IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

FAR NORTH PATENTS, LLC,

Plaintiff,

v.

ZTE CORPORATION and ZTE (TX) INC.,

Defendants.

CIVIL ACTION NO. 6:20-CV-222

ORIGINAL COMPLAINT FOR 

PATENT INFRINGEMENT

JURY TRIAL DEMANDED

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Far North Patents, LLC (“Far North Patents” or “Plaintiff”) files this original

complaint against Defendants ZTE Corporation and ZTE (TX), Inc. (“ZTE” or “Defendants”),

alleging, based on its own knowledge as to itself and its own actions and based on information 

and belief as to all other matters, as follows: 

PARTIES

1. Far North Patents is a limited liability company formed under the laws of the 

State of Texas, with its principal place of business at 18383 Preston Rd Suite 250, Dallas, Texas, 

75252.

2. Defendant ZTE Corporation is a company organized under the laws of China. 

ZTE Corporation has an office at ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, Nanshan 

District, Shenzhen, Guangdong Province, People’s Republic of China 518057.

3. Defendant ZTE (TX), Inc. is a company organized and existing under the laws of 

the state of Texas. ZTE (TX), Inc. may be served with process through its registered agent, 

Incorp Services, Inc., at 815 Brazos Street Suite 500, Austin, TX 78701.

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4. The Defendants identified in paragraphs 2-3 above (collectively, “ZTE”) are 

companies which together comprise one of the world’s largest manufacturers of communications 

equipment.

5. The ZTE defendants named above are part of the same corporate structure and 

distribution chain for the making, importing, offering to sell, selling, and/or using of the accused 

devices in the United States, including in the State of Texas generally and this judicial district in 

particular.

6. The ZTE defendants named above share the same management, common 

ownership, advertising platforms, facilities, distribution chains and platforms, and accused 

product lines and products involving related technologies.

7. Thus, the ZTE defendants named above operate as a unitary business venture and 

are jointly and severally liable for the acts of patent infringement alleged herein.

JURISDICTION AND VENUE

8. This is an action for infringement of United States patents arising under 35 U.S.C. 

§§ 271, 281, and 284–85, among others. This Court has subject matter jurisdiction of the action 

under 28 U.S.C. § 1331 and § 1338(a).

9. This Court has personal jurisdiction over ZTE pursuant to due process and/or the 

Texas Long Arm Statute because, inter alia, (i) ZTE has done and continues to do business in 

Texas; (ii) ZTE has committed and continues to commit acts of patent infringement in the State 

of Texas, including making, using, offering to sell, and/or selling accused products in Texas, 

and/or importing accused products into Texas, including by Internet sales and sales via retail and 

wholesale stores, inducing others to commit acts of patent infringement in Texas, and/or 

committing a least a portion of any other infringements alleged herein; and (iii) ZTE (TX), Inc. is 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 2 of 139
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registered to do business in Texas. In the alternative, Defendant ZTE Corporation is subject to 

this Court’s specific personal jurisdiction consistent with the principles of due process and the 

Federal Long-Arm Statute of Fed. R. Civ. P. 4(k)(2) because: (1) it has substantial contacts with

the United States and committed and/or induced acts of patent infringement in the United States; 

and (2) it is not subject to jurisdiction in any state’s courts of general jurisdiction.

10. Venue is proper as to Defendant ZTE (TX), Inc., which resides in this district 

pursuant to 28 U.S.C. § 1391(d) because it is incorporated in Texas and because its registered 

agent is in the district.

11. Venue is proper as to Defendant ZTE Corporation, which is organized under the 

laws of China. 28 U.S.C. § 1391(c)(3) provides that “a defendant not resident in the United 

States may be sued in any judicial district, and the joinder of such a defendant shall be 

disregarded in determining where the action may be brought with respect to other defendants.”

BACKGROUND

12. The patents-in-suit generally pertain to communications networks and other 

technology used in the provision of wireless services, Voice over Internet Protocol (“VoIP”) 

phone systems, high speed networking, and other advanced communication services. The 

technology disclosed by the patents was developed by personnel at Path1 Network Technologies 

Inc. (“Path1 Network Technologies”).

13. Path1 Network Technologies is a provider of video over IP services and solutions. 

The patents developed at Path1 Network Technologies (“the Fellman patents”) relate to 

providing service guarantees for time sensitive signals in computer networks. The inventors of 

these patents include Dr. Ronald D. Fellman and Dr. Rene L. Cruz. Drs. Fellman and Cruz, both 

former professors of electrical and computer engineering at the University of California at San 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 3 of 139
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Diego, were pioneers in network technology. Dr. Fellman was an IEEE Senior Member, and his 

work was published in several IEEE Transactions journals, including IEEE Transactions on 

Networking, IEEE Transactions on Parallel and Distributed Systems, IEEE Transactions on 

Systems, Man, and Cybernetics, IEEE Transactions on Signal Processing, IEEE Transactions on 

Very Large Scale Integration (VLSI) Systems, IEEE Transactions on Acoustics, Speech and 

Signal Processing. He was also a co-founder of Path1 Network Technologies and of Qvidium 

Technologies. Dr. Cruz, a distinguished scholar in the field of communication networks, was 

said to have established the field of Network Calculus. In Dr. Cruz’s election to be a Fellow of 

the IEEE in 2003, he was “cited for his expertise in the area of Quality-of-Service guarantees in 

packet-switched networks.” 

http://jacobsschool.ucsd.edu/news/news_releases/release.sfe?id=1385. 

14. The Fellman patents (or the applications leading to them) have been cited during 

patent prosecution hundreds of times, by numerous leading companies in the computer 

networking and telecommunications industries, including ABB Research, Alcatel, AMD, 

Amazon, AT&T, Atheros Communications, Avaya, Bose, Broadcom, Canon, Centurylink, Chi 

Mei Optoelectronics, Ciena, Cox Communications, Dell, Ericsson, F5 Networks, Fujitsu,

General Electric, Hitachi, Honeywell, Intel, IBM, Lucent, Lutron, Microsoft, National 

Instruments, National Semiconductor, NEC, Nortel Networks, Oceaneering, Path1, Phillips,

Qualcomm, Robert Bosch, Rockwell Automation, Samsung, Siemens, Sonos, Sony, Symantec, 

Texas Instruments, Toshiba, Ubiquiti Networks, Verizon, and Viasat.

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 4 of 139
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COUNT I

DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,306,053

15. On November 6, 2012, United States Patent No. 8,306,053 (“the ‘053 Patent”) 

was duly and legally issued by the United States Patent and Trademark Office for an invention 

entitled “Methods and Apparatus for Providing Quality-of-Service Guarantees in Computer 

Networks.”

16. Far North Patents is the owner of the ‘053 Patent, with all substantive rights in 

and to that patent, including the sole and exclusive right to prosecute this action and enforce the 

‘053 Patent against infringers, and to collect damages for all relevant times.

17. ZTE made, had made, used, imported, provided, supplied, distributed, sold, and/or 

offered for sale products and/or systems including, for example, its ZTE ZXR10 5950-L Series 

Switch and ZTE ZXR10 5960-4M Switch families of products that include advanced quality of 

service capabilities (collectively, “accused products”).

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

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(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 6 of 139
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(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 7 of 139
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(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 8 of 139
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(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

18. By doing so, ZTE has directly infringed (literally and/or under the doctrine of 

equivalents) at least Claims 1 and 14 of the ‘053 Patent. ZTE’s infringement in this regard is 

ongoing.

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 9 of 139
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19. ZTE has infringed the ‘053 Patent by making, having made, using, importing, 

providing, supplying, distributing, selling or offering for sale products including a device adapter 

comprising a transmission unit configured to transmit data from a real time device via a network 

according to a time frame, wherein the time frame is substantially synchronized in the device 

adapter and at least one other device adapter, the time frame repeating periodically and including 

a plurality of assigned time phases and a free access phase. For example, the accused products 

are configured to be used to implement the IEEE 802.1Q standard. IEEE standard 802.1Q 

implements a method in which a time aware bridged LAN transmits data from one end point i.e., 

Precision Time Protocol (“PTP”) instance to another. The endpoints transmit data that is a mix 

of time-critical traffic and other traffic, (i.e., real time data and non-real time data) via PTP 

instances such as bridges (device adapters). The end point can be either a real time device or a 

non-real time device. The bridged network uses 802.1AS base time to synchronize all the clocks 

of ports associated with bridges (device adapters). Using the Best Master Clock Algorithm, the 

synchronization time signal is transmitted from a grandmaster to other ports. IEEE Std. 

802.1ASTM-2011 is normative and essential to implement an IEEE Std. 802.1Q Compliant 

System. IEEE Std. 802.1Q-2018 defines parameters, such as AdminBaseTime and 

OpenBaseTime, which are used to synchronize the clocks across the network. The bridges 

containing ports schedule the transmission of traffic based on the synchronized time. Each port 

associated with a specific set of transmission queues includes a plurality of transmission gates. A 

transmission gate can be in a closed state or open state. The functionality of assigned time phases 

is achieved using open gates transmitting data packets during transmission time. The 

functionality of a free access phase is achieved when the gates are opened for transmission 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 10 of 139
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during any time. IEEE Std. 802.1Q-2018 supports cyclic queuing and forwarding structures to 

create synchronized frames and gates which repeat periodically (Annex T).

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 11 of 139
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(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 12 of 139
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(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 13 of 139
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(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://avnu.org/wp-content/uploads/2014/05/as-kbstanton-8021AS-tutorial-0714-

v01.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 14 of 139
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(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 15 of 139
16

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 16 of 139
17

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 17 of 139
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(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015)).

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 18 of 139
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(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

20. The accused products include a device adapter that is configured to transmit data 

during at least one of an assigned time phase associated with the device adapter prior to 

transmission of data from the real-time device by the device adapter, and included in the plurality 

of assigned time phases, or the free access phase, to refrain from transmitting data during time 

phases of the plurality of assigned time phases that are not associated with the device adapter, 

and to be able to determine whether to defer transmission of data during the assigned time phase

associated with the device adapter and the free access phase to allow a non-real time device to 

transmit data. For example, the accused products are configured to be used to implement the 

IEEE 802.1Q standard. IEEE standard 802.1Q shows that scheduling of ports’ transmission 

gates for transmission of data starts prior to the transmission of real-time data. The functionality 

of assigned time phases is achieved using open gates transmitting data packets during scheduled 

transmission time. Per Clause 8.6.8 of the IEEE Std. 802.1Q, each time phase is assigned to a 

specific device adapter prior to transmission of real-time data by the specific device adapter. 

Furthermore, IEEE 802.1Q performs traffic shaping through Per-Stream Filtering and Policing 

(PSTP). IEEE standard 802.1Q implements a method in which open gates transmit data packets 

during transmission time and closed gates refrain data packets from transmission. The 

functionality of assigned time phases is achieved using open gates transmitting data packets 

during transmission time. The functionality of free access phase is achieved by the gates that are 

opened for transmission during any time. IEEE Std. 802.1Q supports Forwarding and Queuing 

Enhancements for Time Sensitive Streams. Thus, one of the plurality of device adaptors is 

configured to transmit data during at least one of a respective assigned time phase or free access 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 19 of 139
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phase, to refrain from transmitting data during time phases not assigned to the respective one of 

the plurality of device adapters. IEEE Std. 802.1Q provides traffic shaping for various classes of 

data transmission and determining whether to defer transmission of data during at least one of 

the assigned time phase or the free access phase to allow a non-real time device to transmit data.

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 20 of 139
21

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 21 of 139
22

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 22 of 139
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(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

21. ZTE has infringed the ‘053 Patent by using the accused products and thereby 

practicing a method that includes transmitting a synchronization signal at regular intervals to 

synchronize local clocks of each of a plurality of device adapters. For example, the accused 

products are used by ZTE to implement the IEEE 802.1Q standard. IEEE standard 802.1Q 

implements a method in which a time aware bridged LAN use 802.1AS base time to synchronize 

all the clocks of ports associated with bridges (device adapters) by periodically (regular 

intervals) sending the Announce messages. Using Best Master Clock Algorithm, the 

synchronization time signal is transmitted from a grandmaster to other ports via periodic 

Announce messages. IEEE Std. 802.1ASTM-2011 is normative and essential to implement an 

IEEE Std. 802.1Q Compliant System. IEEE Std. 802.1Q-2018 defines parameters, such as 

AdminBaseTime and OpenBaseTime, which are used to synchronize the clocks across the 

network.

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 23 of 139
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(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 24 of 139
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(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 25 of 139
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(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://avnu.org/wp-content/uploads/2014/05/as-kbstanton-8021AS-tutorial-0714-

v01.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 26 of 139
27

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 27 of 139
28

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

22. The methods practiced by ZTE’s use of the accused products include maintaining 

a substantially synchronized time frame among the plurality of device adapters interconnected by 

a network, the time frame repeating periodically and including a plurality of assigned time 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 28 of 139
29

phases and a free access phase. For example, the accused products are used by ZTE to 

implement the IEEE 802.1Q standard. The time aware bridged LAN uses 802.1AS base time to 

maintain synchronized time for all the ports in the bridges (device adapters). The bridges 

containing ports schedule the transmission of traffic based on the synchronized time. Each port 

associated with a specific set of transmission queues includes a plurality of transmission gates. A 

transmission gate can be in a closed state or open state. The functionality of assigned time phases 

is achieved using open gates transmitting data packets during transmission time. The 

functionality of free access phase is achieved when the gates are opened for transmission during 

any time. IEEE Std. 802.1Q-2018 supports cyclic queuing and forwarding structures to create 

synchronized frames and gates which repeat periodically (Annex T).

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 29 of 139
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(Source: https://avnu.org/wp-content/uploads/2014/05/as-kbstanton-8021AS-tutorial-0714-

v01.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 30 of 139
31

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 31 of 139
32

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 32 of 139
33

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

23. The methods practiced by ZTE’s use of the accused products include assigning 

each time phase to a specific device adapter prior to transmission of real-time data by the specific 

device adapter. For example, the accused products are used by ZTE to implement the IEEE 

802.1Q standard. IEEE standard 802.1Q shows that scheduling (assigning) of transmission gates 

starts prior to the transmission of real-time data. Per clause 8.6.8 of the IEEE Std. 802.1Q, each 

time phase is assigned to a specific device adapter prior to transmission of real-time data by the 

specific device adapter. IEEE 802.1Q performs traffic shaping through Per-Stream Filtering and 

Policing (PSTP).

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 33 of 139
34

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 34 of 139
35

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

24. The plurality of device adaptors recited above in connection with ZTE’s use of 

the accused products includes a respective one of the plurality of device adapters that is 

configured to transmit data during at least one of a respective assigned time phase or the free 

access phase, to refrain from transmitting data during time phases not assigned to the respective 

one of the plurality of device adapters, and to determine whether to defer transmission of data 

during at least one of the assigned time phase or the free access phase to allow a non-real time 

device to transmit data. For example, the accused products are used by ZTE to implement the 

IEEE 802.1Q standard. IEEE standard 802.1Q implements a method in which open gates 

transmit data packets during transmission time and closed gates refrain data packets from 

transmission. The functionality of assigned time phases is achieved using open gates transmitting 

data packets during transmission time. The functionality of free access phase is achieved by the 

gates that are opened for transmission during any time. IEEE Std. 802.1Q supports Forwarding 

and Queuing Enhancements for Time Sensitive Streams. Thus, one of the plurality of device

adaptors is configured to transmit data during at least one of a respective assigned time phase or 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 35 of 139
36

free access phase, to refrain from transmitting data during time phases not assigned to the 

respective one of the plurality of device adapters. IEEE Std. 802.1Q provides traffic shaping for 

various classes of data transmission and determining whether to defer transmission of data 

during at least one of the assigned time phase or the free access phase to allow a non-real time 

device to transmit data.

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 36 of 139
37

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

25. ZTE has had knowledge of the ‘053 Patent at least as of the date when it was 

notified of the filing of this action.

26. Corporations like ZTE rely upon and use patent classifications as a way to learn 

and research technological information and as a way to assist them in planning development and 

allocating funding. See, e.g., Ronald E. Myrick et al., The Technological Innovation Process: 

Patent Documentation as a Source of Technological Information, 9 SANTA CLARA COMPUTER &

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 37 of 139
38

HIGH TECH. L.J. 355, 361-62, 371 (1993) (“Patent documents are inherently valuable to scientists 

and engineers because of the technical information they contain... Fortunately, patent documents 

are catalogued in a manner that is designed to facilitate their easy access. Ease of accessibility is 

due in part to the classification of documents within the given patent system[.] ... Patents are a 

well-indexed and well-classified source of technological information. They can therefore be 

beneficially used by individual researchers, corporations, research and development 

organizations, universities, governments, and others, to learn the technology revealed therein. 

Patent documentation can also be a useful tool for planning development, allocating funding, and 

producing statistical information.”); Larayne Dallas, Why is Classification So Important?, 

University of Texas Libraries Guide: Patents, Trademarks, and Copyright, available at 

https://guides.lib.utexas.edu/c.php?g=532337&p=3642252 (“While it is possible to search 

patents using keywords, patent professionals recommend that the best way to conduct a 

comprehensive patent search is by classification. Classification helps bring together similar 

devices and concepts, even when different terms have been used to describe them.”).

27. The U.S. Original Classification of the ‘053 Patent is 370/462, entitled 

“Arbitration for Access to a Channel” and under the categories of Multiplex Communications

and Channel Assignment Techniques. One of the U.S. Cross-Reference Classifications of the 

‘053 Patent is 370/395.4, entitled “Assigning Period of Time for Information to be Transmitted 

(e.g., Scheduling)” and under the categories and sub-categories of Multiplex Communications, 

Pathfinding or Routing, Switching a Message Which Includes an Address Header (e.g. packet 

switching), and Message Transmitted Using Fixed Length Packets (e.g., ATM cells). 370/462

and 370/395.4 are small classes, with only 170 U.S. patents and 221 U.S. patents, respectively, 

issued since 2013.

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 38 of 139
39

28. ZTE is one of the most prolific patentees in the world for these classes. Indeed, 

ZTE is the assignee on 3 of those 170 U.S. patents in 370/462, and 6 of the 221 U.S. patents in 

370/395.4, representing nearly 2% of the U.S. patents in 370/462 and nearly 3% of the U.S. 

patents in 370/395.4 issued since 2013.

29. Due to ZTE’s prolific patenting and its widespread practicing of technology 

related to the ‘053 Patent’s U.S. Original Classification and one of its U.S. Cross-Reference 

Classifications, ZTE has knowledge of the ‘053 Patent.

30. Far North Patents has been damaged as a result of the infringing conduct by ZTE

alleged above. Thus, ZTE is liable to Far North Patents in an amount that adequately 

compensates it for such infringements, which, by law, cannot be less than a reasonable royalty, 

together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

31. Far North Patents and/or its predecessors-in-interest have satisfied all statutory 

obligations required to collect pre-filing damages for the full period allowed by law for 

infringement of the ‘053 Patent.

COUNT II

DIRECT INFRINGEMENT OF U.S. PATENT NO. 6,246,702

32. On June 12, 2001, United States Patent No. 6,246,702 (“the ‘702 Patent”) was 

duly and legally issued by the United States Patent and Trademark Office for an invention 

entitled “Methods and Apparatus for Providing Quality-of-Service Guarantees in Computer 

Networks.”

33. Far North Patents is the owner of the ‘702 Patent, with all substantive rights in 

and to that patent, including the sole and exclusive right to prosecute this action and enforce the 

‘702 Patent against infringers, and to collect damages for all relevant times.

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 39 of 139
40

34. ZTE made, had made, used, imported, provided, supplied, distributed, sold, and/or 

offered for sale products and/or systems including, for example, its ZTE ZXR10 5950-L Series 

Switch and ZTE ZXR10 5960-4M Switch families of products that include advanced quality of 

service capabilities (collectively, “accused products”).

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 40 of 139
41

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 41 of 139
42

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 42 of 139
43

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 43 of 139
44

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

35. By doing so, ZTE has directly infringed (literally and/or under the doctrine of 

equivalents) at least Claim 27 of the ‘702 Patent.

36. ZTE has infringed the ‘702 Patent by using the accused products and thereby 

practicing a method for regulating traffic in an Ethernet network including real-time devices, 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 44 of 139
45

non-real-time devices, a network medium, and a plurality of device adapters connected between 

the devices and the network medium, each of the device adapters including a clock. For 

example, the accused products are used by ZTE to implement the IEEE 802.1Q standard. IEEE 

standard 802.1Q (Qbv) implements a method for scheduling traffic in time aware Local Area 

Network (Ethernet network). The time aware network includes multiple end points (devices) and 

bridges that includes ports (device adapters). The endpoint and bridges are connected via 

interconnects (network medium). Also, each time aware bridge including port is a boundary 

clock. The endpoints transmit data that is a mix of time-critical traffic and other traffic, i.e., real 

time data and non-real time data. The end point is either a real time device or a non-real time 

device. IEEE Std. 802.1ASTM is normative and essential to implement an IEEE Std. 802.1Q 

Compliant System.

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 45 of 139
46

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 46 of 139
47

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 47 of 139
48

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

37. The methods practiced by ZTE’s use of the accused products include defining a 

common time reference for the device adapters, said common time reference including a frame 

of time having a plurality of time phases, each of device adapters being uniquely assigned to one 

of said plurality of time phases, said plurality of time phases including a free-access phase. For 

example, the accused products are used by ZTE to implement the IEEE 802.1Q standard. The 

time aware bridged LAN use 802.1AS base time to maintain synchronized time (common time 

reference) for all the ports in the bridges (device adapters). The bridges containing ports schedule 

the transmission of traffic based on the synchronized time. Each port associated with a specific 

set of transmission queues includes a plurality of transmission gates. A transmission gate can be 

in a closed state or open state. The functionality of assigned time phases is achieved using open 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 48 of 139
49

gates transmitting data packets during transmission time. The functionality of free access phase 

is achieved when the gates are opened for transmission during any time.

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 49 of 139
50

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 50 of 139
51

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 51 of 139
52

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

38. The methods practiced by ZTE’s use of the accused products include allowing a 

device adapter to transmit packets during said time phase uniquely assigned thereto and during 

said free-access phase. For example, the accused products are used by ZTE to implement the 

IEEE 802.1Q standard. The open gates assigned to the transmission queue of a port (device 

adapter) transmit the data packets during the transmission time. The transmission selection 

algorithm determines the transmission time. If the gates are in permanent open state, the data 

packets are transmitted from the gates during any time. The functionality of assigned time phases 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 52 of 139
53

is achieved using open gates transmitting data packets during transmission time. The 

functionality of free access phase is achieved when the gates are permanently opened for 

transmission during any time.

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

39. The methods practiced by ZTE’s use of the accused products include designating 

one of said device adapters as a master timing device. For example, the accused products are 

used by ZTE to implement the IEEE 802.1Q standard. The ports of the time aware bridge 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 53 of 139
54

(device adapter) uses best master clock algorithm (BMCA) to determine a potential grandmaster 

port (master timing device).

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 54 of 139
55

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

40. The methods practiced by ZTE’s use of the accused products include

synchronizing the clocks of the remaining device adapters with said master timing device. For 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 55 of 139
56

example, the accused products are used by ZTE to implement the IEEE 802.1Q standard. The 

boundary clocks of the slave ports in the time aware bridges (remaining device adapters) are 

synchronized with the grandmaster boundary clock (master timing device).

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 56 of 139
57

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

41. Corporations like ZTE rely upon and use patent classifications as a way to learn 

and research technological information and as a way to assist them in planning development and 

allocating funding. See, e.g., Ronald E. Myrick et al., The Technological Innovation Process: 

Patent Documentation as a Source of Technological Information, 9 SANTA CLARA COMPUTER &

HIGH TECH. L.J. 355, 361-62, 371 (1993) (“Patent documents are inherently valuable to scientists 

and engineers because of the technical information they contain... Fortunately, patent documents 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 57 of 139
58

are catalogued in a manner that is designed to facilitate their easy access. Ease of accessibility is 

due in part to the classification of documents within the given patent system[.] ... Patents are a 

well-indexed and well-classified source of technological information. They can therefore be 

beneficially used by individual researchers, corporations, research and development 

organizations, universities, governments, and others, to learn the technology revealed therein. 

Patent documentation can also be a useful tool for planning development, allocating funding, and 

producing statistical information.”); Larayne Dallas, Why is Classification So Important?, 

University of Texas Libraries Guide: Patents, Trademarks, and Copyright, available at 

https://guides.lib.utexas.edu/c.php?g=532337&p=3642252 (“While it is possible to search 

patents using keywords, patent professionals recommend that the best way to conduct a 

comprehensive patent search is by classification. Classification helps bring together similar 

devices and concepts, even when different terms have been used to describe them.”).

42. The U.S. Original Classification of the ‘702 Patent is 370/503, entitled 

“Synchronizing” and under the categories and sub-categories of: Multiplex Communications, 

Communication Techniques for Information Carried in Plural Channels, and Combining or 

Distributing Information via Time Channels. The International Original Classification of the 

‘702 Patent is H04J 3/06, entitled “Synchronizing Arrangements” and under the categories and 

sub-categories of: Electricity, Electric Communication Technique, Multiplex Communication, 

Time-division multiplex systems, and Details. 370/503 is a small class, with only 615 U.S. 

patents issued since 2013. H04J 3/06 is likewise a small class, with only 2,328 U.S. patents 

issued since 2013. 

43. ZTE is one of the most prolific patentees in the world for these classes. Indeed, 

ZTE is the assignee on 15 of the 615 U.S. patents in 370/503, and 39 of the 2,328 U.S. patents in 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 58 of 139
59

H04J 3/06, representing nearly 2.5% of the U.S. patents in 370/503 and over 1.5% of the U.S. 

patents in H04J 3/06 since 2013. 

44. Due to ZTE’s prolific patenting and its widespread practicing of technology 

related to the ‘702 Patent’s U.S. Original Classification and its International Original 

Classification, ZTE has knowledge of the ‘702 Patent.

45. Far North Patents has been damaged as a result of the infringing conduct by ZTE

alleged above. Thus, ZTE is liable to Far North Patents in an amount that adequately 

compensates it for such infringements, which, by law, cannot be less than a reasonable royalty, 

together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

46. Far North Patents and/or its predecessors-in-interest have satisfied all statutory 

obligations required to collect pre-filing damages for the full period allowed by law for 

infringement of the ‘702 Patent.

COUNT III

DIRECT INFRINGEMENT OF U.S. PATENT NO. 6,215,797

47. On April 10, 2001, United States Patent No. 6,215,797 (“the ‘797 Patent”) was 

duly and legally issued by the United States Patent and Trademark Office for an invention 

entitled “Methods and Apparatus for Providing Quality of Service Guarantees in Computer 

Networks.”

48. Far North Patents is the owner of the ‘797 Patent, with all substantive rights in 

and to that patent, including the sole and exclusive right to prosecute this action and enforce the 

‘797 Patent against infringers, and to collect damages for all relevant times.

49. ZTE made, had made, used, imported, provided, supplied, distributed, sold, and/or 

offered for sale products and/or systems including, for example, its ZTE ZXR10 5950-L Series 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 59 of 139
60

Switch and ZTE ZXR10 5960-4M Switch families of products families of products that include 

advanced quality of service capabilities (collectively, “accused products”).

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 60 of 139
61

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 61 of 139
62

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 62 of 139
63

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 63 of 139
64

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

50. By doing so, ZTE has directly infringed (literally and/or under the doctrine of 

equivalents) at least Claim 30 of the ‘797 Patent.

51. ZTE has infringed the ‘797 Patent by using the accused products and thereby 

practicing a method for regulating traffic in a network including devices for generating packets 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 64 of 139
65

of data, a network medium for carrying the packets, and a plurality of device adapters connected 

between the devices and the network medium. For example, the accused products are used by 

ZTE to implement the IEEE 802.1Q standard. IEEE standard 802.1Q (Qbv) implements a 

method for scheduling traffic in time aware Local Area Network. The time aware network 

includes multiple end points that transmit data packets and bridges that includes ports (device 

adapters). The interconnects (network medium) carry the transmitted data packets. The endpoints 

and bridges are connected via interconnects.

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 65 of 139
66

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 66 of 139
67

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 67 of 139
68

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

52. The methods practiced by ZTE’s use of the accused products include defining a 

common time reference for the device adapters, said common time reference including a frame 

of time having a plurality of time phases, each device adapter being uniquely assigned to one of 

said plurality of time phases, said plurality of time phases including a free-access phase. For 

example, the accused products are used by ZTE to implement the IEEE 802.1Q standard. The 

time aware bridged LAN uses 802.1AS base time to maintain synchronized time (common time 

reference) for all the ports in the bridges (device adapters). The bridges containing ports are 

scheduled for transmission of traffic based on the synchronized time. Each port associated with a 

specific set of transmission queues includes a plurality of transmission gates. A transmission gate 

can be in a closed state or open state. The functionality of assigned time phases is achieved using 

open gates transmitting data packets during transmission time. The functionality of free access 

phase is achieved when the gates are opened for transmission during any time. IEEE Std. 

802.1ASTM-2011 is normative and essential to implement an IEEE Std. 802.1Q Compliant 

System.

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 68 of 139
69

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 69 of 139
70

(Source: IEEE Standard for Local and metropolitan area networks - Timing and Synchronization 

for Time - Sensitive Applications in Bridged Local Area Networks - IEEE Std 802.1ASTM-2011)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 70 of 139
71

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 71 of 139
72

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

53. The methods practiced by ZTE’s use of the accused products include allowing a 

device adapter to transmit packets during said time phase uniquely assigned thereto and during 

said free-access phase. For example, the accused products are used by ZTE to implement the 

IEEE 802.1Q standard. The open gates assigned to the transmission queue of a port (device 

adapter) transmit the data packets during the transmission time. The transmission selection 

algorithm determines the transmission time. If the gates are in permanent open state, the data 

packets are transmitted from the gates during any time. The functionality of assigned time phases 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 72 of 139
73

is achieved using open gates transmitting data packets during transmission time. The 

functionality of free access phase is achieved when the gates are permanently opened for 

transmission during any time.

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 73 of 139
74

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

54. The methods practiced by ZTE’s use of the accused products include cyclically 

repeating said frame. For example, the accused products are used by ZTE to implement the 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 74 of 139
75

IEEE 802.1Q standard. IEEE Std. 802.1Q-2018 supports cyclic queuing and forwarding 

structures to create synchronized frames and gates that are repeated periodically (Annex T).

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 75 of 139
76

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

55. Corporations like ZTE rely upon and use patent classifications as a way to learn 

and research technological information and as a way to assist them in planning development and 

allocating funding. See, e.g., Ronald E. Myrick et al., The Technological Innovation Process: 

Patent Documentation as a Source of Technological Information, 9 SANTA CLARA COMPUTER &

HIGH TECH. L.J. 355, 361-62, 371 (1993) (“Patent documents are inherently valuable to scientists 

and engineers because of the technical information they contain... Fortunately, patent documents 

are catalogued in a manner that is designed to facilitate their easy access. Ease of accessibility is 

due in part to the classification of documents within the given patent system[.] ... Patents are a 

well-indexed and well-classified source of technological information. They can therefore be 

beneficially used by individual researchers, corporations, research and development 

organizations, universities, governments, and others, to learn the technology revealed therein. 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 76 of 139
77

Patent documentation can also be a useful tool for planning development, allocating funding, and 

producing statistical information.”); Larayne Dallas, Why is Classification So Important?, 

University of Texas Libraries Guide: Patents, Trademarks, and Copyright, available at 

https://guides.lib.utexas.edu/c.php?g=532337&p=3642252 (“While it is possible to search 

patents using keywords, patent professionals recommend that the best way to conduct a 

comprehensive patent search is by classification. Classification helps bring together similar 

devices and concepts, even when different terms have been used to describe them.”).

56. The U.S. Original Classification of the ‘797 Patent is 370/503, entitled 

“Synchronizing” and under the categories and sub-categories of: Multiplex Communications, 

Communication Techniques for Information Carried in Plural Channels, and Combining or 

Distributing Information via Time Channels. The International Original Classification of the 

‘797 Patent is H04J 3/06, entitled “Synchronizing Arrangements” and under the categories and 

sub-categories of: Electricity, Electric Communication Technique, Multiplex Communication, 

Time-division multiplex systems, and Details. 370/503 is a small class, with only 615 U.S. 

patents issued since 2013. H04J 3/06 is likewise a small class, with only 2,328 U.S. patents 

issued since 2013. 

57. ZTE is one of the most prolific patentees in the world for these classes. Indeed, 

ZTE is the assignee on 15 of the 615 U.S. patents in 370/503, and 39 of the 2,328 U.S. patents in 

H04J 3/06, representing nearly 2.5% of the U.S. patents in 370/503 and over 1.5% of the U.S. 

patents in H04J 3/06 since 2013. 

58. Due to ZTE’s prolific patenting and its widespread practicing of technology 

related to the ‘797 Patent’s U.S. Original Classification and its International Original 

Classification, ZTE has knowledge of the ‘797 Patent.

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 77 of 139
78

59. Far North Patents has been damaged as a result of the infringing conduct by ZTE

alleged above. Thus, ZTE is liable to Far North Patents in an amount that adequately 

compensates it for such infringements, which, by law, cannot be less than a reasonable royalty, 

together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

60. Far North Patents and/or its predecessors-in-interest have satisfied all statutory 

obligations required to collect pre-filing damages for the full period allowed by law for 

infringement of the ‘797 Patent.

COUNT IV

DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,891,504

61. On November 18, 2014, United States Patent No. 8,891,504 (“the ‘504 Patent”) 

was duly and legally issued by the United States Patent and Trademark Office for an invention 

entitled “Methods and Apparatus for Providing Quality of Service Guarantees in Computer 

Networks.”

62. Far North Patents is the owner of the ‘504 Patent, with all substantive rights in 

and to that patent, including the sole and exclusive right to prosecute this action and enforce the 

‘504 Patent against infringers, and to collect damages for all relevant times.

63. ZTE made, had made, used, imported, provided, supplied, distributed, sold, and/or 

offered for sale products and/or systems including, for example, its ZTE ZXR10 5950-L Series 

Switch and ZTE ZXR10 5960-4M Switch families of products that include advanced quality of 

service capabilities (collectively, “accused products”).

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 78 of 139
79

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 79 of 139
80

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

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(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

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82

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 82 of 139
83

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

64. By doing so, ZTE has directly infringed (literally and/or under the doctrine of 

equivalents) at least Claims 1 and 6 of the ‘504 Patent.

65. ZTE has infringed the ‘504 Patent by making, having made, using, importing, 

providing, supplying, distributing, selling or offering for sale products including a device adapter 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 83 of 139
84

comprising a transmission unit configured to transmit data from a real time device via a network 

according to a time frame, wherein the time frame is substantially synchronized in the device 

adapter and at least one other device adapter, the time frame repeating periodically and including 

a plurality of assigned time phases and a free access phase. For example, the accused products 

are configured to be used to implement the IEEE 802.1Q standard. IEEE standard 802.1Q 

implements a method in which a time aware bridged LAN transmits data from one end point i.e., 

Precision Time Protocol (“PTP”) instance to another. The endpoints transmit data that is a mix 

of time-critical traffic and other traffic, (i.e., real time data and non-real time data) via PTP 

instances such as bridges (device adapters). The end point can be either a real time device or a 

non-real time device. The bridged network uses 802.1AS base time to synchronize all the clocks 

of ports associated with bridges (device adapters). Using the Best Master Clock Algorithm, the 

synchronization time signal is transmitted from a grandmaster to other ports. IEEE Std. 

802.1ASTM-2011 is normative and essential to implement an IEEE Std. 802.1Q Compliant 

System. IEEE Std. 802.1Q-2018 defines parameters, such as AdminBaseTime and 

OpenBaseTime, which are used to synchronize the clocks across the network. The bridges 

containing ports schedule the transmission of traffic based on the synchronized time. Each port 

associated with a specific set of transmission queues includes a plurality of transmission gates. A 

transmission gate can be in a closed state or open state. The functionality of assigned time phases 

is achieved using open gates transmitting data packets during transmission time. The 

functionality of a free access phase is achieved when the gates are opened for transmission 

during any time. IEEE Std. 802.1Q-2018 supports cyclic queuing and forwarding structures to 

create synchronized frames and gates which repeat periodically (Annex T).

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 84 of 139
85

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 85 of 139
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(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 86 of 139
87

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 87 of 139
88

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://avnu.org/wp-content/uploads/2014/05/as-kbstanton-8021AS-tutorial-0714-

v01.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 88 of 139
89

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 89 of 139
90

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 90 of 139
91

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 91 of 139
92

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015)).

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 92 of 139
93

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

66. The accused products include a device adapter that is configured to transmit data 

during at least one of an assigned time phase associated with the device adapter prior to 

transmission of data from the real-time device by the device adapter, and included in the plurality 

of assigned time phases, or the free access phase, to refrain from transmitting data during time 

phases of the plurality of assigned time phases that are not associated with the device adapter, 

and to be able to determine whether to transmit or defer transmission of data during the assigned 

time phase associated with the device adapter and the free access phase to allow the another

device to transmit data. For example, the accused products are configured to be used to 

implement the IEEE 802.1Q standard. IEEE standard 802.1Q shows that scheduling of ports’ 

transmission gates for transmission of data starts prior to the transmission of real-time data. The 

functionality of assigned time phases is achieved using open gates transmitting data packets 

during scheduled transmission time. Per Clause 8.6.8 of the IEEE Std. 802.1Q, each time phase 

is assigned to a specific device adapter prior to transmission of real-time data by the specific 

device adapter. Furthermore, IEEE 802.1Q performs traffic shaping through Per-Stream 

Filtering and Policing (PSTP). IEEE standard 802.1Q implements a method in which open gates 

transmit data packets during transmission time and closed gates refrain data packets from 

transmission. The functionality of assigned time phases is achieved using open gates transmitting 

data packets during transmission time. The functionality of free access phase is achieved by the 

gates that are opened for transmission during any time. IEEE Std. 802.1Q supports Forwarding 

and Queuing Enhancements for Time Sensitive Streams. Thus, one of the plurality of device

adaptors is configured to transmit data during at least one of a respective assigned time phase or 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 93 of 139
94

free access phase, to refrain from transmitting data during time phases not assigned to the 

respective one of the plurality of device adapters. IEEE Std. 802.1Q provides traffic shaping for 

various classes of data transmission and determining whether to transmit or defer transmission of 

data during at least one of the assigned time phase or the free access phase to allow the another

device to transmit data.

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 94 of 139
95

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 95 of 139
96

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 96 of 139
97

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

67. ZTE has infringed the ‘504 Patent by using the accused products and thereby 

practicing a method that includes obtaining, at a device adapter, a substantially synchronized 

time frame which is maintained among a plurality of device adapters interconnected by a 

network, the time frame repeating periodically and including a plurality of assigned time phases 

and a free access phase. For example, the accused products are used by ZTE to implement the 

IEEE 802.1Q standard. IEEE standard 802.1Q implements a method in which a time aware 

bridged LAN transmits data from one end point i.e., Precision Time Protocol (PTP) instance to 

another. The endpoints transmit data that is a mix of time-critical traffic and other traffic, (i.e., 

real time data and non-real time data) via PTP instances such as bridges (device adapters). The 

end point can be either a real time device or a non-real time device. The bridged network uses 

802.1AS base time to synchronize all the clocks of ports associated with bridges (device 

adapters). Using the Best Master Clock Algorithm, the synchronization time signal is transmitted 

from a grandmaster to other ports. IEEE Std. 802.1ASTM-2011 is normative and essential to 

implement an IEEE Std. 802.1Q Compliant System. IEEE Std. 802.1Q-2018 defines parameters, 

such as AdminBaseTime and OpenBaseTime, which are used to synchronize the clocks across 

the network. The bridges containing ports schedule the transmission of traffic based on the 

synchronized time. Each port associated with a specific set of transmission queries includes a 

plurality of transmission gates. A transmission gate can be in a closed state or open state. The 

functionality of assigned time phases is achieved using open gates transmitting data packets 

during transmission time. The functionality of a free access phase is achieved when the gates are 

opened for transmission during any time. IEEE Std. 802.1Q-2018 supports cyclic queuing and 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 97 of 139
98

forwarding structures to create synchronized frames and gates which repeat periodically (Annex 

T).

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 98 of 139
99

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 99 of 139
100

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 100 of 139
101

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://avnu.org/wp-content/uploads/2014/05/as-kbstanton-8021AS-tutorial-0714-

v01.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 101 of 139
102

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 102 of 139
103

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 103 of 139
104

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 104 of 139
105

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 105 of 139
106

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

68. The methods practiced by ZTE’s use of the accused products include controlling 

transmission of data during at least one of an assigned time phase assigned to the device adapter 

prior to transmission of real-time data by the device adapter, and included in the plurality of 

assigned time phases, or the free access phase. For example, the accused products are used by 

ZTE to implement the IEEE 802.1Q standard. IEEE standard 802.1Q shows that scheduling 

(controlling) of transmission gates ports for transmission of data starts prior to the transmission 

of real-time data. The functionality of assigned time phases is achieved using open gates 

transmitting data packets during scheduled transmission time. Per Clause 8.6.8 of the IEEE Std. 

802.1Q, each time phase is assigned to a specific device adapter prior to transmission of realtime data by the specific device adapter. IEEE 802.1Q performs traffic shaping through PerCase 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 106 of 139
107

Stream Filtering and Policing (PSFP). In IEEE 802.1Q, open gates transmit data packets during 

transmission time and closed gates refrain data packets from transmission. The functionality of 

assigned time phases is achieved using open gates transmitting data packets during transmission 

time. The functionality of free access phase is achieved by the gates that are opened for 

transmission during any time. IEEE Std. 802.1Q supports Forwarding and Queuing 

Enhancements for Time Sensitive Streams. The ports of device adapters are assigned a time for 

transmission based on priority and credit-based algorithm. So, there will be instances when the 

transmission of data is refrained based on priority. Thus, one of the plurality of devices is 

configured to transmit data during at least one of a respective assigned time phase or free access 

phase, to refrain from transmitting data during time phases not assigned to the respective one of 

the plurality of device adapters. IEEE Std. 802.1Q provides traffic shaping for various classes of 

data transmission and determining whether to defer transmission of data during at least one of 

the assigned time phase or the free access phase to allow a non-real time device to transmit data.

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 107 of 139
108

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 108 of 139
109

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 109 of 139
110

69. The methods practiced by ZTE’s use of the accused products include refraining 

from transmitting data during time phases of the plurality of assigned time phases that are not 

associated with the device adapter. For example, the accused products are used by ZTE to 

implement the IEEE 802.1Q standard. IEEE standard 802.1Q performs traffic shaping through 

Per-Stream Filtering and Policing (PSFP). In IEEE 802.1Q, open gates transmit data packets 

during transmission time and closed gates refrain data packets from transmission. The 

functionality of assigned time phases is achieved using open gates transmitting data packets 

during transmission time. The functionality of free access phase is achieved by the gates that are 

opened for transmission during any time. IEEE Std. 802.1Q supports Forwarding and Queuing 

Enhancements for Time Sensitive Streams. The ports of device adapters are assigned a time for 

transmission based on priority and credit-based algorithm. So, there are instances when the 

transmission of data is refrained based on priority. Thus, one of the plurality of devices is 

configured to transmit data during at least one of a respective assigned time phase or free access 

phase, to refrain from transmitting data during time phases not assigned to the respective one of 

the plurality of device adapters.

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 110 of 139
111

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 111 of 139
112

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

70. The plurality of device adaptors recited above in connection with ZTE’s use of 

the accused products includes determining whether to defer transmission of data during the 

assigned time phase assigned to the device adapter if the device adapter has data to transmit 

during the assigned time phase assigned to the device adapter, to allow another device to transmit 

data during the assigned time phase assigned to the device adapter; and determining whether to 

defer transmission of data during the free access phase if the device adapter has data to transmit 

during the free access phase, to allow the another device to transmit data during the free access 

phase. For example, the accused products are used by ZTE to implement the IEEE 802.1Q 

standard. IEEE standard 802.1Q implements a method in which open gates transmit data packets 

during transmission time and closed gates refrain data packets from transmission. The 

functionality of assigned time phases is achieved using open gates transmitting data packets 

during transmission time. The functionality of free access phase is achieved by the gates that are 

opened for transmission during any time. IEEE Std. 802.1Q supports Forwarding and Queuing 

Enhancements for Time Sensitive Streams. The ports of device adapters are assigned a time for 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 112 of 139
113

transmission based on priority and credit-based algorithm. So, there will be instances when the 

transmission of data is refrained based on priority. Thus, one of the plurality of devices is 

configured to transmit data during at least one of a respective assigned time phase or free access 

phase, to refrain from transmitting data during time phases not assigned to the respective one of 

the plurality of device adapters. IEEE Std. 802.1Q provides traffic shaping for various classes of 

data transmission and determining whether to defer transmission of data during at least one of 

the assigned time phase or the free access phase to allow another device (non-real time device) to 

transmit data.

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 113 of 139
114

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

71. Corporations like ZTE rely upon and use patent classifications as a way to learn 

and research technological information and as a way to assist them in planning development and 

allocating funding. See, e.g., Ronald E. Myrick et al., The Technological Innovation Process: 

Patent Documentation as a Source of Technological Information, 9 SANTA CLARA COMPUTER &

HIGH TECH. L.J. 355, 361-62, 371 (1993) (“Patent documents are inherently valuable to scientists 

and engineers because of the technical information they contain... Fortunately, patent documents 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 114 of 139
115

are catalogued in a manner that is designed to facilitate their easy access. Ease of accessibility is 

due in part to the classification of documents within the given patent system[.] ... Patents are a 

well-indexed and well-classified source of technological information. They can therefore be 

beneficially used by individual researchers, corporations, research and development 

organizations, universities, governments, and others, to learn the technology revealed therein. 

Patent documentation can also be a useful tool for planning development, allocating funding, and 

producing statistical information.”); Larayne Dallas, Why is Classification So Important?, 

University of Texas Libraries Guide: Patents, Trademarks, and Copyright, available at 

https://guides.lib.utexas.edu/c.php?g=532337&p=3642252 (“While it is possible to search 

patents using keywords, patent professionals recommend that the best way to conduct a 

comprehensive patent search is by classification. Classification helps bring together similar 

devices and concepts, even when different terms have been used to describe them.”).

72. The U.S. Original Classification of the ‘504 Patent is 370/341, entitled “Channel 

Assignment” and under the categories and sub-categories of: Multiplex Communications, 

Communication Over Free Space, and Using Trunking. One of the U.S. Cross-Reference 

Classifications of the ‘504 Patent is 370/329, entitled “Channel Assignment” and under the 

categories and sub-categories of: Multiplex Communications, Communication Over Free Space, 

and Having a Plurality of Contiguous Regions Served by Respective Fixed Stations. 370/341

and 370/329 are small classes, with only 154 U.S. patents and 1,395 U.S. Patents, respectively, 

issued since the November 18, 2014 issuance of the ‘504 Patent.

73. ZTE is one of the most prolific patentees in the world for these classes. Indeed, 

ZTE is the assignee on 3 of the 154 U.S. patents in 370/341 and 33 of the 1,395 U.S. patents in 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 115 of 139
116

370/329, representing nearly 2% of the U.S. patents in 370/341 and over 2% of the U.S. patents 

in 370/329 since the issuance of the ‘504 Patent.

74. Due to ZTE’s prolific patenting and its widespread practicing of technology 

related to the ‘504 Patent’s U.S. Original Classification and one of its U.S. Cross-Reference 

Classifications, ZTE has knowledge of the ‘504 Patent.

75. Far North Patents has been damaged as a result of the infringing conduct by ZTE

alleged above. Thus, ZTE is liable to Far North Patents in an amount that adequately 

compensates it for such infringements, which, by law, cannot be less than a reasonable royalty, 

together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

76. Far North Patents and/or its predecessors-in-interest have satisfied all statutory 

obligations required to collect pre-filing damages for the full period allowed by law for 

infringement of the ‘504 Patent.

COUNT V

DIRECT INFRINGEMENT OF U.S. PATENT NO. 6,661,804

77. On December 9, 2003, United States Patent No. 6,661,804 (“the ‘804 Patent”) 

was duly and legally issued by the United States Patent and Trademark Office for an invention 

entitled “Methods and Apparatus for Providing Quality-of-Service Guarantees in Computer 

Networks.”

78. Far North Patents is the owner of the ‘804 Patent, with all substantive rights in 

and to that patent, including the sole and exclusive right to prosecute this action and enforce the 

‘804 Patent against infringers, and to collect damages for all relevant times.

79. ZTE made, had made, used, imported, provided, supplied, distributed, sold, and/or 

offered for sale products and/or systems including, for example, its ZTE ZXR10 5950-L Series 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 116 of 139
117

Switch and ZTE ZXR10 5960-4M Switch families of products that include advanced quality of 

service capabilities (collectively, “accused products”).

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 117 of 139
118

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 118 of 139
119

(Source : screenshot of PDF downloaded from https://sdnfv.zte.com.cn/upload_files/440ed336-

3d3f-11e9-abd7-744aa4020e29.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 119 of 139
120

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 120 of 139
121

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

(Source : screenshot of PDF downloaded from 

https://www.balticnetworks.com/docs/ZXR10_5950-28PD-L.pdf)

80. By doing so, ZTE has directly infringed (literally and/or under the doctrine of 

equivalents) at least Claim 22 of the ‘804 Patent. 

81. ZTE has infringed the ‘804 Patent by using the accused products and thereby 

practicing a method including defining a common time reference for a plurality of device 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 121 of 139
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adapters, said common time reference including a time frame having a plurality of time phases,

each of said device adapters capable of being uniquely assigned to at least one of said time 

phases, said time phases including a free-access phase. For example, the accused products are 

used by ZTE to implement the IEEE 802.1Q standard. IEEE standard 802.1Q implements a 

method in which a time aware bridged LAN transmits data from one end point i.e., Precision 

Time Protocol (“PTP”) instance to another. The endpoints transmit data that is a mix of timecritical traffic and other traffic, (i.e., real time data and non-real time data) via PTP instances 

such as bridges (device adapters). The time aware bridged LAN use 802.1AS base time to 

maintain synchronized time (common time reference) for all the ports in the bridges (device 

adapters). The bridges containing ports schedule the transmission of traffic based on the 

synchronized time. Each port associated with a specific set of transmission queues includes a 

plurality of transmission gates. A transmission gate can be in a closed state or open state. The 

functionality of assigned time phases is achieved using open gates transmitting data packets 

during transmission time. The functionality of free access phase is achieved when the gates are 

opened for transmission during any time. IEEE Std. 802.1ASTM is normative and essential to 

implement an IEEE Std. 802.1Q Compliant System.

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(Source: http://www.ieee802.org/1/files/public/docs2014/bv-p802-1Qbv-par-modification1114.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 123 of 139
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(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 124 of 139
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(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 125 of 139
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(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 126 of 139
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(Source: IEEE Standard for Local and Metropolitan Area Networks—Bridges and Bridged 

Networks- IEEE Std 802.1QTM-2018)

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 127 of 139
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(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

82. The methods practiced by ZTE’s use of the accused products include allowing a 

specified device adapter to transmit packets during time phase uniquely assigned to the specified 

device adapter and during said free-access phase. For example, the accused products are used by 

ZTE to implement the IEEE 802.1Q standard. The open gates assigned to the transmission 

queue of a port (device adapter) transmit the data packets during the transmission time. The 

transmission selection algorithm determines the transmission time. If the gates are in permanent 

open state, the data packets are transmitted from the gates during any time. The functionality of 

assigned time phases is achieved using open gates transmitting data packets during transmission 

time. The functionality of free access phase is achieved when the gates are permanently opened 

for transmission during any time.

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 128 of 139
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(Source: IEEE Standard for Local and metropolitan area networks— Bridges and Bridged 

Networks Amendment 25: Enhancements for Scheduled Traffic (IEEE 802.1Qbv-2015))

83. The methods practiced by ZTE’s use of the accused products include designating 

one of said device adapters as a master timing device. For example, the accused products are 

used by ZTE to implement the IEEE 802.1Q standard. IEEE standard 802.1Q implements a 

method in which a time aware bridged LAN transmits data from one Precision Time Protocol 

(PTP) instance (device adapter) to another. The ports of the time aware bridge use best master 

clock algorithm (BMCA) to determine a potential grandmaster port (master timing device).

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 129 of 139
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(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

84. The methods practiced by ZTE’s use of the accused products include 

synchronizing the remaining device adapters with the designated master timing device. For 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 130 of 139
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example, the accused products are used by ZTE to implement the IEEE 802.1Q standard. The 

boundary clocks of the slave ports in the time aware bridges (remaining device adapters) are 

synchronized with the grandmaster boundary clock (master timing device).

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 131 of 139
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(Source: https://1.ieee802.org/wp-content/uploads/2019/03/802-1AS-rev-d8-0.pdf)

85. Corporations like ZTE rely upon and use patent classifications as a way to learn 

and research technological information and as a way to assist them in planning development and 

allocating funding. See, e.g., Ronald E. Myrick et al., The Technological Innovation Process: 

Patent Documentation as a Source of Technological Information, 9 SANTA CLARA COMPUTER &

HIGH TECH. L.J. 355, 361-62, 371 (1993) (“Patent documents are inherently valuable to scientists 

and engineers because of the technical information they contain... Fortunately, patent documents 

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 132 of 139
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are catalogued in a manner that is designed to facilitate their easy access. Ease of accessibility is 

due in part to the classification of documents within the given patent system[.] ... Patents are a 

well-indexed and well-classified source of technological information. They can therefore be 

beneficially used by individual researchers, corporations, research and development 

organizations, universities, governments, and others, to learn the technology revealed therein. 

Patent documentation can also be a useful tool for planning development, allocating funding, and 

producing statistical information.”); Larayne Dallas, Why is Classification So Important?, 

University of Texas Libraries Guide: Patents, Trademarks, and Copyright, available at 

https://guides.lib.utexas.edu/c.php?g=532337&p=3642252 (“While it is possible to search 

patents using keywords, patent professionals recommend that the best way to conduct a 

comprehensive patent search is by classification. Classification helps bring together similar 

devices and concepts, even when different terms have been used to describe them.”).

86. One of the U.S. Cross-Reference Classifications of the ‘804 Patent is 370/437, 

entitled “Adaptive Selection of Channel Assignment Technique” and under the categories and 

sub-categories of: Multiplex Communications and Channel Assignment Techniques. 370/437is a 

small class, with only 390 U.S. patents issued since 2013. 

87. ZTE is one of the most prolific patentees in the world for this class. Indeed, ZTE

is the assignee on 8 of the 390 U.S. patents in 370/437, representing over 2% of the U.S. patents 

in that class issued since 2013. 

88. Due to ZTE’s prolific patenting and its widespread practicing of technology 

related to the ‘804 Patent’s U.S. Original Classification and all four of its U.S. Cross-Reference 

Classifications, ZTE has knowledge of the ‘804 Patent.

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89. Far North Patents has been damaged as a result of the infringing conduct by ZTE

alleged above. Thus, ZTE is liable to Far North Patents in an amount that adequately 

compensates it for such infringements, which, by law, cannot be less than a reasonable royalty, 

together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

90. Far North Patents and/or its predecessors-in-interest have satisfied all statutory 

obligations required to collect pre-filing damages for the full period allowed by law for 

infringement of the ‘804 Patent.

ADDITIONAL ALLEGATIONS REGARDING INFRINGEMENT

91. ZTE has also indirectly infringed the ‘053 Patent, the ‘702 Patent, the ‘797 Patent, 

the ‘504 Patent, and the ‘804 Patent by inducing others to directly infringe the ‘053 Patent, the 

‘702 Patent, the ‘797 Patent, the ‘504 Patent, and the ‘804 Patent. ZTE has induced the endusers, ZTE’s customers, to directly infringe (literally and/or under the doctrine of equivalents) 

the ‘053 Patent, the ‘702 Patent, the ‘797 Patent, the ‘504 Patent, and the ‘804 Patent by using 

the accused products.

92. ZTE took active steps, directly and/or through contractual relationships with 

others, with the specific intent to cause them to use the accused products in a manner that 

infringes one or more claims of the patents-in-suit, including, for example, Claims 1 and 14 of 

the ‘053 Patent, Claim 27 of the ‘702 Patent, Claim 30 of the ‘797 Patent, Claims 1 and 6 of the 

‘504 Patent, and Claim 22 of the ‘804 Patent.

93. Such steps by ZTE included, among other things, advising or directing customers 

and end-users to use the accused products in an infringing manner; advertising and promoting the 

use of the accused products in an infringing manner; and/or distributing instructions that guide 

users to use the accused products in an infringing manner. 

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94. ZTE has performed these steps, which constitute induced infringement, with the 

knowledge of the ‘053 Patent, the ‘702 Patent, the ‘797 Patent, the ‘504 Patent, and the ‘804 

Patent and with the knowledge that the induced acts constitute infringement. 

95. ZTE was and is aware that the normal and customary use of the accused products 

by ZTE’s customers would infringe the ‘053 Patent, the ‘702 Patent, the ‘797 Patent, the ‘504 

Patent, and the ‘804 Patent. For example, ZTE uses at least ZTE Corporation and ZTE (TX) to 

design, develop, and test the accused products, so ZTE is aware of their normal and customary 

use. ZTE’s inducement is ongoing.

96. ZTE has also induced its affiliates, or third-party manufacturers, shippers, 

distributors, retailers, or other persons acting on its or its affiliates’ behalf, to directly infringe

(literally and/or under the doctrine of equivalents) the ‘053 Patent, the ‘702 Patent, the ‘797 

Patent, the ‘504 Patent, and the ‘804 Patent by importing, selling or offering to sell the accused 

products. 

97. ZTE has at least a significant role in placing the accused products in the stream of 

commerce in Texas and elsewhere in the United States.

98. ZTE directs or controls the making of accused products and their shipment to the 

United States, using established distribution channels, for sale in Texas and elsewhere within the 

United States. For example, ZTE uses at least CEVA Freight (Shenzhen) Limited and ZTE 

(USA), Inc. to ship the accused products and to distribute the accused products within the United 

States.

99. ZTE directs or controls the sale of the accused products into established United 

States distribution channels, including sales to nationwide retailers.

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100. ZTE’s established United States distribution channels include one or more United 

States based affiliates (e.g., at least ZTE (USA), Inc.).

101. ZTE directs or controls the sale of the accused products nationwide through its 

own websites, including for sale in Texas and elsewhere in the United States, and expects and 

intends that the accused products will be so sold.

102. ZTE took active steps, directly and/or through contractual relationships with 

others, with the specific intent to cause such persons to import, sell, or offer to sell the accused 

products in a manner that infringes one or more claims of the patents-in-suit, including, for 

example, Claims 1 and 14 of the ‘053 Patent, Claim 27 of the ‘702 Patent, Claim 30 of the ‘797 

Patent, Claims 1 and 6 of the ‘504 Patent, and Claim 22 of the ‘804 Patent.

103. Such steps by ZTE included, among other things, making or selling the accused 

products outside of the United States for importation into or sale in the United States, or knowing 

that such importation or sale would occur; and directing, facilitating, or influencing its affiliates, 

or third-party manufacturers, shippers, distributors, retailers, or other persons acting on its or 

their behalf, to import, sell, or offer to sell the accused products in an infringing manner.

104. ZTE performed these steps, which constitute induced infringement, with the 

knowledge of the ‘053 Patent, the ‘702 Patent, the ‘797 Patent, the ‘504 Patent, and the ‘804 

Patent and with the knowledge that the induced acts would constitute infringement. 

105. ZTE performed such steps in order to profit from the eventual sale of the accused 

products in the United States. 

106. ZTE’s inducement is ongoing.

107. ZTE has also indirectly infringed by contributing to the infringement of the ‘053 

Patent, the ‘702 Patent, the ‘797 Patent, the ‘504 Patent, and the ‘804 Patent. ZTE has

Case 6:20-cv-00222-ADA Document 1 Filed 03/25/20 Page 136 of 139
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contributed to the direct infringement of the ‘053 Patent, the ‘702 Patent, the ‘797 Patent, the 

‘504 Patent, and the ‘804 Patent by the end-user of the accused products. 

108. The accused products have special features that are specially designed to be used 

in an infringing way and that have no substantial uses other than ones that infringe the ‘053 

Patent, the ‘702 Patent, the ‘797 Patent, the ‘504 Patent, and the ‘804 Patent, including, for 

example, Claims 1 and 14 of the ‘053 Patent, Claim 27 of the ‘702 Patent, Claim 30 of the ‘797 

Patent, Claims 1 and 6 of the ‘504 Patent, and Claim 22 of the ‘804 Patent.

109. The special features include advanced quality of service capabilities, used in a 

manner that infringes the ‘053 Patent, the ‘702 Patent, the ‘797 Patent, the ‘504 Patent, and the 

‘804 Patent. 

110. The special features constitute a material part of the invention of one or more of 

the claims of the ‘053 Patent, the ‘702 Patent, the ‘797 Patent, the ‘504 Patent, and the ‘804 

Patent and are not staple articles of commerce suitable for substantial non-infringing use. 

111. ZTE’s contributory infringement is ongoing.

112. Furthermore, ZTE has a policy or practice of not reviewing the patents of others

(including instructing its employees to not review the patents of others), and thus has been 

willfully blind of Far North Patents’ patent rights. See, e.g., M. Lemley, “Ignoring Patents,” 

2008 Mich. St. L. Rev. 19 (2008).

113. ZTE’s actions are at least objectively reckless as to the risk of infringing valid 

patents and this objective risk was either known or should have been known by ZTE.

114. ZTE has knowledge (at least constructively through its willful blindness) of the 

‘053 Patent, the ‘702 Patent, the ‘797 Patent, the ‘504 Patent, and the ‘804 Patent.

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115. ZTE’s customers have infringed the ‘053 Patent, the ‘702 Patent, the ‘797 Patent, 

the ‘504 Patent, and the ‘804 Patent.

116. ZTE encouraged its customers’ infringement.

117. ZTE’s direct and indirect infringement of the ‘053 Patent, the ‘702 Patent, the 

‘797 Patent, the ‘504 Patent, and the ‘804 Patent is, has been, and/or continues to be willful, 

intentional, deliberate, and/or in conscious disregard of Far North Patents’ rights under the 

patents.

118. Far North Patents has been damaged as a result of the infringing conduct by ZTE

alleged above. Thus, ZTE is liable to Far North Patents in an amount that adequately 

compensates it for such infringements, which, by law, cannot be less than a reasonable royalty, 

together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

JURY DEMAND

Far North Patents hereby requests a trial by jury on all issues so triable by right.

PRAYER FOR RELIEF

Far North Patents requests that the Court find in its favor and against ZTE, and that the 

Court grant Far North Patents the following relief:

a. Judgment that one or more claims of the ‘053 Patent, the ‘702 Patent, the ‘797 

Patent, the ‘504 Patent, and the ‘804 Patent have been infringed, either literally and/or under the 

doctrine of equivalents, by ZTE and/or all others acting in concert therewith;

b. A permanent injunction enjoining ZTE and its officers, directors, agents, servants, 

affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in concert 

therewith from infringement of the ‘053 Patent; or, in the alternative, an award of a reasonable 

ongoing royalty for future infringement of the ‘053 Patent by such entities;

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c. Judgment that ZTE account for and pay to Far North Patents all damages to and 

costs incurred by Far North Patents because of ZTE’s infringing activities and other conduct 

complained of herein, including an award of all increased damages to which Far North Patents is 

entitled under 35 U.S.C. § 284;

d. That Far North Patents be granted pre-judgment and post-judgment interest on the 

damages caused by ZTE’s infringing activities and other conduct complained of herein;

e. That this Court declare this an exceptional case and award Far North Patents its 

reasonable attorney’s fees and costs in accordance with 35 U.S.C. § 285; and

f. That Far North Patents be granted such other and further relief as the Court may 

deem just and proper under the circumstances.

Dated: March 25, 2020 Respectfully submitted,

/s/ Zachariah S. Harrington

Matthew J. Antonelli 

Texas Bar No. 24068432

matt@ahtlawfirm.com

Zachariah S. Harrington 

Texas Bar No. 24057886

zac@ahtlawfirm.com

Larry D. Thompson, Jr.

Texas Bar No. 24051428

larry@ahtlawfirm.com

Christopher Ryan Pinckney

Texas Bar No. 24067819

ryan@ahtlawfirm.com

ANTONELLI, HARRINGTON 

& THOMPSON LLP

4306 Yoakum Blvd., Ste. 450

Houston, TX 77006

(713) 581-3000

Attorneys for Far North Patents, LLC

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