Está en la página 1de 7

Case 1:18-cv-00851 Document 1 Filed 10/08/18 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

UNILOC 2017 LLC and ) Case No.: 1:18-cv-851
UNILOC LICENSING USA, LLC, )
)
Plaintiffs, )
) PATENT CASE
v. )
)
APPLE INC., )
) DEMAND FOR JURY TRIAL
Defendant. )

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiffs, Uniloc 2017 LLC and Uniloc Licensing USA LLC (together, “Uniloc”), for their

complaint against defendant, Apple Inc. (“Apple”), allege as follows:

THE PARTIES

1. Uniloc 2017 LLC is a Delaware limited liability company having places of business

at 1209 Orange Street, Wilmington, Delaware 19801, 620 Newport Center Drive, Newport Beach,

California 92660 and 102 N. College Avenue, Suite 303, Tyler, Texas 75702.

2. Uniloc Licensing USA, LLC is a Delaware limited liability company having places

of business at 1209 Orange Street, Wilmington, Delaware 19801, 620 Newport Center Drive,

Newport Beach, California 92660 and 102 N. College Avenue, Suite 303, Tyler, Texas 75702.

3. Uniloc holds all substantial rights, title and interest in and to U.S. Patent No.

6,856,616.

4. Apple is a California corporation having a regular and established places of

business at 12535 Riata Vista Circle and 5501 West Parmer Lane, Austin, Texas. Apple uses,

offers for sale, sells and/or imports into the United States the products accused of infringement

herein for sale to customers in this judicial district and elsewhere in the United States. Apple may

3053003.v1

9.S. e. Ex.856. which issued on February 15. et seq.856. §§ 1331 and 1338(a). The ’616 Patent describes and claims novel and inventive technological improvements and solutions to such problems and shortcomings. Uniloc brings this action for patent infringement under the patent laws of the United States.S. COUNT I (INFRINGEMENT OF U. including the right to grant sublicenses.616 entitled SYSTEM AND METHOD FOR PROVIDING SERVICE PROVIDER CONFIGURATIONS FOR TELEPHONES USING A CENTRAL SERVER IN A DATA NETWORK TELEPHONY SYSTEM. Uniloc 2017 LLC is the owner.. A at 2:46-64. See. This Court has subject matter jurisdiction under 28 U. 6. Texas 75201.S. 8. The ’616 Patent describes problems and shortcomings in the then-existing field of providing telephone service provider access to users of electronic devices connected to a data network. of U.g. 1999 Bryant Street. with ownership of all substantial rights. 2005 (“the ’616 Patent”). Dallas.C. 2 . to enforce the patent to recover damages for past infringement.S. Patent No. 10. to exclude others. Uniloc incorporates paragraphs 1-5 above by reference. A copy of the ’616 Patent is attached as Exhibit A. 35 U. 7. PATENT NO.616) 6. Suite 900. JURISDICTION 5. 6. Case 1:18-cv-00851 Document 1 Filed 10/08/18 Page 2 of 7 be served with process through its registered agent for service in Texas: CT Corporation System. The ’616 Patent describes in detail and claims in various ways inventions in providing telephone service provider access to users of electronic devices connected to a data network. by assignment. LLC is the exclusive licensee of the ’616 Patent. § 271.C. Uniloc Licensing USA.

iPhone 5s. a Qualcomm MDM9655 Snapdragon 3 . The inventions claimed in the ’616 Patent represent technological solutions to technological problems. including the following: iPhone5. Apple Watch Series 4. iPad Mini cellular + WiFi. For example. Apple imports. iPhone 7. offers for sale. iPad Mini 4. 13. iPad Air. iPhone XR. As evidenced by the allowance thereof. iPad Mini 2. iPad Air 2. iPhone 5c. routine. 15. iPhone 6s. iPhone 6s Plus. such as the AT&T 4G LTE network. iPhone 8. and provide telephone functionality over such networks. the iPhone 8 uses. The inventions claimed in the ’616 Patent involve and cover more than just the performance of well-understood. iPhone XS. iPad (4th. inter alia. iPhone 6 Plus. Case 1:18-cv-00851 Document 1 Filed 10/08/18 Page 3 of 7 11. 12.). The written description of the ’616 Patent describes in technical detail each of the limitations of the claims. iPhone 7 Plus. The Accused Infringing Devices include and interface for detecting the presence of a data network. iPhone 8 Plus. iPhone XS Max. iPhone X. 5th gen. uses. systems and devices. 14. iPad Pro. iPhone 6. and conventional activities known to the industry prior to the invention of such novel and non-obvious methods. iPad Mini 3. the technological improvements and solutions described and claimed in the ’616 Patent were not conventional or generic at the time of their respective inventions but involved novel and non-obvious approaches to the problems and shortcomings prevalent in the art at the time. allowing a person of ordinary skill in the art to understand what the limitations cover and how the non-conventional and non-generic combination of claim elements differ markedly from and improved upon what may have been considered conventional or generic. and sells in the United States electronic devices that connect to data networks. iPhone SE. Apple Watch Series 3. (together “Accused Infringing Devices”).

For example. and continues to infringe. 16. Apple has also infringed. Apple intentionally. in violation of 35 U. demonstrations. the iPhone 8 uses. 17. Case 1:18-cv-00851 Document 1 Filed 10/08/18 Page 4 of 7 X16 LTE processor. and an Apple WiFi/Bluetooth module. directly and/or indirectly instructs its customers to use the Accused Infringing Devices in an infringing manner through training videos. The Accused Infringing Devices use a unique identifier. such as those located at one or more of the following: 4 . to establish a connection with servers in the AT&T 4G LTE network. and an Apple/Cirrus 338S00248 component. 18. inter alia. and continues to infringe at least claims 1-8 and 10-19 of the ’616 Patent by actively inducing others to use. and sell the Accused Infringing Devices.S. installation and/or user guides. Apple has infringed. the Apple A11 Bionic processor. Apple’s customers who use the Accused Infringing Devices in accordance with Apple’s instructions as described above infringe at least claims 1-8 and 10-19 of the ’616 Patent. § 271(a). 20. iPhones obtained from AT&T include an AT&T-specific SIM card that allows the devices. at least claims 1-8 and 10-19 of the ’616 Patent in the United States by using. recognized by the data network operator’s servers (such as AT&T’s servers). inter alia. For example. a Qualcomm WTR5975 LTE RF transceiver. § 271(a). brochures.C. the Qualcomm LTE processor. offer for sale. selling and/or importing the Accused Infringing Devices in violation of 35 U. The Accused Infringing Products include telephone initiation capability and are capable of receiving and sending digitized voice signals in data packets over the AT&T 4G LTE network. The Accused Infringing Devices are able to identify within-range servers of a data network.C. that provide a proxy server address to the telephone through which the configuration of service may be established. 19.S. offering for sale.

21.apple.apple.com • https://support.apple.com/ipad/10/ • www.com/en-us/HT203969 • https://support.S. § 271(b).apple.com/iphone/12/ • https://help.com/ipad/apple-sim/ Apple also induces infringement by failing to remove or distinguish infringing features of the Accused Infringing Devices. offering for sale and/or importing the Accused Infringing Devices.apple. Apple has also infringed. Apple knows that portions of the hardware and software 5 .apple.apple. of the ’616 Patent and constitute a material part of the invention.com/en-us/HT201337 • https://support.com/iphone/10/ • https://help.apple.com/ipad/12/ • https://help.com/ipad/11/ • https://help.com/en-us/HT202033 • https://support. Case 1:18-cv-00851 Document 1 Filed 10/08/18 Page 5 of 7 • www.apple.apple.com/en-us/HT209044 • https://support. Apple is thereby liable for infringement of the ’616 Patent under 35 U.C. and continues to infringe.com/iphone/11/ • https://help.com/en-us/HT203089 • https://support. or using the systems.com/en-us/HT202645 • https://support.apple.apple.apple.com/guide/watch/welcome/watchos • https://help.com/en-us/HT203099 • https://support. which devices are used in practicing the processes.apple. at least claims 1-8 and 10-19 of the ’616 Patent by selling.apple.apple.

R. and (D) granting Uniloc such further relief as the Court finds appropriate. or especially adapted for. 22. attorneys’ fees. at the latest. P. under Fed. § 271(c). (C) awarding Uniloc its costs. DEMAND FOR JURY TRIAL Uniloc demands trial by jury. Apple will have been on notice of the ’616 Patent since.C. 6 . PRAYER FOR RELIEF Uniloc requests that the Court enter judgment against Apple: (A) declaring that Apple has infringed the ’616 Patent. Apple will have known and intended (since receiving such notice) that its continued actions would actively induce and contribute to the infringement of claims 1-8 and 10-19 of the ’616 Patent. Apple is thereby liable for infringement of the ’616 Patent under 35 U.S. (B) awarding Uniloc its damages suffered as a result of Apple’s infringement of the ’616 Patent. 23. Civ. By the time of trial. 24. 38. the service of this complaint upon it. use in infringement of the ’616 Patent and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Case 1:18-cv-00851 Document 1 Filed 10/08/18 Page 6 of 7 contained in the Accused Infringing Devices to be especially made. including other versions of the Accused Infringing Products. and interest. Apple may have infringed the ’616 Patent through other software and devices utilizing the same or reasonably similar functionality. expenses. Uniloc has been damaged by Apple’s infringement of the ’616 Patent.

24066603 NELSON BUMGARDNER ALBRITTON P. 5029905 PRINCE LOBEL TYE LLP One International Place.com Texas State Bar No. 00797142 NELSON BUMGARDNER ALBRITTON P.com Email: mercolini@princelobel. Suite 300 Fort Worth.C. TX 76107 Tel: (817) 377-9111 Shawn Latchford shawn@nbafirm. /s/ Edward R. Hayes (Lead Attorney) Massachusetts State Bar No. Nelson III Paul J. Case 1:18-cv-00851 Document 1 Filed 10/08/18 Page 7 of 7 Date: October 8. MA 02110 Tel: (617) 456-8000 Fax: (617) 456-8100 Email: phayes@princelobel. 2018. Texas 75601 Tel: (903) 757-8449 Fax: (903) 758-7397 ATTORNEYS FOR THE PLAINTIFFS 7 . 227000 Kevin Gannon Massachusetts State Bar No. Respectfully submitted. Nelson III ed@nbafirm.com Email: kgannon@princelobel. 640931 Aaron Jacobs Massachusetts State Bar No. Suite 3700 Boston.com Edward R.com Email: ajacobs@princelobel. 3131 West 7th Street. 677545 Michael Ercolini New York State Bar No.com Texas State Bar No. 111 West Tyler Street Longview.C.