2, Y2) of a touch point. If the calculated result is smaller than a preset value, it is 

regarded that the matching succeeds, and a contact selection command is triggered. If the 

matching does not succeed, it is regarded that the touch point is an invalid touch point, and no 

operation command is triggered or a prompt command is triggered, where the prompt command 

is used to prompt the user that the touch point is an invalid touch point.” Id. at 11:50-60. 

302. The ’839 Patent further teaches that “when a user uses a finger to touch a contact 

on a screen, a mobile terminal may obtain an operation command of the user through a touch 

screen.” Id. at 11:64-67. The “operation track of a user” is obtained, and the selected contact 

bubble can be moved according to the operation track. Id. at 12:9-14. 

303. Specific methods are taught by the ’839 Patent to determine whether the “contact 

bubble has an overlapping area with a preset call area,” which may result in calling the contact. 

Id. 12:14-13:10. 

304. The inventions of the ’839 Patent improve computer functionality by improving 

and solving problems in a mobile terminal’s capability of intelligent interaction with a user, 

providing a “distinctive display” for a contact application interface. The inventions of the ’839 

Patent provide a computer-based solution to a computer-specific problem. The inventions of 

the ’839 Patent are improvements over the prior art and other techniques for the processing and 

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display of contacts, and the ’839 Patent enables a combination of features not present in the prior 

art and other techniques. 

305. For example, the inventions of the ’839 Patent provide for improved computer

operation by providing a solution that “is different from the display mode (contact list) of 

contacts in the prior art, and displays the contacts more intuitively on the touch screen, to 

enhance the capability of man-machine interaction of the mobile terminal having a touch screen, 

and also improves the user experience,” including a “distinctive display” in which “contacts with 

distractive attributes of different values are displayed according to the mapping relationship by 

using different display effects.” ’839 Patent at 4:2-10.

306. By way of further example, the inventions of the ’839 Patent provide for

improved computer operation by providing a solution in which “the call processing of a contact 

can be completed by only moving fingers simply, which saves the time for a user to perform call 

operations, greatly improves the capability of intelligent interaction of a mobile terminal, and 

improves the user experience of the user.” ’839 Patent at 13:66-14:4.

307. As such, the ’839 inventions thereby provide a contact application interface with a

distinctive display which allows the mobile terminal to intuitively interact with users, with an 

improved user experience, which represents a concrete improvement over prior art techniques. 

308. The claims of the ’839 Patent contain an inventive concept improve the

functioning of computers devices. Claims 1, 3, 5, 10-11, and 15-17 claim ordered combinations 

of activities of a computer device that were new, novel, innovative, and unconventional at the 

time the ’839 Patent application was filed. These ordered combinations are set forth in at least 

claims 1, 3, 5, 10-11, and 15-17 of the ’839 Patent. The ordered combinations of elements in 

claims 1, 3, 5, 10-11, and 15-17 were not well understood, routine or conventional at the time 

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the ’839 Patent application was filed. The ordered combinations of the inventions of claims 1, 3, 

5, 10-11, and 15-17 are practical, particular, non-conventional, and non-generic techniques of 

processing contacts of a mobile terminal.

309. In violation of 35 U.S.C. § 271, Verizon has directly infringed, contributed to the 

infringement of, and/or induced others to infringe at least claims 1, 3, 5, 10-11, and 15-17 of 

the ’839 Patent by, among other things, making, using, offering for sale, selling, and/or 

importing into the United States unlicensed systems, products, and/or services that infringe such 

claims of the ’839 Patent. Such unlicensed systems, products, and/or services include, by way of 

example and without limitation, Verizon’s One Talk application, which allows for conference 

call management using enhanced contact bubbles. In addition, users of Verizon’s One Talk 

application infringe at least claims 1, 3, 5, 10-11, and 15-17 of the ’839 Patent by, for example, 

using the capabilities of Verizon’s One Talk application to provide for conference call 

management using enhanced contact bubbles on a mobile terminal. See, e.g., “One Talk -

Handling multiple mobile calls: Verizon Tutorial Video,” available at

https://www.youtube.com/watch?v=pEoQm0blmCo (“Tutorial Video”).

310. With respect to at least claims 1, 3, 5, 10-11, and 15-17, Verizon’s One Talk 

application sets a mapping relationship between an attribute value of an attribute of a contact and 

a display effect of a contact bubble corresponding to the contact. See, e.g., Tutorial Video at 

0:29 (“All of your current calls are displayed as bubbles on the top of your screen”) (changing 

contact bubble for “Jim” to reflect currently active call):

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311. Verizon’s One Talk application obtains the attribute value, e.g., a value indicating 

whether the call is active, locally or from a network device.

312. Verizon’s One Talk application determines the display effect of the contact 

bubble according to the mapping relationship and the distinctive attribute value. See, e.g.,

Tutorial Video (determining whether to display a contact’s photo or a fixed icon according to 

whether that contact is currently active or on hold):

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313. Verizon’s One Talk application displays the contact bubble on a screen of the 

mobile terminal according to the attribute value of the contact. See, e.g., Tutorial Video 

(displaying the contact bubbles according to their active or on-hold status):

314. With respect to claim 3, the attribute in Verizon’s One Talk application comprises 

a contact attribute that indicates time of communication between the mobile terminal and the 

contact within a preset time. See, e.g., Tutorial Video at 0:29 (showing call time for “Jim”):

315. With respect to claim 5, the attribute in Verizon’s One Talk application comprises 

a group attribute and a contact attribute, a value of the mapping relationship is a sum of values of 

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the group attribute and the contact attribute of the contact. See, e.g., “One Talk - Using 6-way 

Conference Calling: Verizon Tutorial Video,” available at

https://www.youtube.com/watch?v=KZsxX4lfD84 at 0:31: (displaying either a contact’s photo 

or a fixed icon according to whether that contact is part of the “Conference” group and also 

reflecting whether the contact is currently active):

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316. With respect to claim 10, Verizon’s One Talk application obtains a contact 

selection command of a user of the mobile terminal, and determines at least one contact bubble; 

obtains an operation track of the user; moves the at least one contact bubble according to the 

operation track; determines that the at least one contact bubble overlaps a preset call area; and 

calls the contact represented by the at least one contact bubbles after the determination. See, e.g.,

Tutorial Video at 0:39 (“To merge calls for a group conversation, just drag a call on hold over 

your currently active call”):

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317. With respect to claim 11, Verizon’s One Talk application determines that the at 

least one contact bubble overlaps the preset call area when location information of an edge point 

of the at least one contact bubble is location information of a point within the preset call area; 

and determines that the at least one contact bubble overlaps the preset call area when a distance 

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between location information of the at least one contact bubble and location information of the 

preset call area is within a preset value, wherein the location information is physical location data 

on the screen. See, e.g., Tutorial Video at 0:39 (“To merge calls for a group conversation, just 

drag a call on hold over your currently active call”):

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318. With respect to claims 15-17, a Verizon smartphones and/or tablet running 

Verizon’s One Talk application is an electronic device comprising a screen, one or more 

processors, memory coupled to the one or more processors, wherein the processors are 

configured to perform the operations recited in paragraphs 310 through 317 above. 

319. As such, on information and belief, Verizon has directly infringed at least claims 

1, 3, 5, 10-11, and 15-17 of the ’839 Patent by at least, for example, performing testing of 

Verizon’s One Talk application in the United States, in violation of 35 U.S.C. § 271(a).

320. On information and belief, Verizon has infringed at least claims 1, 3, 5, 10-11, 

and 15-17 of the ’839 Patent by inducing others, including users of Verizon’s One Talk 

application that it sells and/or offers, to infringe at least claims 1, 3, 5, 10-11, and 15-17 of 

the ’839 Patent in violation of 35 U.S.C. § 271(b).

321. On information and belief, Verizon takes active steps to induce infringement of at 

least claims 1, 3, 5, 10-11, and 15-17 of the ’839 Patent by others, including its customers, and 

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Verizon takes such active steps knowing that those steps will induce, encourage and facilitate 

direct infringement by others. Such active steps include, but are not limited to, encouraging, 

advertising (including by internet websites, television, store displays, print advertisements, etc.), 

promoting, and instructing others to use and/or how to engage in conference call management 

using enhanced contact bubbles on a mobile terminal in the United States. For example, 

Verizon induces users of Verizon’s One Talk application to use one or more claimed inventions 

of the ’839 Patent by instructing users how to engage in conference call management using 

enhanced contact bubbles on a mobile terminal. See, e.g., Tutorial Video. On information and 

belief, Verizon knows or should know that such activities induce others to directly infringe at 

least claims 1, 3, 5, 10-11, and 15-17 of the ’839 Patent.

322. On information and belief, Verizon contributes to the infringement of at least 

claims 1, 3, 5, 10-11, and 15-17 of the ’839 Patent by others, including its customers. Acts by 

Verizon that contribute to the infringement of others include, but are not limited to, the sale, 

offer for sale, and/or importation by Verizon of mobile terminals, such as cell phones and tablets, 

that operate Verizon’s One Talk application. Such mobile terminals are especially made for or 

adapted for use to infringe at least claims 1, 3, 5, 10-11, and 15-17 of the ’839 Patent and are at 

least a material part of those claims, for example, as described above with respect to claim 7. 

Verizon’s One Talk application, including the functionality contributing to infringement of 

the ’839 Patent, is not suitable for substantial noninfringing use. 

323. By way of at least this Complaint, Verizon knows of the ’839 Patent and performs 

acts that it knows, or should know, induce the direct infringement of at least claims 1, 3, 5, 10-

11, and 15-17 of the ’839 Patent by third parties.

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324. Verizon undertook and continues its infringing actions despite an objectively high

likelihood that such activities infringed the ’839 Patent, which is presumed valid. For example, 

Verizon has been aware of an objectively high likelihood that its actions constituted, and 

continue to constitute, infringement of the ’839 Patent and that the ’839 Patent is valid since at 

least the filing of this action. Verizon could not reasonably subjectively believe that its actions 

do not constitute infringement of the ’839 Patent, nor could it reasonably subjectively believe 

that the ’839 Patent is invalid. Despite that knowledge, subjective belief, and the objectively 

high likelihood that its actions constitute infringement, Verizon has continued its infringing

activities. As such, Verizon willfully infringes the ’839 Patent.

325. Huawei has been irreparably harmed by Verizon’s infringement of the ’839 Patent

and will continue to be harmed unless and until Verizon’s infringement is enjoined by this Court.

326. By its actions, Verizon has injured Huawei and is liable to Huawei for

infringement of the ’839 Patent pursuant to 35 U.S.C. § 271.

DEMAND FOR JURY TRIAL

327. Huawei hereby demands trial by jury on all claims and issues so triable.

PRAYER FOR RELIEF

328. Wherefore, Huawei respectfully requests that this Court enter judgment against

Verizon for the Asserted Patents as follows:

A. Finding that each of the Asserted Patents has been infringed by Verizon;

B. Finding that Verizon’s infringement of the Asserted Patents has been willful;

C. Awarding damages adequate to compensate Huawei for the patent infringement

that has occurred, in accordance with 35 U.S.C. § 284, including an assessment of

pre-judgment and post-judgment interest and costs, and an accounting as

appropriate for infringing activity not captured within any applicable jury verdict;

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D. Awarding Huawei an ongoing royalty for Verizon’s post-verdict infringement,

payable on each product or service offered by Verizon that is found to infringe

one or more of the Asserted Patents, and on all future products and services that

are not colorably different from those found to infringe, or – in the alternative if

Verizon refuses the ongoing royalty – permanently enjoining Verizon from

further infringement;

E. Providing an award of all other damages permitted by 35 U.S.C. § 284, including

increased damages up to three times the amount of compensatory damages found;

F. Finding that this is an exceptional case and an award to Huawei of its costs,

expenses, and reasonable attorneys’ fees incurred in this action as provided by 35

U.S.C. § 285; and

G. Providing such other relief, including other monetary and equitable relief, as this

Court deems just and proper.

Dated: February 5, 2020 Respectfully submitted,

By: /s/ Thomas H. Reger II

Ruffin B. Cordell (pro hac vice to be filed) 

cordell@fr.com 

FISH & RICHARDSON P.C. 

100 Maine Avenue, S.W. 

Washington, D.C. 20024 

Telephone: (202) 783-5070 

Facsimile: (202) 783-2331 

David Barkan (pro hac vice to be filed) 

California Bar No. 160825 

barkan@fr.com 

FISH & RICHARDSON P.C. 

500 Arguello Street, Suite 500 Redwood 

City, CA 94063 

Telephone: (650) 839-5070 

Facsimile: (650) 839-5071 

Case 6:20-cv-00090-ADA Document 1 Filed 02/05/20 Page 172 of 173
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Thomas H. Reger II 

Texas Bar No. 24032992 

reger@fr.com 

FISH & RICHARDSON P.C. 

1717 Main Street, Suite 5000 

Dallas, TX 75201 

Telephone: (214) 747-5070 

Facsimile: (214) 747-2091 

Brian G. Strand 

Texas Bar No. 24081166 

strand@fr.com 

FISH & RICHARDSON P.C. 

1221 McKinney Street, Suite 2800 

Houston, TX 77010 

Telephone: (713) 654-5300 

Facsimile: (713) 652-0109 

John P. Palmer 

Texas Bar No. 15430600 

palmer@namanhowell.com 

NAMAN, HOWELL, SMITH & LEE, 

PLLC 

400 Austin Ave., Suite 800 

P.O. Box 1470 

Waco, Texas 76703 

Phone: (254) 755-4100 

Fax: (254) 754-6331 

COUNSEL FOR PLAINTIFFS HUAWEI

TECHNOLOGIES CO., LTD.,

HUAWEI DEVICE CO., LTD., AND

HUAWEI DIGITAL TECHNOLOGIES 

(CHENGDU) CO., LTD

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