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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

DALI WIRELESS, INC.,

 Plaintiff,

 v. 

CELLCO PARTNERSHIP D/B/A VERIZON 

WIRELESS, VERIZON CORPORATE 

SERVICES GROUP INC., VERIZON 

ONLINE LLC, COMMSCOPE HOLDING 

COMPANY, INC., COMMSCOPE INC., and 

COMMSCOPE TECHNOLOGIES LLC,

 Defendants.

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Case No. 2:23-cv-00245 

JURY TRIAL DEMANDED

COMPLAINT

Plaintiff Dali Wireless, Inc. (“Dali”) files this Complaint against Defendants Cellco

Partnership D/B/A Verizon Wireless, Verizon Corporate Services Group Inc., Verizon Online 

LLC (collectively, “Verizon”) and CommScope Holding Company, Inc., CommScope, Inc., and 

CommScope Technologies LLC (collectively, “CommScope”). 

NATURE OF THE CASE

1. This is an action for the infringement of United States Patent No. 9,820,171 (the 

“’171 patent” or “Patent-in-Suit”). 

2. Verizon and CommScope have been infringing the ’171 patent in violation of 35 

U.S.C. § 271 by deploying, operating, maintaining, testing, and using Verizon’s LTE and 5G 

networks which include equipment relating to distributed antenna systems and/or small cell 

Case 2:23-cv-00245-RWS-RSP Document 1 Filed 05/30/23 Page 1 of 19 PageID #: 1
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wireless solutions, such as CommScope’s ION®-E/ERA platform1. 

3. Plaintiff Dali seeks appropriate damages, injunctive relief, and prejudgment and 

post-judgment interest for Defendants’ infringement of the Patent-in-Suit. 

THE PARTIES

4. Plaintiff Dali is a Delaware corporation having its center of operations in Burnaby, 

British Columbia, Canada, where all its technical and financial employees, documents, 

engineering, and product development are based. It also has an address in Menlo Park, California 

for forwarding of domestic mail and telephone calls to its center of operations. 

5. Founded in 2006, Dali began as a designer and manufacturer of power amplifiers 

used in radio frequency (“RF”) communications. Dali is known within the industry as an innovator 

in providing end-to-end, software defined digital radio distribution solutions that can be 

implemented in Distributed Antenna Systems (“DAS”) used for cellular, public safety, and other 

RF communications. Dali is a world-wide innovator in digital radio distribution systems and digital 

predistortion technology that revolutionized in-building and outdoor wireless coverage and 

capacity. Dali’s groundbreaking products have been consistently recognized by industry 

publications. For example, Dali has been recognized as a “Hot Tech Innovator” by ABI Research 

and was ranked No. 1 in innovation in the ABI Research report, “In-Building Wireless, DAS 

Vendor Competitive Assessment.” Dali’s systems improve upon traditional DAS by allowing the 

dynamic allocation of wireless coverage and capacity.

1 According to publicly available documents from CommScope, ION®-E and ERA share the same 

hardware modules, system software, and management systems: “ERA is an extension of the 

hardware and software architecture that CommScope originally introduced as ION-E. Going 

forward, all new systems are ERA. Since ION-E and ERA share the same hardware modules, 

system software and management systems, existing ION-E systems can be updated and expanded 

using ERA components.” https://www.commscope.com/product-type/in-building-cellularsystems/distributed-antenna-systems-das/era/ (last visited May 25, 2023).

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6. Cellco Partnership d/b/a Verizon Wireless (“Verizon Wireless”) is a Delaware 

partnership with its principal place of business at One Verizon Way, Basking Ridge, NJ 07920. 

On information and belief, Verizon Wireless is a wholly owned subsidiary of Verizon 

Communications, Inc. 

7. Verizon Corporate Services Group Inc. (“Verizon Corporate Services”) is a 

corporation organized and existing under the laws of the State of New York, with a principal place 

of business at One Verizon Way, Basking Ridge, NJ 07920. On information and belief, Verizon 

Corporate Services is a wholly owned subsidiary of Verizon Communications, Inc. 

8. Verizon Online LLC (“Verizon Online”) is a limited liability company organized 

and existing under the laws of the State of Delaware, with a principal place of business at 22001 

Loudoun County Parkway, Ashburn, VA 20147. On information and belief, Verizon Online is a 

wholly owned subsidiary of Verizon Communications, Inc. 

9. On information and belief, Verizon’s operations in the Eastern District of Texas are 

substantial and varied. 

10. Verizon operates one or more wireless telecommunications networks to provide 

wireless telecommunications services, including within the Eastern District of Texas, under brand 

names including “Verizon Wireless.” 

11. On information and belief, Verizon—either directly or through those acting on its 

behalf—offers infringing communications networks and services in the Eastern District of Texas, 

as shown below2

: 

2 https://www.verizonwireless.com/featured/better-matters/ (last visited May 25, 2023).

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

and/or authorized retailers in the Western District of Texas in which infringing communications 

networks and services are offered for sale.3 Those stores include at least Verizon Wireless 

Company Stores located at each of 500 East Loop 281, Longview, TX 75605; 2040 Crockett 

Road, Palestine, TX 75801; 8988 South Broadway Avenue, Tyler, TX 75703; and 1016 West 

Southwest Loop 323, Tyler, TX 75701. 

12. By registering to conduct business in Texas and by maintaining facilities in at least 

the cities of Longview and Tyler, Verizon has multiple regular and established places of business 

within the Eastern District of Texas.

13. Defendant CommScope Holding Company, Inc. is a corporation organized and 

existing under the laws of the State of Delaware, with a place of business at 1100 CommScope 

Place, SE, Hickory, North Carolina 28602, and can be served through its registered agent, 

Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. 

14. Defendant CommScope Technologies LLC is a limited liability company organized 

and existing under the laws of the State of Delaware with a principal place of business at 1100 

CommScope Place SE, Hickory, North Carolina, 28602. On information and belief, CommScope 

Technologies LLC is a wholly owned subsidiary of CommScope Holding Company. 

3 See https://www.verizonwireless.com/stores/texas/ (last visited May 25, 2023).

Our 4G LTE covers 

327 

million people 

That's more than 

2.68 

million square miles 

Andover 

99% 

of the US population 

Based on 9l5.2019 US Census popwmon data. 

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15. Defendant CommScope Inc. is a corporation organized and existing under the laws 

of the State of Delaware, and can be served through its registered agent, United Agent Group Inc., 

3411 Silverside Road Tatnall Building #104, Wilmington, DE 19810. On information and belief, 

CommScope Inc. is a wholly owned subsidiary of CommScope Holding Company. 

16. On information and belief, CommScope Technologies LLC, CommScope Inc., and 

CommScope Holding Company, Inc. operate in the ordinary course of business as a single 

combined “CommScope” company. 

17. On information and belief, CommScope is doing business, either directly or 

through its agents, on an ongoing basis in this judicial district and has a regular and established 

place of business in this judicial district. For example, CommScope maintains and offers the 

CommScope web domain (www.commscope.com) that advertises the accused products and directs 

customers and/or potential customers in this district as to where to purchase those products. 

18. CommScope has admitted in this Court that it “has a regular and established 

physical place of business in the Eastern District of Texas.”4 CommScope Inc. maintains a regular 

and established place of business at 2601 Telecom Parkway, Richardson, Texas 75082, located 

within this District, that contains employees and/or other individuals that the CommScope 

Defendants direct or control. This office is a physical place within the district and is CommScope’s 

regular and established place of business. 

4 See SIPCO, LLC v. CommScope Holding Co., No. 5:20-CV-00168-RWS-CMC, ECF No. 48 

(Amended Complaint) ¶ 24 (E.D. Tex. May 21, 2021) (“Plaintiff is informed and believes, and on 

that basis alleges, that CommScope has a regular and established physical place of business in the 

Eastern District of Texas, including at 2601 Telecom Parkway, Richardson Texas 70852 . . . .”); 

id. ECF No. 50 (CommScope’s Answer) ¶ 24 (E.D. Tex. June 7, 2021) (“Admitted.”); see also 

Barkan Wireless IP Holdings, L.P. v. Sprint Corp., No. 2:19-CV-00336-JRG, ECF No. 46 (Answer 

to Amended Complaint) ¶ 16 (E.D. Tex. Jan. 21, 2020) (“CommScope admits that it has a regular 

and established place of business in this judicial district at 2601 Telecom Parkway, Richardson, 

Texas 70852.”).

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19. On information and belief, CommScope also has major customers with locations in 

Texas and this District, including, for example, Verizon. 

JURISDICTION AND VENUE

20. This is an action for patent infringement arising under the Patent Laws of the United 

States, Title 35 of the United States Code.

21. This Court has original subject matter jurisdiction under 28 U.S.C. §§ 1331 and 

1338(a). 

22. This Court has personal jurisdiction over Verizon because, inter alia, Verizon has 

a continuous presence in, and systematic contact with, this District and has registered to conduct 

business in the state of Texas. 

23. Verizon has committed and continues to commit acts of infringement of Dali’s

Patents-in-Suit in violation of the United States Patent Laws, and has used infringing products 

within this District. Verizon’s infringement has caused substantial injury to Dali, including within 

this District.

24. This Court has personal jurisdiction over CommScope because, inter alia, 

CommScope has a continuous presence in, and systematic contact with, this District and has 

registered to conduct business in the state of Texas. Moreover, CommScope has also acceded to 

this Court’s jurisdiction in prior patent cases.5

25. CommScope has committed and continues to commit acts of infringement of Dali’s 

5 See, e.g., SIPCO, LLC v. CommScope Holding Co., No. 5:20-CV-00168-RWS-CMC, ECF No. 

50 (Answer to First Amended Complaint) ¶ 24 (E.D. Tex. June 7, 2021) (“Defendants, for purposes 

of this case only, will not challenge personal jurisdiction in the Eastern District of Texas.”); see

also, e.g., Barkan Wireless IP Holdings, L.P. v. Sprint Corp., No. 2:19-CV-00336-JRG, ECF No. 

46 (Answer to Amended Complaint) ¶ 14 (E.D. Tex. Jan. 21, 2020) (“For the purposes of this 

action only, CommScope does not challenge the Court’s personal jurisdiction over 

CommScope.”). 

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Patents-in-Suit in violation of the United States Patent Laws and has used and sold infringing 

products within this District. CommScope’s infringement has caused substantial injury to Dali, 

including within this District.

26. Joinder of Verizon and CommScope in this action is proper under 35 U.S.C. § 

299(a). Dali’s right to relief against Verizon and CommScope for their infringement of the Patentin-Suit arises out of the same series of transactions or occurrences, namely their cooperation in 

planning, developing, testing, operating, and maintaining Verizon’s Long Term Evolution 

(“LTE”) and 5G networks. No claim is made in this complaint against CommScope in relation to 

its products or services sold to other wireless carriers.

27. Venue is proper in this judicial district. All of the relevant defendants reside in this 

judicial district within the meaning of 28 U.S.C. § 1400(b). Verizon and CommScope have 

committed acts of infringement within this district and have regular and established places of 

business here. 

THE PATENT-IN-SUIT

28. The ’171 patent is valid and enforceable under the United States Patent Laws.

29. The ’171 patent is titled “Remotely Reconfigurable Distributed Antenna System 

and Methods” and was issued by the United States Patent and Trademark Office to inventors Paul 

Lemson, Shawn Patrick Stapleton, Sasa Trajkovic, and Albert S. Lee on November 14, 2017, and 

assigned to Dali. 

30. Dali is the owner of all right, title, and interest in and to the ’171 patent with the 

full and exclusive right to bring suit to enforce the ’171 patent. 

31. The ’171 patent is valid and enforceable under the United States Patent Laws. 

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FIRST CAUSE OF ACTION

(PATENT INFRINGEMENT UNDER 35 U.S.C. § 271 OF THE ’171 PATENT

BY VERIZON AND COMMSCOPE)

32. Dali re-alleges and incorporates by reference all the foregoing paragraphs. 

33. On information and belief, Verizon and CommScope have directly infringed and 

continue to directly infringe either literally or under the doctrine of equivalents, one or more 

claims, including at least claim 1 of the ’171 patent, in violation of 35 U.S.C. § 271, et seq., by 

deploying, operating, maintaining, testing, and using Verizon’s LTE and 5G networks which 

include solutions for in-building wireless coverage, such as CommScope’s ION®-E/ERA 

platform.6

34. Claim 1 of the ’171 provides: 

[Preamble] A method for routing and switching signals 

comprising: 

[1A] providing a plurality of remote radio units, each remote radio 

unit configured to transmit one or more downlink signals and to 

receive one or more uplink signals 

[1B] providing at least one digital access unit configured to 

communicate with the plurality of remote radio units; 

[1C] translating the uplink and downlink signals between RF and 

base band; 

[1D] packetizing the uplink and downlink base band signals, 

wherein the packetized signals correspond to a plurality of carriers, 

each remote radio unit configured to receive or transmit a 

respective subset of the plurality of carriers;

[1E] routing and switching the packetized signals among the 

plurality of remote radio units via the at least one digital access 

unit; 

6 See e.g., https://www.commscope.com/press-releases/2015/verizon-wireless-vets-ion-eenterprise-wireless-solution-from-commscope (last visited May 25, 2023).

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[1F] reconfiguring at least one of the plurality of remote radio unit 

by increasing or decreasing the number of carriers in the respective 

subset of the plurality of carriers; and thereafter 

[1G] routing and switching the packetized signals among the 

plurality of remote radio units via the at least one digital access 

unit according to a result of the reconfiguring. 

35. On information and belief, and to the extent the preamble is limiting, Verizon’s 

LTE and 5G networks meet the preamble of claim 1 of the ’171 patent because CommScope’s 

ION®-E/ERA platform routes and switches signals. For example, the central area node (CAN) in 

CommScope’s ION®-E/ERA is “located at the campus or building head-end. It digitizes baseband 

RF signals, combines signals from different operators and distributes them throughout a building 

or campus.”7

 Thus, the Verizon CommScope ION®-E/ERA is a system that when executing meets 

the preamble, “routing and switching signals.” 

36. On information and belief, Verizon’s LTE and 5G networks, which include 

CommScope’s ION®-E/ERA platform, meet claim element [1A] of claim 1 of the ’171 patent 

which recites “providing a plurality of remote radio units, each remote radio unit configured to 

transmit one or more downlink signals and to receive one or more uplink signals”. 

37. Verizon’s LTE and 5G networks include a plurality of remote radio units, each 

remote radio unit configured to transmit one or more downlink RF signals and to receive one or 

more uplink RF signals. For example, CommScope’s ION®-E/ERA platform includes “[a] range 

of remote access points that convert the digital signal back to radio frequency (RF).”8

38. On information and belief, Verizon’s LTE and 5G networks, which include 

CommScope’s ION®-E/ERA platform, meet claim element [1B] of claim 1 of the ’171 patent 

7 https://www.commscope.com/product-type/in-building-cellular-systems/distributed-antennasystems-das/era/ (last visited May 25, 2023). 

8 Id.

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which recites “providing at least one digital access unit configured to communicate with the 

plurality of remote radio units.” 

39. Verizon’s LTE and 5G networks provide at least one digital access unit configured 

to communicate with the plurality of remote radio units. For example, CommScope’s ION®-

E/ERA platform consists of Central Area Nodes, Transport Extension Nodes, and Access Points. 

The Central Area Node “digitizes baseband RF signals, combines signals from different operators 

and distributes them throughout a building or campus.”9 The Transport Extension Nodes 

“distribute signals to access points throughout a floor or building,”10 in addition to the “remote 

access points that convert the digital signal back to radio frequency (RF) for over-the-air 

transmission.”11

40. On information and belief, Verizon’s LTE and 5G networks, which include 

CommScope’s ION®-E/ERA platform, meet claim element [1C] of claim 1 of the ’171 patent 

which recites “translating the uplink and downlink signals between RF and base band.” 

41. On information and belief, Verizon’s LTE and 5G networks translate the uplink 

and downlink signals between RF and base band. For example, CommScope’s ION®-E/ERA 

platform “digitizes baseband RF signals”12 while the Access Points convert between RF and digital 

signal in the uplink.13

42. On information and belief, Verizon’s LTE and 5G networks, which include 

CommScope’s ION®-E/ERA platform, meet claim element [1D] of claim 1 of the ’171 patent 

9 https://www.commscope.com/product-type/in-building-cellular-systems/distributed-antennasystems-das/era/ (last visited May 25, 2023). 

10 Id.

11 Id.

12 https://www.commscope.com/globalassets/digizuite/2461-era-c-ran-antenna-system-br112083-en.pdf (last visited May 25, 2023) 

13 Id.

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which recites “packetizing the uplink and downlink base band signals, wherein the packetized 

signals correspond to a plurality of carriers, each remote radio unit configured to receive or 

transmit a respective subset of the plurality of carriers.”

43. On information and belief, Verizon’s LTE and 5G networks packetize the uplink 

and downlink base band signals, wherein the packetized signals correspond to a plurality of 

carriers, and each remote radio unit is configured to receive or transmit a respective subset of the 

plurality of carriers. For example, CommScope’s ION®-E/ERA platform within Verizon’s LTE 

and 5G networks packetize signals for transport over CAT6A and Fiber LAN cables to the Access 

Points.14

44. Furthermore, on information and belief, Verizon’s LTE and 5G networks configure 

each remote radio unit to receive or transmit a respective subset of the plurality of carriers. For 

example, CommScope’s ION®-E/ERA marketing materials explain: “[W]e can send any signals 

to any of the UAPs. ... The UAP can have only one assigned signal set. So we create signal sets 

from Zone 3, Zone 2 and Zone 1, and the signals that ... comprise[ ] the signal sets are different 

based on these operators. So this would be the way we do that. We, for example, create a new 

signal set called Zone 1 and then select which channels go to ... that signal set. And we do Zone

2 and Zone 3. So we can have the same sectors, same signals in multiple signal sets but only one 

signal set can go to any of the UAPs. You can either send the Zone 1, Zone 2, Zone 3 signal set ... 

directly to a TEN, then it will be automatically be distributed to all of the UAPs that are connected 

to that TEN. This is probably how you would do that in most cases where you have a zone driven 

14 https://www.commscope.com/product-type/in-building-cellular-systems/distributed-antennasystems-das/era/ (last visited May 25, 2023). 

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by a TEN.”15 As a result, CommScope’s ION®-E/ERA platform is configured to receive or 

transmit a respective subset of the plurality of carriers. Therefore, on information and belief, 

Verizon’s LTE and 5G networks, which include CommScope’s ION®-E/ERA platform, meet 

claim element [1D] of claim 1 of the ’171 patent. 

45. On information and belief, Verizon’s LTE and 5G networks, which include 

CommScope’s ION®-E/ERA platform, meet claim element [1E] of claim 1 of the ’171 patent 

which recites “routing and switching the packetized signals among the plurality of remote radio 

units via the at least one digital access unit.”

46. On information and belief, Verizon’s LTE and 5G networks route and switch the 

packetized signals among the plurality of remote radio units via the at least one digital access unit 

as explained above in paragraph 35. Specifically, upon information and belief, the CAN routes and 

switches the packetized signals – in the downlink it routes and switches packetized signals from 

the operator’s network to the Access Points and in the uplink the CAN routes and switches 

packetized signals from the Access Points to the operator’s network as shown in the figure below. 

Thus, on information and belief, CommScope’s ION®-E/ERA platform meets claim element 1[E] 

of claim 1 of the ’171 patent. 

15 See, e.g., Webinar Introduction to ION-E, Telecom Knowledge Share, Published July 22, 2016, 

available at https://www.youtube.com/watch?v=Kmw2qMlgLrU (“Webinar Introduction to ION 

E”).

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16

47. On information and belief, Verizon’s LTE and 5G networks, which include 

CommScope’s ION®-E/ERA platform, meet claim element [1F] of claim 1 of the ’171 patent 

which recites “reconfiguring at least one of the plurality of remote radio units by increasing or 

decreasing the number of carriers in the respective subset of the plurality of carriers.” 

48. On information and belief, Verizon’s LTE and 5G networks reconfigure each 

remote radio unit by increasing or decreasing the number of carriers in the respective subset of the 

plurality of carriers. For example, CommScope’s ION®-E/ERA platform can dynamically adjust 

system resources to maintain efficiency. CommScope’s marketing materials describe how radio 

resources can be assigned to radio access points when the majority of users move from one place, 

like a university classroom, to a second place, like university residences:17 

16 https://www.commscope.com/product-type/in-building-cellular-systems/distributed-antennasystems-das/era/ (last visited May 25, 2023).

17 See, “CommScope EraTM C-RAN Antenna System,” 

https://www.youtube.com/watch?v=uBRDL7a8_8g (last visited May 25, 2023) (annotation 

added). 

ERAandlON-E 

ERA is an eictension of the hardware and software architecture that CommScope originally introduced as ION·E. Going forward, all new systems are ERA. Since tON·E and ERA share 

the same hardware modules, system software and management systems, existing ION·E systems can be updated and expanded using ERA components 

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49. Moreover, the same marketing materials describe how sectors can be remapped 

where radio resources are needed most:18

50. Consequently, on information and belief, CommScope’s ION®-E/ERA platform 

18 Id (annotation added).

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Case 2:23-cv-00245-RWS-RSP Document 1 Filed 05/30/23 Page 14 of 19 PageID #: 14
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reconfigures each remote radio unit by increasing or decreasing the number of carriers in the 

respective subset of the plurality of carriers.

51. On information and belief, Verizon’s LTE and 5G networks, which include 

CommScope’s ION®-E/ERA platform, meet claim element [1G] of claim 1 of the ’171 patent 

which recites “routing and switching the packetized signals among the plurality of remote radio 

units via the at least one digital access unit according to a result of the reconfiguring.” 

52. On information and belief, Verizon’s LTE and 5G networks route and switch the 

packetized signals among the plurality of remote radio units via the at least one digital access unit 

according to a result of the reconfiguring as described above for element [1-E]. Specifically, upon 

information and belief, the CAN routes and switches the packetized signals – in the downlink it 

routes and switches packetized signals from the operator’s network to the Access Points and in the 

uplink the CAN routes and switches packetized signals from the Access Points to the operator’s 

network as shown in the figure above.19

53. Accordingly, on information and belief, Verizon’s LTE and 5G networks, which 

include CommScope’s ION®-E/ERA platform, meet all elements of, and therefore infringe at least 

claim 1 of the ’171 patent. 

54. On information and belief, CommScope has induced infringement of at least claim 

1 of the ’171 patent by Verizon pursuant to 35 U.S.C. § 271(b), and committed contributory 

infringement of at least claim 1 of the ’171 patent pursuant to 35 U.S.C. § 271(c), by providing the 

hardware and software necessary for Verizon to perform the claimed method, along with 

instructions that induce Verizon to perform the claimed method. 

19 https://www.commscope.com/globalassets/digizuite/939032-era-ordering-guide-nar-co116299-en.pdf (last visited May 25, 2023). 

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55. On information and belief, CommScope takes active steps to induce infringement 

of at least claim 1 of the ’171 patent by Verizon, knowing that those steps will induce, encourage, 

and facilitate direct infringement by Verizon in violation of 35 U.S.C. § 271(b). Such active steps 

include, but are not limited to, providing Verizon with instructions on the use of the abovedescribed routing and switching feature, and participating in the installation, configuration, 

operation, and maintenance of the ION®-E/ERA platform in Verizon’s network specifically for 

the purpose of performing the infringing methods.

56. On information and belief, CommScope knew or should have known that such 

activities induce Verizon to infringe at least claim 1 of the ’171 patent by using the accused systems 

from at least the date of the filing of this Complaint.

57. On information and belief, CommScope also contributes to the infringement of at 

least claim 1 of the ’171 patent by Verizon in violation of 35 U.S.C. § 271(c). Acts by CommScope

that contribute to the infringement of Verizon include providing ION®-E/ERA platform hardware 

and software modules that comprise the above-described distributed antenna system. The accused 

hardware and software are especially adapted for use in the infringing distributed antenna system, 

and they have no substantial non-infringing uses. On information and belief, CommScope knows 

or should know that such activities contribute to Verizon’s infringement of at least claim 1 of the 

’171 patent by using the accused system.

58. At least as early as of and by way of this Complaint, CommScope knows of the 

’171 patent and performs acts that it knows, or should know, induce and/or contribute to the direct 

infringement of claim 1 of the ’171 patent by Verizon. Thus, CommScope is indirectly liable for 

infringement of at least claim 1 of the ’171 patent pursuant to 35 U.S.C. §§ 271(b) and 271(c).

59. Verizon and CommScope undertook and continue their infringing actions despite 

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an objectively high likelihood that such activities infringe the ’171 Patent, which has been duly 

issued by the PTO and is presumed valid. Moreover, the PTAB has denied institution of at least 

one petition for inter partes review of the ’171 patent.

20 For example, since at least the filing of 

this Complaint, Verizon and CommScope have been aware of an objectively high likelihood that 

their actions constituted and continue to constitute infringement of the ’171 Patent and that the 

’171 Patent is valid. On information and belief, Verizon and CommScope could not reasonably, 

subjectively believe that their actions do not constitute infringement of the ’171 patent. Despite 

that knowledge and subjective belief, and the objectively high likelihood that their actions 

constitute infringement, Verizon and CommScope have continued their infringing activities. As 

such, Verizon and CommScope have willfully infringed and/or will continue to willfully infringe 

the ’171 patent.

60. As a result of Verizon’s and CommScope’s infringement of the ’171 patent, Dali 

has suffered and continues to suffer substantial injury and is entitled to recover all damages caused 

by Verizon’s and CommScope’s infringement to the fullest extent permitted by the Patent Act, 

together with prejudgment interest and costs for Verizon’s and CommScope’s wrongful conduct.

61. Dali has no adequate remedy at law to prevent future infringement of the ’171

patent. Dali suffers and continues to suffer irreparable harm as a result of Verizon’s and 

CommScope’s patent infringement and is, therefore, entitled to injunctive relief to enjoin 

Verizon’s and CommScope’s wrongful conduct.

20 See IPR2020-01432, Paper No. 16 (decision denying institution).

Case 2:23-cv-00245-RWS-RSP Document 1 Filed 05/30/23 Page 17 of 19 PageID #: 17
18

PRAYER FOR RELIEF

WHEREFORE, Dali respectfully requests judgment against Defendants as follows: 

A. that this Court adjudge that Verizon and CommScope, to the extent not enjoined,

infringe the ’171 patent; 

B. that the Court enter an injunction prohibiting Verizon, CommScope, and their 

agents, officers, servants, employees and all persons in active concert or participation with Verizon

or CommScope from deploying, operating, maintaining, testing, and using distributed antenna 

systems and/or small cell wireless solutions in Verizon’s LTE and 5G Networks, including 

CommScope’s ION®-E/ERA products, and from otherwise infringing any of the Patent-in-Suit; 

C. that this Court adjudge that Verizon and CommScope, to the extent not enjoined,

willfully infringe the ’171 patent and award treble damages; 

D. that this Court ascertain and award Dali damages under 35 U.S.C. § 284 sufficient 

to compensate for Defendants’ infringement, including but not limited to infringement occurring 

before the filing of this lawsuit;

E. that this Court ascertain and award Dali any post-judgment ongoing royalties under

35 U.S.C. § 284 as may be appropriate; 

 F. that this Court award Dali any applicable pre-judgment and post-judgment interest;

 G. that this Court award Dali such other relief at law or in equity as the Court deems 

just and proper. 

JURY DEMAND

Dali requests that all claims and causes of action raised in this Complaint against 

Defendants be tried to a jury to the fullest extent possible. 

Case 2:23-cv-00245-RWS-RSP Document 1 Filed 05/30/23 Page 18 of 19 PageID #: 18
19

Date: May 30, 2023 Respectfully submitted,

FOLIO LAW GROUP PLLC

/s/ Cristofer Leffler w/permission Claire Henry 

Cristofer I. Leffler, WA Bar No. 35020 – LEAD 

ATTORNEY

David Schumann, CA Bar No. 223936 

Stefan Szpajda, WA Bar No. 50106 

Palani P. Rathinasamy, CA Bar No. 269852 

Cliff Win, Jr., CA Bar No. 270517 

FOLIO LAW GROUP PLLC

1200 Westlake Ave. N., Suite 809 

Seattle, WA 98109 

Tel: (206) 880-1802 

Email: cris.leffler@foliolaw.com

david.schumann@foliolaw.com

stefan@foliolaw.com

palani@foliolaw.com 

cliff.win@foliolaw.com

Joseph M. Abraham, TX Bar No. 24088879 

FOLIO LAW GROUP PLLC

13492 Research Blvd., Suite 120, No. 177 

Austin, TX 78750 

Tel: (737) 234-0201 

Email: joseph.abraham@foliolaw.com

Andrea L. Fair, TX Bar No. 24078488 

Claire Abernathy Henry, TX Bar No. 24053063 

WARD, SMITH & HILL, PLLC

1507 Bill Owens Pkwy. 

Longview, TX 75604 

Tel: (903) 757-6400 

Email: andrea@wsfirm.com 

claire@wsfirm.com

Attorneys for Dali Wireless, Inc.

Case 2:23-cv-00245-RWS-RSP Document 1 Filed 05/30/23 Page 19 of 19 PageID #: 19