Vixs Systems v. Entropic Communications Et. Al.

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Christopher S, Marchese (SBN 170239)
E-mail: marcheseIr.com
Elizabeth Iglesias (SBN 267503)
E-mail: eiglesiasIr.com
FISH & RICHARDSON P.C.
12390 El Camino Real
San Diego, CA 92130
Telephone: (858) 678-5070
Facsimile: (858) 678-5099

Attorneys Ior PlaintiII VIXS SYSTEMS, INC.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

VIXS SYSTEMS, INC., a Canadian
corporation,

PlaintiII,

v.

ENTROPIC COMMUNICATIONS, INC.,
a Delaware corporation, DIRECTV LLC,
a Delaware corporation, WISTRON
CORPORATION, a Taiwanese
corporation, WISTRON NEWEB
CORPORATION, a Taiwanese
corporation, and CYBERTAN
TECHNOLOGY, INC., a Taiwanese
corporation,

DeIendants.

Case No.

VIXS SYSTEMS, INC.`S
COMPLAINT FOR PATENT
INFRINGEMENT

1URY TRIAL DEMANDED

PlaintiII ViXS Systems, Inc. (hereinaIter PlaintiII or 'ViXS) hereby Iiles
this complaint against DeIendants Entropic Communications, Inc., DirecTV LLC,
Wistron Corporation, Wistron NeWeb Corporation, and CyberTAN Technology,
Inc., and alleges on personal knowledge as to its own activities and on inIormation
and belieI as to the activities oI others, as Iollows:

'14CV0951 DHB JAH

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PARTIES
1. PlaintiII ViXS is a Canadian corporation with its principal place oI
business located at 1210 Sheppard Ave. E., Suite 800, Toronto, Ontario, Canada,
M2K 1E3.
2. DeIendant Entropic Communications, Inc. is a Delaware corporation
with a principal place oI business at 6290 Sequence Dr., San Diego, CaliIornia,
92121. Entropic is a provider oI semiconductor solutions Ior multimedia systems,
including SoCs and MoCA chips Ior use in set-top boxes, gateways, bridges, and
adapter devices that inIringe ViXS patents asserted in this action.
3. DeIendant DirecTV LLC ('DirecTV) is a Delaware corporation with
its principal place oI business at 2230 East Imperial Highway, El Segundo,
CaliIornia 90245, and is conducting business in this District. As part oI its business,
DirecTV provides customers certain set-top boxes, gateways, bridges, and/or
adapters that contain components provided by Entropic and inIringe ViXS patents
asserted in this action.
4. DeIendant Wistron Corporation ('Wistron) is a Taiwanese
corporation with its principal place oI business at 158, Singshan Road, Heihu,
Taipei, 11469, Taiwan, R.O.C. On inIormation and belieI, Wistron is conducting
business in this District. As part oI its business, Wistron designs and manuIactures
at least component and subsystem assemblies and/or printed circuit board ('PCB)
assemblies that contain components provided by Entropic and inIringe ViXS patents
asserted in this action.
5. DeIendant Wistron NeWeb Corporation ('WNC) is a Taiwanese
corporation with its principal place oI business at 20 Park Avenue II, Hsinchu
Science Park, Hsinchu 308, Taiwan, R.O.C . On inIormation and belieI, WNC is
conducting business in this District. As part oI its business, WNC designs and
manuIactures set-top boxes, bridges, switches, and/or adapters that contain
components provided by Entropic and inIringe ViXS patents asserted in this action.

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6. DeIendant CyberTAN Technology, Inc. ('CyberTAN) is a Taiwanese
corporation with its principal place oI business at 99 Park Avenue III, Hsinchu
Science Park, Hsinchu 308, Taiwan, R.O.C. On inIormation and belieI, CyberTAN
conducts business in this district. As part oI its business, CyberTAN designs and
manuIactures gateways, bridges, adapters, and/or circuit boards that contain
components provided by Entropic and inIringe ViXS patents asserted in this action.
7. As used herein, the term 'DeIendants means individually and/or
collectively Entropic, DirecTV, Wistron, WNC, and CyberTAN.
1URISDICTION AND VENUE
8. This Court has subject matter jurisdiction over the cause oI this action
pleaded herein under 28 U.S.C. 1331 and 1338(a) because the action concerns a
Iederal question arising under the patent laws oI the United States, including 35
U.S.C. 271.
9. Venue is proper in this judicial district under 28 U.S.C. 1391(b), (c)
and 1400(b) because, among other reasons, Entropic, DirecTV, Wistron, WNC, and
CyberTAN are subject to personal jurisdiction in this District and have committed
acts oI inIringement in this District, and at least Entropic and DirecTV each has a
regular and established place oI business in this District.
10. Upon inIormation and belieI, Entropic, DirecTV, Wistron, WNC, and
CyberTAN have placed inIringing products including accused products (exemplary
accused products identiIied below) into the stream oI commerce by shipping those
products into this District and/or by knowing that such products would be shipped
into this District. By shipping into, selling, oIIering to sell, and/or using products
that inIringe the patents-in-suit in this District, or by inducing or causing those acts
to occur, Entropic, DirecTV, Wistron, WNC, and CyberTAN have transacted and
continue to transact business and perIorm work and services in this District, have
supplied and continue to supply services and things in this District, have caused and
continue to cause injury and damages in this District by acts and omissions in this

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District, and have caused and continue to cause injury and damages in this District
by acts or omissions outside oI this District while deriving substantial revenue Irom
services or things used or consumed within this District, and will continue to do so
unless enjoined by this Court.
FIRST CLAIM FOR RELIEF
INFRINGEMENT OF U.S. PATENT NO. 7,301,900
11. The allegations oI Paragraphs 1-10 are incorporated herein by
reIerence.
12. ViXS is the owner by assignment oI all right, title, and interest in and
to United States Patent No. 7,301,900 entitled 'Method and Apparatus Ior Hub-
based Network Access via a Multimedia System (hereinaIter 'the `900 patent")
(Exhibit A), which was duly and legally issued on November 27, 2007.
13. DeIendants have made, used, oIIered to sell, and/or sold within the
United States, and/or imported into the United States, a range oI products that
inIringe claims oI the `900 patent, literally and/or under the doctrine oI equivalents,
in violation oI ViXS`s statutory rights. The inIringing products include, but are not
limited to, the Iollowing products: DirecTV Genie HR34 (believed to be
manuIactured at least in part by Wistron and/or WNC and/or CyberTAN), DirecTV
Genie HR24-100, DirecTV HR24-700 (believed to be manuIactured at least in part
by Wistron and/or WNC and/or CyberTAN), Wistron 4-port MoCA bridge, as well
as other products that incorporate Entropic MoCA chips, including the Entropic
EN2210, EN 2810, EN2710, EN2550, EN2510, EN3230, EN3530, EN730x, and
EN731x, as well as the Entropic Open RDK Ior SoCs, and including the Iollowing
Entropic boards: EN2710ECA, EN92710 SDK and EVK, EN2510 ECA, EN2510
WECA, EN2580 MBA, EN2580 WMBA, EN93011 SDK and EVK, EN93511 SDK
and EVK, EN93230 MDK. (collectively, 'Accused `900 Products).
14. DeIendants have induced and/or are inducing the inIringement oI the
`900 patent by making, selling, oIIering to sell, and/or importing into the United

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States Accused `900 Products that inIringe certain claims oI the `900 patent in
violation oI ViXS`s statutory rights. On inIormation and belieI, DeIendants were
aware oI the `900 patent prior to the Iiling oI this complaint, and, in any event, were
aware oI the `900 patent at least as early as the service date oI this complaint.
Moreover, on inIormation and belieI, DeIendants sold and/or oIIered Ior sale and/or
imported the Accused `900 Products, and are continuing to do so, to customers and
others speciIically intending to actively encourage such customers and others to use
the Accused `900 Products in the United States in a manner that DeIendants know
to be inIringing. On inIormation and belieI, those customers and others in Iact used
the Accused `900 Products in the United States in an inIringing manner.
15. DeIendants contributorily inIringe the `900 patent through their sale
and oIIers to sell within the United States and/or imports into the United States oI
components oI the Accused `900 Products and/or Accused `900 Products Ior use in
practicing a process, constituting a material part oI the `900 patent, knowing the
same to be especially made or especially adapted Ior use in an inIringement oI the
Asserted Patents, and not a staple article or commodity oI commerce suitable Ior
substantial noninIringing use. In addition, on inIormation and belieI, DeIendants
were aware oI the `900 patent prior to the Iiling oI this complaint, and, in any event,
were aware oI the `900 patent at least as early as the service date oI this complaint.
16. As a result oI DeIendants` unlawIul inIringement oI the `900 patent,
ViXS has suIIered and will continue to suIIer damage. ViXS is entitled to recover
Irom DeIendants the damages adequate to compensate Ior such inIringement, which
have yet to be determined.
17. DeIendants` acts oI inIringement oI the `900 patent herein have been
made, and/or are being made at the time oI service oI this complaint, with Iull
knowledge oI ViXS`s rights in the patent. On inIormation and belieI, DeIendants
have acted and/or are continuing to act despite an objectively high likelihood that
their actions constituted direct and/or indirect inIringement oI a valid patent, and, on

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inIormation and belieI, DeIendants knew or should have known oI that objectively
high risk. DeIendants` acts herein constitute willIul and deliberate inIringement,
entitling ViXS to enhanced damages under 35 U.S.C. 284 and reasonable
attorneys` Iees and costs.
18. DeIendants` acts oI inIringement have caused and will continue to
cause irreparable harm to ViXS unless and until enjoined by this Court.
SECOND CLAIM FOR RELIEF
reIerence.
to United States Patent No. 7,099,951 entitled 'Method and Apparatus Ior
Multimedia System (hereinaIter 'the `951 patent) (Exhibit B), which was duly
and legally issued on August 29, 2006.
inIringe certain claims oI the `951 patent, literally and/or under the doctrine oI
equivalents, in violation oI ViXS`s statutory rights. The inIringing products
include, but are not limited to, the Iollowing products: DirecTV Genie HR34
(believed to be manuIactured at least in part by Wistron and/or WNC and/or
CyberTAN), DirecTV Genie HR24-100, DirecTV HR24-700 (believed to be
manuIactured at least in part by Wistron and/or WNC and/or CyberTAN), Wistron
4-port MoCA bridge, as well as other products that incorporate Entropic MoCA
chips, including the Entropic EN2210, EN 2810, EN2710, EN2550, EN2510,
EN3230, EN3530, EN730x, and EN731x, and including the Iollowing Entropic
boards: EN2710ECA, EN92710 SDK and EVK, EN2510 ECA, EN2510 WECA,
EN2580 MBA, EN2580 WMBA, EN93011 SDK and EVK, EN93511 SDK and
EVK, EN93230 MDK (collectively, 'Accused `951 Products).

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States Accused `951 Products that inIringe claims oI the `951 patent in violation oI
ViXS's statutory rights. On inIormation and belieI, DeIendants were aware oI the
`951 patent prior to the Iiling oI this complaint, and, in any event, were aware oI the
`951 patent at least as early as the service date oI this complaint. Moreover, on
inIormation and belieI, DeIendants sold and/or oIIered Ior sale and/or imported the
Accused `951 Products, and are continuing to do so, to customers and others
speciIically intending to actively encourage such customers and others to use the
Accused `951 Products in the United States in a manner that DeIendants know to be
inIringing. On inIormation and belieI, those customers and others in Iact used the
Accused `951 Products in the United States in an inIringing manner.

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high risk. DeIendants' acts herein constitute willIul and deliberate inIringement,
THIRD CLAIM FOR RELIEF
reIerence.
to United States Patent No. 7,200,855 entitled 'Method and Apparatus oI
Multiplexing a Plurality oI Channels in a Multimedia System (hereinaIter 'the `855
patent) (Exhibit C), which was duly and legally issued on April 3, 2007.
inIringe certain claims oI the `855 patent, literally and/or under the doctrine oI
equivalents, in violation oI ViXS`s statutory rights. The inIringing products
include, but are not limited to, the Iollowing products: DirecTV Genie HR34
(believed to be manuIactured at least in part by Wistron and/or WNC and/or
CyberTAN), DirecTV Genie HR24-100, DirecTV HR24-700 (believed to be
manuIactured at least in part by Wistron and/or WNC and/or CyberTAN), Wistron
4-port MoCA bridge, as well as other products that incorporate Entropic MoCA
chips, including the Entropic EN2210, EN 2810, EN2710, EN2550, EN2510,
EN3230, EN3530, EN730x, and EN731x, and including the Iollowing Entropic
boards: EN2710ECA, EN92710 SDK and EVK, EN2510 ECA, EN2510 WECA,

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EN2580 MBA, EN2580 WMBA, EN93011 SDK and EVK, EN93511 SDK and
EVK, EN93230 MDK (collectively, 'Accused `855 Products).
States Accused `855 Products that inIringe claims oI the `855 patent in violation oI
ViXS`s statutory rights. On inIormation and belieI, DeIendants were aware oI the
`855 patent prior to the Iiling oI this complaint, and, in any event, were aware oI the
`855 patent at least as early as the service date oI this complaint. Moreover, on
inIormation and belieI, DeIendants sold and/or oIIered Ior sale and/or imported the
Accused `855 Products, and are continuing to do so, to customers and others
speciIically intending to actively encourage such customers and others to use the
Accused `855 Products in the United States in a manner that DeIendants know to be
inIringing. On inIormation and belieI, those customers and others in Iact used the
Accused `855 Products in the United States in an inIringing manner.

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high risk. DeIendants` acts herein constitute willIul and deliberate inIringement,
FOURTH CLAIM FOR RELIEF
reIerence.
to United States Patent No. 7,406,598 entitled 'Method and System Ior Secure
Content Distribution (hereinaIter 'the `598 patent) (Exhibit D), which was duly
and legally issued on July 29, 2008.
37. Entropic has made, used, oIIered to sell, and/or sold within the United
States, and/or imported into the United States, a range oI products that inIringe
certain claims oI the `598 patent, literally and/or under the doctrine oI equivalents,
in violation oI ViXS`s statutory rights. The inIringing products include, but are not
limited to, the Iollowing products: Entropic`s SoCs EN753x, EN754x, EN755x,
EN757x, and EN758x (collectively, 'Accused `598 Products).
38. Entropic has induced and/or is inducing the inIringement oI the `598
patent by making, selling, oIIering to sell, and/or importing into the United States
Accused `598 Products that inIringe claims oI the `598 patent in violation oI ViXS`s

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statutory rights. On inIormation and belieI, Entropic was aware oI the `598 patent
prior to the Iiling oI this complaint, and, in any event, was aware oI the `598 patent
at least as early as the service date oI this complaint. Moreover, on inIormation and
belieI, Entropic sold and/or oIIered Ior sale and/or imported the Accused `598
Products, and is continuing to do so, to customers and others speciIically intending
to actively encourage such customers and others to use the Accused `598 Products
in the United States in a manner that Entropic knows to be inIringing. On
inIormation and belieI, those customers and others in Iact used the Accused `598
Products in the United States in an inIringing manner.
39. Entropic contributorily inIringes the `598 patent through its sale and
oIIers to sell within the United States and/or imports into the United States oI
substantial noninIringing use. In addition, on inIormation and belieI, Entropic was
aware oI the `598 patent prior to the Iiling oI this complaint, and, in any event, was
aware oI the `598 patent at least as early as the service date oI this complaint.
40. As a result oI Entropic`s unlawIul inIringement oI the `598 patent,
Irom Entropic the damages adequate to compensate Ior such inIringement, which
41. Entropic`s acts oI inIringement oI the `598 patent herein have been
knowledge oI ViXS`s rights in the patent. On inIormation and belieI, Entropic has
acted and/or are continuing to act despite an objectively high likelihood that its
actions constituted direct and/or indirect inIringement oI a valid patent, and, on
inIormation and belieI, Entropic knew or should have known oI that objectively

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high risk. Entropic`s acts herein constitute willIul and deliberate inIringement,
42. Entropic`s acts oI inIringement have caused and will continue to cause
irreparable harm to ViXS unless and until enjoined by this Court.
PRAYER FOR RELIEF
WHEREFORE, ViXS prays that this Court enters judgment and provides
relieI as Iollows:
(a) That DeIendants, and each oI them, have directly inIringed the `900,
`951, and `855 patents, and that Entropic also has inIringed the `598 patent;
(b) That DeIendants, and each oI them, have induced and contributed to
inIringement oI the `900, `951, and `855 patents, and that Entropic also has induced
and contributed to inIringement oI the `598 patent;
(c) That DeIendants, and each oI them, have willIully inIringed the `900,
`951, and `855 patents, and that Entropic also has willIully inIringed the `598
patent;
(d) That DeIendants, and their respective oIIicers, agents, servants,
employees, and those in active concert or participation with them directly or
indirectly, be enjoined Irom inIringing the `900, `951, and `855 patents, and that
Entropic, and its oIIicers, agents, servants, employees, and those in active concert or
participation with them directly or indirectly, be enjoined Irom inIringing the `598
patent;
(e) That DeIendants, and each oI them, be ordered to account Ior and pay
to ViXS the damages resulting Irom DeIendants` inIringement oI the `900, `951,
and `855 patents and that the same be held Ior Entropic concerning the `598 patent,
together with interest and costs, and all other damages permitted by 35 U.S.C.
284, including enhanced damages up to three times the amount oI damages Iound or
measured;

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(I) That this action be adjudged an exceptional case and ViXS be awarded
its attorneys` Iees, expenses and costs in this action pursuant to 35 U.S.C. 285;
and
(g) That ViXS be awarded such other equitable or legal relieI as this Court
deems just and proper under the circumstances.
DEMAND FOR 1URY TRIAL
Pursuant to Federal Rule oI Civil Procedure 38, PlaintiII ViXS demands a
jury trial on all issues so triable.

Dated: April 17, 2014 FISH & RICHARDSON P.C.
By: /s/ &KULVWRSKHU 6 0DUFKHVH
Christopher S, Marchese (SBN
170239)

Attorneys Ior PlaintiII
ViXS Systems, Inc.

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