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    Malaysian statement of claim

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    2014.06.23 Statement of Claim (as-Filed)

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    Malaysian statement of claim

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    65 views34 pages

    2014.06.23 Statement of Claim (As-Filed)

    Uploaded by

    abd
    Malaysian statement of claim

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 34
    INTHE HIGH COURT OF MALAYA AT KUALA LUMPUR. (COMMERCIAL DIVISION) sumrno; BETWEEN ‘Velugo Infrastructure, Tne. (A corporation incorporated under the laws of State of Delaware, United States of America) Plant AND 1, ZTE Malaysia Corporation Sdn. Bhd (Malaysian Company Registration No. 6£2514NX) 2. ZTE Corporation (Chinese Company Registration No, 440301103852869) _.., Defendants STATEMENT OF CLAIM ‘The Plaitist 1, ‘The Plaintiffs a company incorporated under the laws ofthe Uniod Stats, inthe State fof Delaware, with its registered address at 1811, Silverside Road, Wilmington, Delaware 19810 New Castle County, United States of Americ, and its business address st 780, 15" Floor, Th Avenue, New York, NY 10017, SW vicrausTex? 2 The Plentifis engaged in the innovation and development of tlesommunication technologies and intellectual propety, The Plainti's intlloctual property potftio consists of more than $00 patets and pate applications covering technologies Perttinng to telecom insite and cellar commuication. The Piitift engaged in resoarch snd development relate to cognitive redo texinology. ‘The Defendants 3, The First Defendant (herenglr refered t0 as “the 1* Defendant’) 6 4 company {ncororat under the Companies Ast 1965 with a registered address at 372, 1" Floor, Jon Tuanku Abdul Rahman, 50100 Kuala Lumpur, and ts busines adress at Level 20001, Menara Citibank, 165, alan Ampang, $0450 Kusla Lumpur. The 1 "Defendant is ‘wholly-owned by the 2” Defendant. 4 The I" Defendan’s nature of busines isto develop integrated telecommunication networking solutions and is related software for Hxed, mobile, date and telephone etworking as well as proving tinng ad it reited services. Ammon. othe things, the 1* Defendant imports, saplic,sels andor offs forsale in Malaysia intatructre equipment andlor other wicess communication devices tht are mansfctaed and supplied by the 2" Defendant 5. The Second Defadent (hereinafter refered to as “he 2" Defendant”) i & company {incorporated under the laws ofthe People's Republic of China wih ts registered and business address at ZT Plazs, Keji Road South Hi-Tech Industral Park, Nenshan District, Shenzhen, Guangdong 518057, PRC. snvicT2XxeTexT 6. The 2* Defendant isthe sole shareholder ofthe 1" Defendnt. 7. The 2® Defendant ison international operating company and is one of tho largest manuftcers of clllr telecommuniction systom and rented instructs. It focuses on the development, production, and distribution of devies and cellular ‘elocommunicstions network equipment in the field of telcommunicaions and networks, Among oter things, i mamfctres, exports, suppl, slls andor ofts for sale in Chins, Malaysia end globally, cellular telecommunication systems and related inffatrucure, 8. The 2" Defendant operstes in Malaysia through the I* Defendant by supplying, sling and or offering for sale intastructure equipment and/or other wireless communiction devices to the 2 Defeadant. The I* Defendant and the 2% Defendant are hereinater collectively referred to a “the Defiant” 9, The Plaintiff i the propristor of valid end sbsistng Milaysign Patent No. MY- 142706-A (hereinafter refed to a8 “tho MY-705 Patent) Sled on 28.10.2005 and chiming the priority date of 3.11.2004 ftom Switzerland Patest Application No, 2004/003890. The M-706 Patent was granted by the Malaysian Patent Ofies on 31.12.2010 and wil only expire on 2810-2025, The nual maintenance (renew fees for the MY-706 Patent ve besn duly paid ntl the team ending on 31.12.2014. ‘Thereafter, with conned payment ofthe annual msitesance fs, the MY-706 Patent, ill continue to remain in ore units expiry date of 28.10.2025, swvrerouerex? 10. ‘The Plaintiff was recorded on 184.2013 by the Malaysian Patent Office as the _ropictor ofthe MY-706 Patent by reason of an assignment fom its parent company, ‘Vringo ine. Tho ssid essigament tothe Plaintiff included an assignment of ight o sue ‘or past, present and frre intingement snd to collet damage, injunctive relief and otter remedios.Vringo Ins. had eat, hy virtue of an atigament, acquired all he rights, title and interest inthe MY-706 Patent fim Nokia Corporation, which was the ‘orginal ptence ofthe MY-706 Patent, fo he resinng tem of the MY-706 Patent inching rights to sue fr past, present and future infingement ad to colet damages, Injunctve relief and al other romedio arising ftom the MY-706 Patent 11, As the proprietor ofthe MY-706 Patent, the Plaintiffs ented to th exclsive rights in ‘Malaysia to exploit the claimed invention of the MY-706 Patent by making, importing, offring for sale, sling andor using, and or stocking for the purpose of offering for sale, selling or using any product andor methods claimed by the MY-706 Patent. 12, The MY-706 Patent is fr an invention entitd “Inter. System Hand-Over of a Mobile ‘Terminal Operable witha First and a Second Radio Access Network” 13. More patculatly, the MY-706 Patent relates to an improved ister system handover of a ‘mobile terminal fom a fist radi access nacwork o second radio access nctwork in & communication network, SWVTCTDUBTEX? 16 Patent 14, The MY-706 Patent relates to an inter-sytem handover ofa mob enna cessing & communication network va a raio acces network often refered to a8 a"RAN") of frst type, said handover being a handover of sid mobile terminal om a radio acess network of sald Et type toa radi ecess network of veoond type 15, Mobile teminal, which would inclde motile phone handsets and also refered to as “ser equipment” (UE), are connected to radi acess networks when in we, Examples of radio access networks in use in Malaysia ae 2G (Second Generation) radio aosss nctwork, 36 (Third Generation edo access networks nd 4G LTE Pout Generation Long Term Evolution) radio acess networks. 16. A20 handset sable 1 connect to 8 26 radio access network. A 30 handset is able to connect to #30 radio access network Ifthe 3G handset fa dul mode handset (in ft 1most 3G handsets in Malaysia are dual mode handsets), it snot only se to comet to 3G radio access network but i also "backwards compatible” wih a 2G radio access network This isso that the said 30 handset wil beable o operate on 8 2G radio access nctwork when, for example, a 3G radio access network signal is not availble, Siar 1 ml-mode 4G handset i able fo connect a 4G radio acess network, a i lso ‘ecwards compatible wih 36 andlor 26 radio acess networks forthe same ad other reasons. In industry parlance, the ac of switching fom one type of rio access network to another type ofradio access network is termed an inter-system handover” SW vicTzxieTex? 17, Aninter-system handover of mobile terminal may occur fom a lower generation radio sccess network fo higher generation access network (such as ffom & 2G radio accest ‘network to a 3G radio sccess network, or fom a 3G radio access network to # 4G LTE, radio access network), Conversely, an inter-system handover of « mobile terminal tay also oowur fom e higher goneration ati scses actor oa lower generation acres network (uch as fom a 3G radio secs network oa 2G mio access nebo, or fom 8 4G LTE ratio access network to & 30 radio access network). One ofthe tecinial { features implemented by the Defendants! ininging products is "Circuit Switched FalBack" CSFB") which relates to the way in which 4G LTE mobile terials connected to 4G LTE network infastucture using 40 LTE service ae able to Tall | back’ fom 4G LTE service to that of 3G or 2G service in order to make voice cals. 1, Por we py ate of te M706 Pua, ino ineoxen notes ot | ik omiolsware dele by th communal nwa Th veto of 10.06 Pate sberinpvenes 6 nro Made i omen | seek whos ener ey ft ret sev: For oh | ssa al fom si obi ei or anni sl ei ob tea hen he bie emi ao sprt ogig rnin il on radio access network iti currently connected to 19. The MY-706 Patent comprises a total of thirty (30) chins of which Claims 1 and 14 are independent method claims, Claims 18, 19,23 snd 27 ate independent epparatsciins. SW V7CTZX.0TEXT Infeingement af the MY.706 Patent by the Dsfondanis 20. The Defendants have joiatly andor severally ings a eased the infringement of or tieatened to ining the invention disclosed in atleast Clim 23, Chim 14 andlor (Claim 17 ofthe Panis MY-706 Ptet by, importing, supplying, seling, offering for sel, anor stocking for parposs of slog or offering for sale in Malaysia 4G LTE {nffastructure equipment without any lawful authorization from the Plait 21, Claim 23 of the MY-706 Patent isan independent claim and is directed 19 network. ally enabled for tiggering an inte-system handover within 2 communications network and fered a fellows “Network ently enabled for triggering an intersyem handover within a communication network of which said network entiy & a part, wherein a ‘ronamision is received from a mobile terminal operable wih at lest 6 radio acces networkof fet ype and a radio access network of second ype forming sid commanicationnetsork, characterized in that sald neworc ent is adapted 1o trigger said intersytem handover to said radio access network of sald second ‘ype, response to said tranamission from sid mobil terminal accessing sald communication netnor via said radio acess network of sald ft tps, wheretn said tranomiston includes information including atleast ons bearer capably ‘el, which indiats that a requested service ts only operable with said radio acess network of said second np.” SI vicTaxierex? (Clim 14 of the MY-706 Patent is an independent claim and is diected to a method of inition, at a network entity, of an inter-system handover within & communication ‘network andi ead as follows “Method of inition an intersytom handover of a mobile trminal accessing & communication ner, wherein said communication nepvork comprises of last a radio access network ofa fst ype and a radio acess nenork ofa second Bpe, ren sald motile terminal i capable of operating ina leat said radio networks of said frst pe and std second type, wherein sod method is characterised by Intaing at @ network entity of sid communication network said iterstem handover of said mobile terminal accessing sid communication network vie said radio access network of said frst ‘pe in response to recebving from said mobile {erminal information including at oat one bscrer capably ld indotng that a requested serice tx only operable ith said radio acces network of eld second _ (Cui 17 ofthe MY-706 Paton is dependent on anyone of Cini 1 to 16. Thus Clan 17s dependent on, inter alia, Cisim 14, Cam 17 is deste ata compute program product Its read as follows: “Computer program product comprising program code sections stored om a computerreadable medium for carrying out the respective steps of the corresponding method according to anyone of claims ! to 16, when said program code sections are ran on a processor based device associated eter withthe SN VrcTauBTexr 2s, robile terminal enabled for communication with sad communication network, oF ‘wth the neswork enti, reipectvly." The Defendants intend, unless restrained by this Honourable Cout, to emback upoa farther acs and activities of infingement ofthe MY-706 Patent ot continae with their preseat acts infringing upon the rights to exploit sid Pater acorded to the Paistf as y the Patents Act 1983. In particular, the Plainff contends a5 agnnst the 1 Defendant that it has intinged andlor enables tho infringement of or threatened to inftinge the Paints MY-706 Patent, by doing andor threatening o do the following acs of infingement: Particulars of Infringement of the I" Defend ‘Claim 23 of the MY.706 Patent 25.1 Subsequent othe grant ofthe MY-706 Patent and prior thease of the Wet in ‘io action, the st Defendant has, without the consent of the Pisintif, boon importing, soprlying, sling, offering for sale endor stocking forthe pusposes of sale or ofting forsale (hereinaer refered to as "the infinging ace”) infastructure equipment that ere 4G LTTE compliant and support Circuit Switched FallBack ("CSFB"), as disclosed in the MY-706 Patent to telecommunications service providers such as U Mobile Sdn Bhd (bercnafter refered to as “U Mobile”) sod DiGi Telecommunicstions Sdn Bhd, (hereinafter refered to as “DiOr” in Mataysia, SIN Wiew2xusrex? 25.2 By virtue of the infhinging acts in Paragraph 25.1 above, the Phstff contends thatthe 1 Defendant bas inffnged Claim 23 ofthe MY-706 Patent. 253 The importation, supply, sls offer for snl endor stocking for the purposes of sale or offering fr saleby the 1" Defendant of infastractre equipment that ace 4G LTB compliant and support CSFB is «ret or primary infingement of at Teast Claim 23 of the MY-106 Patent in that sid intastructre equipment consines « network entity for tiggeing an Sntc.system handover, within the ‘communication network proved by DiGi or U Mobil, ofthe mobile terminal ‘fom 2 4G LTE radio aces network t 930 rai acess network with all the features set outin suid Claim 23, 26, The Plaitff wil, pending ful discovery and for the time being, rely an te folowing evidence against the 1* Defndazt 26.1 The Plaintiff bas discovered thatthe 1* Defendant has placed job recruitment ‘dvertsements on various local websites or job portals online, including one tht is for "Undergraduate: JOB VACANCY FROM ZIB (MALAYSIA) CORPORATION SDN BHD.” os posted on University of Malaya’ web portal at ‘tpt. iktm.um edu mv/emodulesnewsaticle phy sorvide40 on 20.05.2014. The advertisement points to an image ink, which when opened is a scanned copy of a job advertisement flyer locking for people to join the "ZTE Group of Companies" and inviting applicants to send resumes to 2 zecomen ‘emul address, and to refer to the 2" Defendant's website for more information. ‘The opportunities available inlude "LTE RAN Engineer, “LTE RF Engi sod "Marketing Executive’, which are postions involved in the development, deployment and marketing of LTE inftstracture equipment in Malaya. Ie is evident fom the above thatthe 1" Defendant i atively engaging skilled workers ‘for the deployment of 4G LTE in Malaysia in conjunction with the 2" ‘Defendant's expansion plans 262 The Paintff has also discovered that the I" Defendant already has a number of personnel endfor skilled employees who are curertly employed a pert of the Defendants’ 4G LTE inftstrcture equipment seles, deployment and support activites in Malaysia, This inciudes ore Firdaus Mustafa ("Mustain), whose profile is found on the social networking site Linkedin at mp. Linkedincom/publficaus-mustaf/46/575/194, Mustafa appears to bea network engineer employed with the * Defendant who appear to be working on and/or tas worked on "Digt LTE new site project” He is alo involved in the ‘reparation of the eNodeB scrip, the working software that controls the base stations transiting LTE signals, which are manufactured by the 2° Defendant, ‘These activites appear to be within the responsibilities sot out by the 1* Defendant's job advertisement set out at paragraph 26.1, and supports the allegation that the 1% Defendant as been providing instalation and support services for DiGi in reiton to the infinging 4G LTE inffastructure equipment ‘bat has been provied to DiGi bythe Defendant 263 ‘The Plantf? has further discovered thatthe I* Defends has lndged a number of applications for the certification of telecommuniation-related products with the Malaysian Standards and Industrial Research Institute of Malaysia (SIRIM) SN vicr2ueTex? ‘wherein a mamber of product modes used inthe transmission and reception of 4G [LTE trmsmisson are Sound, mame the following: @ ZxuNumac; () ZXWN MSCS (also knovnas Mobile Switching Center Serve) and/or (© 2xSDRBED00, 264 The Plan would free rely on the results of testing peommed by Ranésl Gate Sdn Bhd (Rendall Gates, an iavetigaon fim engaged by the Pints sotiitors, using LTE-epable handsets on DiGi's network and U Mobile's networkin the Klang Valley ates. Th tenting was onfucted through & computer installed with an industrystandard diagnostic software fom JDS Uniphase Corporation ("DSU") connected to various LTE-capeble handsets Which were tested on the 4G LTE service ftom the two afbresaié network providers DiGi nd U Mobile, 265 On 55.2014, 2852014 and 295.2014 a seis of tas were performed by Ng Pey ‘Yoke Ne") of Randell Gateskil on a LTE-cepable handset connecied to the DiGi networks AG LTE seve in Berjaya Times Square, Kuala Lampur, hoae calls were made to and reosived by the LTE -capabloundset whilt the handaet ‘was connected othe JDSU software which recorded signals being sent between the LTE-cepeble handset andthe DiGi 4G LITE network, sw vrcr2xseTeX7 16.5 Ansys of the signals between the LTE-capble handstand the DiGi AG LTE eswore showed that before each voice call was setup, the Extended Service Request message, ncding a request for CSFB, was observed being Set to the DiGi 4G LTE network fom the LTE-capeble ante. The mobile terminal was then handed over from th 40 LTE network to the 3G ntwerk and the voice calls wor established, The data captured by the JDSU software during the mobile originated voice call an the mobile terminsted voice call was downloaded to the computer of the Plsintif' analyst, Jay Bhatia (Bhatn") for futher analysis, ‘bata’ anelyisroveaed that the DIGi AG LTE network does implement CSFB. 26.7 A-caies of tots were also performed by Ng on the U Mobile network using a [LTE-capable handset wit a SIM caré Som U Mobil on 28.5:2014 and 29.5:2014 in Berjaya Times Square, Kula Lumpur. Phone els were rade to and recived by the LTE-capable handset An Extended Service Request message, iclading ress or CSFB, was observed being sotto the U Mobile network, The mobile tecminal was then handed over ftom the 4G LTE network to the 36 network and ‘phone calls were esablishod. The data captured by JDSU during the mobile ignated voice cll nd the mobile terminated voie call was downloade to the computer of he Plait’ analy, Bhatia for father analysis. Bhatia's anaes -sovested thatthe U Mobile netwerks implemented CSFB. 27, The test seslts desribed in paragraphs 26.4 to 26.7 above confirm thet the 1* Defendant, by supplying U Mobile and or DiGi with 4G LTE infestrutare equipment as evidenced by the matters stout in paragraphs 26.1 to 26:3 above, infFinges atleast CCisim 23 of the M¥.706 Patest. The Plaintiff bas not on any cecasion previously or en vreTzsrox? ow, authorised or consented to the I* Defeadant importing, dstibuting, supplying, selling end/or offering forsale by way of trade or fr stocking any of the infastrcture equipment that are 4G LTE compliant and which support CSFB, ‘Chaim 14 ofthe M706 Patent 28, Farther or akemativly the importation, sappy, oer Sr sale snr stocking or the purposes of sale or oftxing for sle by the 1" Deftadetofinfastructure equipment ‘hat are 4G LTE compliant and soport CSFB (the evidence of which ha ben set out in paragraphs 261 10 26.7 above) enables infingement of at fast Claim 14 enor makes it ikely that an inhingonent of at last Claim 16 ofthe Plaintiff's MY-706 Patent would occur in that “The infastrectare equipment supplied, installed, servcod and or maintsined by the 1” Defendant and which constitutes a network entity of the DiGi or U Mobile communication network, perorms CSFB (a method of inition of an iter-system Inandove) of mobile terminal operating within the DiGi or U Motil cellar network (communication network) whith includes 4 4G LTE RAN (rio acces network of a frst ype) and a 2G/3G GSM/UMTS RAN (ndividualy, a radio access network of second tps), The Pain has not on any ocasion previously or now, ators or conseoted tothe I" Defendant porting, cstributing, upping, sling andlor oering for saleby way of ade ot for stocking ay of the inastroctre equipment hat are 4G LTE compliant and which support CSFB. ‘Gam 17 of the MY-106 Fatent 29. Further or atematvely, the importation, supply, clot for al andor stocking for the parpose fst or offering fo sale by the "Defendant of natn equipment (bat are 4G TE compliant and support CSFB (the evidence of which hasbeen et outa paragraphs 26. to 26.7 shove) eablsinfingement of atleast Claim 17 andor makes it Iely that an inngement of at last Claim 17 ofthe Paints MY-706 Patent ‘would occur in tht: Suid infestructore equipment constitutes a network entity asscited with the device ‘which rans the program code seins for carying out CSFB (@ method o nation of sn icteraystem handover) of a mobile terminal operating within cellar network (communication network) which includes a 4G) LTE RAN (radio acces network of a fist ype) and a 2636 GSMJUMTS RAN (individually, radio acess network of a second type). The Pint has not on any ocasion previously or now, authorised or consented tothe I" Defendant importing, cstribting, supplying, eeling andor ofeing ‘or slo by way of trade or for stocking any ofthe nfastractre oquipent that ae 4G [LTE complizt and which support CSFB, Standard Essential Patent 30. Infingement of at last Claim 23 andlor enablement of infingement or immineat intingement of Claim 14 andlor Cli 17 by instruct equipmeat thet are 4G LTE. compliant and which sopport CSFB, supplied by the Ist Defendant (evidence of which ‘na been set out in paragraphs 26.1 to 26:7 ove), ean further be inferred by the fact ‘hat 4G LTE compliance and CSFB are defied in vaio technical standards which are covered by the claims of the MY-706 Patent, said patent being standard estenial sw vicrexierox? patent, A standard essential patent i patent tha elsims an invention tat rst be wed to comply with atechaical standard, 30.1 The operation of CSFB is define in various teshical standards: (@ ETSI TS 123.272, V8120 QOIZ0D, tiled "Digital celular telecommunications system (Phase 24); Universal Mobile ‘Telecommunications Syston (UMTS); LTE; Circuit Switched (CS) fll. back in Evolved Packet System (BPS); Stage 2 (SGPP TS 23.272 version 8.12.0 Release 8)" -herelnater esferred to ws *7S 23.272" (©) ETSI TS 124301, VB100 2011-06), tied “Universal Mobile ‘Telecommuniations System (UMTS); LTB; Non-Access Stratum (NAS) protocol for Evolved Packet System (EPS); Stage 3 (SGP TS 24.301 version 8.10.0 Release 8)" hereinafter refered to as "TS 24.301", (© ETSI TS 124008, 920 010-09, tiled "Digial cette ‘elecommunications system (Phase 24); Univeral Mobile ‘elecomunicatons System (UMTS) LB: Mobil aio interface Layer 3 speciation, Core network protocols; Stage 3 (SGPP TS 24.008 version 9.2.0 Release 9) hereinafter refered to as: "$24,008"; (@ BISI TS 123.401 V103.0 (2011-03), tiled "LTE; General Packet Radio Service (GPRS) enhancements for Evolved Universal Terestrial Radio sn vicvzxierex? ‘Access Network (E-UTRAN) access (GPP TS 23.401 version 103.0 ‘Release 10)" hereinafter efered to as “TS 23.401"; and (© EIS! TS 123221 VI0.00 @O11-0, led “Digkal_ celular telecommsications aysom (Phase 243; Univeral ‘Mobile ‘Telecommuniations System (UMTS); LTE; Architectural requirements (@GPP 78 23.221 version 10.4.0 Release 10)" = orenaer refered to a8 ors 23220", 302 ‘Since the infastuture equipment suppliod by the 1" Defendant is 4G LTE compliant and supports CSFB, as shown by the evidece stout in paragraphs 26.1 10 26.7 above, i follows that the 1" Defendant's infastactze equipment must imploment the sbove identified standards. In implementing the above- ‘denied standards, al the claimed features of atleast Clim 23 ofthe MY-106 Patent woul! have to have been made use of bythe "Defendant's infastuctire cauipment, a will be adduced by the Paints expert evidence, Thus at least (Chim 23 of the MY-706 Patent would be dec intinged bythe I" Defendant's Infrastructure equipment 303 It can therefore be established, by reference to th relovant techies! standards, that al features oft Iast Clim 23 ae literally realized by the I" Defendant's 40 LIB infastuctre equipment 304 Enablement oF infingement of a lest Claim 14 sndlor Clim 17 ofthe M¥-706 ‘Potent by the I" Defendants infastructure equipment tht are 4G LTE compliant SIN vrcTzxierex? at. and support CSFB can further be inferred, just a inthe cate of Claim 23 by the {act that 4G LT compliance and CSFB are defined i various technical standards which ae captured by the MY-706 Patent, suid patent being a stundard essential patent ‘Tho Plaintis investigation with espest tho 1" Defendat'siningeneat reins ‘ongoing. Unt discovery is completed, the Plants unable to provide al particulars ofthe acs of infingement commited by the I" Defendant bu, presently, reserves to particulrig the 1" Defendant's futher and other acts of intingement post the discovery proces inthe course of eal management and sal, atthe ia of his ation, seek to recover fiom the 1" Defendant in respect ofall sec father and other sets of inBingement. Rartcolars of Infringement ofthe 2" Defendant (Clim 25,14 and 17 ofthe MY-706 Patent 31.1 Subsequent tothe grant of MY-706 Patent and prior to he issue ofthe Wri in this action, the 2 Defendant has, witout the consent of the Plintif, been importing, supplying, distributing, selling andor offering fr sale infastrcture equipment © telecommunictions service providers, such as U Mobile and DIGI, in Malaysia as disclosed in the MY.706 Pitot, including thor ht are 4G LTE conplint end supporting CSFB. Such importation, spply, distribution, sale and/or offer forsale have been made by the 2™ Defendant either by itself sadlor through the 1* Defendact, of which the 2" Defendant isthe sole shareholder. SI vicr2ueText 31.2. By vitue ofthe ifknging acts in paragraph 31.1 above he Plsntif contens that such acts ofthe 2 Defindant bas atlas infinged or has enabled inftingement cof Claim 23 andor bas enabled intingement of Claim 14 andlor Claim 17, ofthe MY-706 Patent, 31.3 The Plaintiff contends thatthe importation, suply, dstrbution, sale andlor offer {or sale in Malaysia by the 2* Defendant of infastrecture equipment tht are 4G [LTE compliant and support CSFB is a diect or primary infingement of at least (Chim 23 of the MY-706 Patent in that sald intastructure equipment constitutes & network eotty for triggering an imer-systom hendover, within the DiGi or U ‘Mobile communication network, of the motile terminal from 4G LTE radio access network to a 3G radio access network with al the fetares set ou in sid Chim 23, 31.4 Further or altematively, the importation, supply, distribution, sale andor offer for se in Malaysia by the 2 Defindent of nfastructure equipment that are AG LTE ‘compliant and support CSFB enables inthingement andlor makes it Hkely that an Inifingement ofa least Claim 23 ofthe Plintifs MY-706 Patent would occ in that ‘The 4G LTE infastracture equipment has been supplied bythe 2" Defendant to the 1* Defendant, of which itis the sole shareholder, and/or has in any other way boc made available by the 2 Defendant to the I" Defendant andor to ‘elecommunication sevice providers in Malaysia, sich es DiGi and U Mobi swvrcTzxieTex? ss Seid interact equpment constles network ently ofthe DiGi and U Mobile 4G LTE communication networks, and perfomns CSFB (0 method of ‘ntation ofan inter-system handover) ofa mobile tenia operating on the DIG and U Mobile 4G LTB cellular networks (communication network) which fncudes a 4G LTE RAN (radio access network of a frst ype) and a 2086 GSM/UMTS RAN (individually, radio access network of second typ). Parte o teratively, he importation, supply, distibution, sale andor oe for sale in Malaysia by tbe 2 Defendant of infarcts equipment, whether by isl or trough the 1* Defiant of which isthe sole haces, that ae 4G [LTE compliant and support CSFB cable inngement or makes aly tat an infingemeat of est Chim 14 of the Pits MY-706 Patent would occur in that: Seid nestrucure equipment cousttutes « network cathy of the DiGi and U [Mobile 40) TE comminiation networks, nd peconns CSFR (« method of inition ofan ite-system handoves) of « mobile terminal operating within the DiGi or U Mobile celuler network (communication network) which includes a 40 LTE RAN (radio access network ofa fist type) and @ 2G/3G GSM/UMTS RAN dividual, radio access network ofa second type). The Platt as not on any ‘occasion previously or now, authorised or consented to the 2°! Defendant importing, distributing, supplying, sling andor offering for see by way of trade or for stocking any of the infrastructure equipment that are 4G LTE compliant and Which support CSEB, SIN vicrZuaTex? 31.6 Further or semativly, th importation, uppy, sib, sale andlor offer fr sale in Maleysin by the 2 Defendant, wbatar by self or though the ‘Defendant of which itis the masor shareholder, offnfastucrare equipment hat se 4G LTE compliant and support CSFB exables ningoment or makes it likely ‘hat an iningerent oft least Claim 17 of te Plats M706 Patent would occur in thet mi instruct equipment const network ety asocitod ‘withthe device which ons the program code Seton or caying out tho CSFB (4 method of inttion an iter-system handove:) of a mobile terminal operating Within e cellar network (Communication network) which includes « 4G LTE RAN (dio occes network of a fst ype) and « 26/80 GSM/UMTS RAN (Gadividuaty, rio nocess network of second 1yp6), 32, The Plaintiff will, pending ful discovery end for the time being, rely on the following acts ofinstingement bythe 2 Defendant 32.1 Sometime on or about November 2013, the Pintif, though ite independent investigators in Chins, discovered atthe 2" Defendant's manuftetaring fallty number of products andlor equipment manufactured for Malaysian ‘elecommuniction companies. 322 The PlaintfT has also discovered that the 2" Defendant has placed job recruitment svertsements on various websites or job portals onlin, including one tha is for “LTE RAN (eNodeB) Engineer” as posted on Malaysian Multimedia University's ‘Faculty of Engineering portal. The job description for this poston ineledes coordinating internal and outsource teams in carrying out commissioning, a SIN vreT2KueTexT integration, Software upgrade, testing, cutove, and toubleshooting of LTE RAN (Code). On the same web posting thre is also another vacancy fr “Wireless Product Marketing Engineer (GSM/UMISILTE)", aod the 2 Defendant is seeking someone siled in 26 BSS (BTS & BSC), 3G RAN (NodeB & RNC), 4G eUTRAN (#NodeB) solution design & dimensioning, schteture (networking & interfices), features & Sanctions. “sNodsB i the name of one cas ofthe Defeadans' 4G LTE inastusture equipment which implemen CSFB and hence infbnges Clim 23 ofthe MY-706 Patent 323 The Plaintiff has also discovered tht the 2 Defendant already bas a number of personel snifr skied employees who are cusealy employed as pat of the Defendants’ 4G LTTE deployment activities in Malesia, This includes one Firdaus Mastafia (Mustefi"), whose profile is found on the socal networking site inked st hepsi i faus-mustafBVAG/STSH98, Mustafa appeus to be a network engineer employed withthe 1" Defendaat who sppers to be working on endfor fas worked on "Digi LTE new site projet. He is ako involved in the prepartion of the eNodeD script te working software that contols the base stations trnsmiting LTE signals, which are manufactured by ‘the 2" Defendant 324 The Plaintiff has discovered job recruitment advertisements plsced by the 1st Defendant on various focal website or job portals onling, inchuding one that is for “Undergraduate: JOB VACANCY FROM 218 (MALAYSIA) CORPORATION SDN BHD.” as posted on University of Malays's web portal st hips ktm.um ou myimodulesinewslaticle ip sonyiind06 on a sw vierzueTex? 20.05.2014. The advertisement points to an image Hk; which when opened is scanned copy of a job advertisement flyer looking for people t join the "ZTE Group of Companies" and inviting spplicants (0 send resumes to @ 2ecomen ‘email addres, and to refer tothe 2% Defendact’s website for more information. ‘The opportunites availble inchode "LTE RAN Engineer, “LTE RF Engineer" ond "Marketing Executive, which are postions involved in the development, eployment end marketing of LTE infasracture equipment in Malaysia, It is [evident from the above thet active engagement by the Ist Defendant of skilled workers for the deployment of 4G LTE in Malaysia isin conjunction with the Defendant’ expansion plas. 33. The Pleinti will also, pending full discovery and forthe time being, rely on the ‘bllowing publications on the 2"! Defendant's website and third party websites in support of the foregoing particlarsofinftingerent: 33.1 “DiGit The Smart Choice”, published on the 2" Defendants press mdi site at ‘ntp/wowen te com clendeta/magazine/ttechnologie/20[3/go6/artcles201 BLUA2O1SLL14 412705 hat ‘This article covers th interview of Ole Matin Gunildsbo, the Chief Technology Office of Digi who explains the collaboration between Dig and the 2" Defendant on the deployment of 4G :TE ia Malaysia, sWVTcTDUETOX? 332 "DiGi Appoints ZTE to Deploy LYE-ready Networ” published on the 2% Defendants press madia site at Intptworwen 2tecomesen/ress censrineis/2011047201}0428_ 351099 hem | ‘This article provides that DiGi Telocommunicatons Sd Bhi (DiGi) announced, in April 2011, the appointment ofthe 2° Defendant to build unified mobile network tht wil provide DiGi with filly transformed 2GISGI4G network starting third quarter of 2011. 383 “U Mobile 4G LTE Network goes tive, offers download speeds upto 7SMbps" at [ ‘hitp.ferww.analaysianwireless,com/2013/12/n-mobile-4g-Itenetwork-download- speods-TSuubps! { ‘This article provides that "U Mobile hasbeen esting LTE service wth ZTE for the ‘Past 3 years, The tial was eqpable of download speeds upto 100M” i 334 “DiGi Tomorrow Network is LTE-ceady" at gpd jewetcom/ig-iomonow-networclte 7717 | This article roves thatthe new equipment that DiGi is intalling on their mobile network busestton sites all over Milaysia will be ZTE Single RAN (Radio Access Network) boxes, and there is no longer «need for separate box Sor 2G & 3G network. The articles aso say thatthe ZTE box wil handle all 26, 36 and LTE network inthe ture. SINVTCTZXISTOX? 33.5 “ZTE Selected as Telenor’s New Main Value Added Service (VAS) Supplier in [ ‘the Nordic Region”, published on the 2" Defeadant’s pross media site at { This ace & quoted saying “During the Jest year ZTE has dentoped « Secon partnership vith the Telenor Gompf Api 201), Dig (hich so I nin of th Tenor Grp) sed ZB a ha nw le perfor \ ‘her new 20GAG network radi, core and ansmissionnebork * | 38.6 “ZTE Aims at Bigg Share in Neighbors, publiched onthe 2 Defendaat's press | media site at ‘This atte mentions tht in 2013, ZT had rolled out the commeci LTE | ewer fs DiGi, an very soon wll belp U Mobile lansch thei LE comme — | 533.1 “DNao: seven wih 15's SVP Gb Cote Sevce Xa Huu’, , published on the 2" Defendant's press media site at ‘ntpwoven ie com cn/endatelmagazin/setshralogis/201Ynu2/atiles/2013 | 3720130815 390223.hem1 ‘his article is on the interview with ZTE's SVP Gobel Customer Service Xa | ‘Huijun, who is quoted saying “DiGi is our main partner herein Malaysia and we swvicrzxeTex? ‘want to assure you that we wil! do whatever I takes to ensure we achive the ‘foals that we have set for ourselves. 1 have seen a much inproved working ‘elationship now ad hope DiGiens wl contin to lend ws ther support. Weare confident that upon completion ofthe network moderation exercise, the DiGi ‘network wll be the most advanced and bes network in Malaysia.” D'semo, a8 the tite of the aticle caries, rofur to the “DiGi Nework Modemization” that involves the deployment of4G LTE, bated on the anticle 33.4 above. 33.8 “ZTE Gains Top Telecommunicatons Award in Malaysia fom Fost & Sullivan" ‘Published onthe 2" Defendant's press media ste at Intent. com cen/ness_cente/news/20140520140591 424078.) 1s mentioned in this article thatthe 2" Defendant has won an industry award of “Mala Telecom Equipment Company ofthe Year” and it goes on to say how {hey ae a major vendor fo the Malaysia government in telecoms projects, and thei clionts incl DiGi and U Mobile. tn this arcle ZTB also refers to its ability to “offer unique value to customers to help ZTE win major contract in Malaysia delivering 4G LTE end network modernization techaologies to ceustomers 34. The Plistiff es not on any ovcasion previously or now, authorised o consented to the 2* Defendant importing, soplying dstbuting, selling and/or offering forsale by way of rade any of the infastructure equipment including those that are 40 LTE compliant nd supporting CSFB, SINVTCT2XUBTOX? ‘Standard Essential Patent 35, Iningement of ot leat Claim 23 endor enablement of inngement of Chim 23 and ‘or Cham 14 andlor Claim 17 by tho supply ia Malesia of 46 LTE iniastucure suipment by the 2 Defendant can futher be infeed by the fic tat 40 LTE compliance and CSFB are define in various technical standards which ae captured by ‘the MY-706 Patent, seid petent being a standard essential patent A standard esseatia! ‘alent i patent that clims an invention that must be used to comply wih ¢ technical Standard. The operation of CSFB is defined in various tecinicl standerds as set out in paragraph 30.1 above, 35. Since the infastructae equipment supplied or made avaiable by the Defendant is 4G LATE compliant and supports CSFB (evidence of which has been ‘set out in paragraphs 26.1 to 26:7 and 32 to 33 above, it follows that dhe 2 Defendant's infasiuctare equipment must implement the above-ideniied standards. In implementing the above-dentfed standards, the technical teachings ‘of least Claim 23 ofthe MY-706 Patent would have to be made use of by the 2” Defendants infasructure equipment, a will be adduced by the Plein ‘expert evidence. Ths at least Clim 23 ofthe MY-706 Patent woul be dxetly inffinged by the 2" Defendaats iaGastructure equipment 352 It can therefore be established that all features of at lest claim 23 ar literally realized by 2% Defeadant’s 4G LTE inffastructure equipment. However, the Plaintiff's investigation with repect tothe 2"' Defendant's inftingement remains ongoing SI VTCT2Xu8TGX7 353 Enablement of nfingemeat of st last Claim 14 andor Claim 17 of the MY-706 Patent by the "Defendants infastructure equipment that ere 4 TE compliant ‘0d support CSFB can farther be infeed, just as in the case of Clan 23, by the ‘tt that 46 LB compliance and CSFB are defined in various technical standards ‘hich ace caprued by the MY-706 Patent, sid patent beng a standard essential patent, 36. Until discovery is completed, the Plaintiff is unable to provide all patinlars ofthe acts of iningement committed by the 2" Defindant but, presently, reserve to patioulaize the 2" Defendan’s frther nd other acts of inftngement post the discovery proces in ‘the couse of trial management and shall, atthe ral ofthis action, eek to recover ftom (he Defendant in espect ofall suc further and other acts of iningement. ther Pending Litigation Proceeding 37. The 2" Defendant, whether by itself its directors or servants or agents, oF any others, is infringing various Standard Essential Patents (including the MY-706 Patent) and non- ‘Standard Essential Patents (eed “Implementation Patents") owned by the Paintff in

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