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Slide 85: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 1 of 38 IN THE UNITED STATES DISTzuCT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSI{ALL DTVISION MICROUNITY SYSTEMS ENGINEERING, INC., a California corporation, $ $ $ v.$ Plaintiff, CivilActionNo. 10-91 (1) ACER INC., a Republic of China corporation, (2) ACER AMERICA CORPORATION, Califomia corporation, (3) APPLE, a California corporation, (4) AT&T INC., Delaware corporation, (5) AT&T LLC,aDelaware limited liability (6) CELLCO PARTNERSHIP, parbrership, (7) ÐGDEA, INC., a corporation, (8) GOOGLE INC., corporation, (9) HTC CORPORATION, a Republic of China corporation, (10) HTC AMERICA' INC., a Texas corporatior¡ (11) LG Electronics, Inc., a INC., a MOBILITY company, aDelaware Texas aDelaware a $ $ $ $ JURY $ $ $ $ $ $ $ $ Koreanlimitedcompany, (Lz)LcElectronics $ Mobilecornm U.S.A.,Inc., a Califomia corporation, $ (13) MOTOROLA,INC., aDelaware corporatior¡ $ (14) NOKIA CORPORATION a Finnish $ corporation, (15) NOKIA INC., a Delaware $ corporation, (16) PALM, INC., a Delaware $ corporation, (17) QUALCOMM INC., aDelaware $ corporation, ( 1 8) SAMSI-ING ELECTRONICS CO., $ LTD., aKorean limited company, (19) SAMSUNG, $ SEMICONDUCTOR INC., a California $ corporation, (20) SAMSUNG $ TELECOMMIINICATIONSAMERICA,LLC, aDelaware limited liability company, (21) SPRINT NEXTEL CORPORATION, aKansas corporation, QT)TEXAS INSTRUMENTS INC., a Delaware corporation, Defendants. $ $ $ $ COMPLAINT FOR PATENT I¡¡'FRINGEMENT PlaintitrMicroUnity Systems Engineering, Inc., for its complaint against Defendants Acer, Inc., Acer America Corporation, Apple, Inc., AT&T Inc., AT&T Mobility LLC, Cetlco Parbrership, Exede4 Inc., Google Inc., HTC Corporation, HTC America, Inc., LG Elecfronics, lnc., LG 1019509v1/07503-01 1876
Slide 86: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 2 of 38 Electronics Mobilecomm U.S.A., Inc., Motorola, Inc., Nokia Corporation, Nokia Inc., Palm, Inc., Qualcomm Inc., Samsung Electronics Co., LTD., Samsung Semiconductor, Inc', Samsung Telecommunications Americ4 LLC, SprintNextel Corporation, and Texas Instruments Inc., alleges: TIIE PARTIES 1. MicroUnity Systems Engineering, Inc. ('MicroUnity") is a corporation duly organrzed and existing under the laws of the State of Califomia, with its principal place of business at376 Martin Avenue, Santa Clara, CA 95050. 2. MicroUnity is informed and believes, and on that basis alleges, that Defendant Texas Instruments Inc. ('TI") is a corporation duly organized and existing under the laws of the state has of Delaware, with its principal place of business at 12500 TI Blvd., Dallas, TX 75226; that TI developed, manufactures, and sells its OMAP3 series of processors to the suppliers of cell phones and other products; that TI has announced that it is developing its OMAP4 series of processors; that OMAP3 and OMAP4 processors are designed, used, offered for sale and sold in this disúict; and that products implementing such processors are designed, used, offered for sale and sold in this district and throughout the United States and imported into the United States. 3. MicroUnity is informed and believes, and on that basis alleges, that Defendant the laws of the Qualcomm, Inc. ('Qualcomm") is a corporation duly organized and existing under state of Delaware, with its principat place of business at 5775 Morehouse Drive, San Diego, CA 9212I; that Qualcomm has developed, manufactures, and sells its Snapdragon series of processors, including but not limited to its QSD8250 processors, to the suppliers of cell phones and other products; and that products implementing such processors ate used, offered for sale and sold in this district and throughout the United States and imported into the United States. 4. MicroUnity is informed and believes, and on that basis alleges, that Defendant Samsung Elecfionics Co., Ltd. ("Samsung") is a public limited company duly organized attd existing
Slide 87: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 3 of 38 under the laws of South Korea, with its principal place of business at#24 Nongseo-Dong, Kiheung- Gu, Yongin-City, Kyungg-Do, Korea; that Defendant Samsung Semiconductor, Inc-, ("SSI") is a wholly owned subsidiary of Samsung, and is a corporation duly organized and existing under the laws of the state of Californi4 with its principal place of business at 3655 N. l't St', San Jose, CA as 95134;that Sagsung and SSI have developed, manufacture, and sell processors such the S5PCI00 to the suppliers of cell phones and other products; and that products implementing zuch processors are used, offered for sale and sold in this disüict and throughout the United States and imported into the United States. 5. MicroUnity is informed and believes, and on that basis alleges, that Defendant Motorola, Inc. ('Motorola") is a corporation duly organized and existing under the laws of the state of Delaware, with its principal place of business at 1303 E. Algonquin Rd., Schaumburg, IL 60196; and that cell phones such as the Droid are manufactured by Motorola and are used, offered for sale and sold in this district and tluoughout the United States and imported into the United States by Motorola. 6. MicroUnity is informed and believes, and on that basis alleges, that Defendant Nokia Corporation is a corporation duly organized and existing under the laws of Finland, with its principal place of business at Keilalahdentie2-4, Espoo, FI-02-150, Finland; and that Defendant Nokia Inc. is a wholly owned subsidiary of Nokia Corporation, and is a corporation duly organized and existing under the laws of the state of Delaware, with its principal place of business at 6000 Connection Drive, Irving, TX 75039. Nokia Corporation and Nokia Inc. are individually and collectively referred to herein as 'Î.{okiâ-" MicroUnity is informed a¡rd believes, and on that basis alleges, thæ cell phones such as the N900 are manufactured by Nokia and are used, offered for sale
Slide 88: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 4 of 38 and sold in this district and throughout the United States and imported into the United States by Nokia. 7. MicroUnity is informed and believes, and on that basis alleges, that Defendant Palm, Inc. ('Palm") is a corporation duty organized and existing under the laws of the state of Delaware, with its principal place of business at 950 W. Maude Ave., Sruuryvale, CA 94085; and that cell phones such as the Pre are manufactured by Palm and are used, offered for sale and sold in this district and throughout the United States and imported into the United States by Palm. B. MicroUnity is informed and believes, and on that basis alleges, that Defendant Samsung Telecommunications America, LLC, ("STA") is wholly owned by Samsung, and is a limited liability company duly organized and existing under the laws of the state of Delawæe, with its principat place of business at 1301 East Lookout Drive, Richardson, Collin County, TX75082; that Samsung and STA manufacture cell phones such as the Galæry Spica GT-i5700 and OmniaHD i89I0; and that such cell phones are used, offered for sale and sold in this district and throughout the united staæs and imported into the united states by samsung and sTA. g. MicroUnity is informed and believes, and onthat basis alleges, that Defendant Acer Inc. is a corporation duly organized and existing under the laws of the Republic of China (Taiwan), with its principal place of business at 8F, 88, Sec. 1, Hsin Tai \Mu Rd., Hsichih, Taipei Z2l,Tuwan, ROC; and that Defendant Acer America Corporation is a wholly owned subsidiary of Acer Inc., and is a corporation duly organized and existing under the laws of the state of California with its principal place of business at 333 W. San Carlos St., Ste. 1 500, San Jose, CA 951 1 0. Acer Inc. and Acer America Corporation are individually and collectively refened to herein as "Acer." MicroUnity is informed and believes, and on that basis alleges, that cell phones such as the Liquid A1 and 4
Slide 89: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 5 of 38 and neoTouch are manufactured by Acer and are used, offered for sale and sold in this distict throughout the United States and imported into the United States by Acer' 10. MicroUnity is informed and believes, and on that basis alleges, that Defendant HTC company Corporation, also known as High Tech Computer Corporation, is a public limited liability d¡ly organized and existing gnder the laws of the Republic of Chin4 with its principal place of business at 23 Xnghua Rd., Taoyuan 330, Taiwan, Republic of China; that Defendant HTC America, Inc. is a wholly owned subsidiary of HTC Corporation, tlrough an inærmediary Texas, corporation, and is a corporation duly oryatized and existing under the laws of the state of with its principal place of business at L3920 SE Eastgate Way, Suite 400, Bellevue, WA 98005; and that Exedea, Inc., is a wholly owned subsidiary of HTC Corporation, through an intermediary of Texas, corporation, and is a corporation duty organized and existing under the laws of the state with its principat place of business at 5950 Corporate Drive, Houston, Texas 77036. HTC to herein as Corporation, HTC America, Inc. and Exedea are individually and collectively referred ..HTC,' . 11. MicroUnity is informed and believes, and on that basis alleges, that Defendant of Google Inc. ("Google") is a corporation duly organized, and existing under the laws of the state View, CA Delaware, with its principal place of business at 1600 Amphitheatre Pkwy', Mountain that such cell 94043;that HTC manufactures and Google sells cell phones such as the Nexus One; phones are used, oflered for sale and sold in this disûict and throughout the United States and One imported into the United States by Google and HTC; and that Google makes software for Nexus the United and other cell phones that is used, offered for sale and sold in this distict and ttfoughout States and imported into ttre United States by Google.
Slide 90: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 6 of 38 lZ. MicroUnity is informed and believes, and on that basis alleges, that Defendant LG Electronics, Inc., is a public limited company duly organized and existing under the laws of South Kore4 with its principal place of business at LG T\¡/in Towers, 20 Yeouido-dong, Yeoungdeuagpogu, Seoul, 750-7-2l,South Korea; and that Defendant LG Electonics Mobilecomm U.S.A., Inc. is a wholly owned subsidiary of LG Electonics, Inc., and is a corporation duly organized and existing under the laws of the state of California with its principal place of business at 10101 Old Grove Road, San Diego, CAgZl3l. LG Electronics, Inc. and LG Electonics Mobilecomm U.S.A., Inc. are as individually and collectively referred to herein "LG." MicroUnity is informed.and believes, and on that basis alleges, that LG manufactures and selis cell phones such as the eXpo and IQ; and that such cell phones are used, offered for sale and sold in this and imported into the United States by LG. distict and throughout the United States 13. MicroUnity is informed and believes, and on that basis alleges, that Defendant Apple, Inc. ('Apple') is a corporation duly organized and existing under the laws of the state of Califomia" with its principal place of business at 1 Infinite Loop, Cupertino, CA 95014; that Apple manufactures and sells products such as the iPhone 3GS cell phone and iPod Touch 32 arñ 64GB (,ipod Touch 3G") and provides software for such products; and that such cell phones and other products and software are used, offered for saie and sold in this district and throughout the United States and imported into the United States by Apple. 14. MicroUnity is informed and believes, and on that basis alleges, that Defendant Cellco Partnership (Yerizon'), doing business as Verizon Wireless, is a general parbrership, duly organized and existing under the laws of the state of Delaware, between Verizon Communications Inc., a corporation duly organized and existing under the laws of the state of Delaware, and Vodafone Group plc, a public liability company duly organized and existing under the laws of the
Slide 91: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 7 of 38 United Kingdom, with Verizon's principal place of business at 1 Verizon Way, Basking Ridge, NJ 07920; that Verizon sells cell phones such as the Motorola Droid and Palm Pre and other products, and services utilizing and softwa¡e utilized by such products; and that such cell phones and other products, services and software are used, offered for sale and sold in this district and tlrroughout the United States and imported into the United States by Verizon. 15. MicroUnity is informed and believes, and on that basis alleges, that Defendant Sprint Nextel Corporation ("Sprint") is a corporation duly organized and existing under the laws of the state of Kansas, with its princtpal place of business at 6500 Sprint Pkwy., Overland Park, KS 6625I; that Sprint sells cell phones and other products such as the Palm Pre, and services utilizing and software utilized by such products; and that such cell phones and other products, services and software are used, offered for sale and sold in this distict and throughout the United States and imported into the United States by Sprint. 16. MicroUnity is informed and believes, and on that basis alleges, that Defendant and existing under the laws of the state of Delaware, with AT&T Inc. is a corporation duly organized its principal place of business at 208 S Akard St., Dallas, TX 75201; and that Defendant AT&T Mobilþ LLC is wholly owned by AT&T Inc., and is a limited tiability company duly organirndatñ existing under the laws of the state of Delaware, with its principal place of business at 5565 Glenridge Connector, Atlant4 GA30342. AT&T Inc. and AT&T Mobility LLC are individually and collectively refened to herein as "AT&T." MicroUnity is informed and believes, and on that basis alleges, that AT&T sells cell phones and other products such as the LG eXpo and IQ and Apple iPhone 3GS, and services utilizing and software utilized by such products; and that such cell phones and other products, services and software ate used, offlered for sale and sold in this dishict and throughout the United States and imported into ttre United States by AT&T.
Slide 92: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 8 of 38 JI]RISDICTION AI\D VENTIE 17. The Court has subject matter jwisdiction pursuant to 28 U.S.C. $$ 1331 and 1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. $$ I et seq. Venue is proper in this Federal District pursuant to 28 U.S.C. $$ 1391(b)-(c) and 1400(b) in that the defendants reside in this disftict, a substantial part of the events giving rise to the claim occurred in this dishict, and the defendants have a regular and established place of business in this district and have committed acts of infringement inthis district. 18. actions, 120; This case is related to, and involves some of the same patents involved in prior Micro(lnity Systems Engìneering, Inc. v. Intel Corporation and Dell, Inc.,C.A.No' 2-04CV- MicroUnity Systems Engineering, Inc. v. Sony Computer Entertainment America Inc., C.A. No. 2-05CV-505; MitoUnity Systems Engineering, Inc. v. Advanced Micro Devices, Inc., C.A'. No. 206CV-486, all of which were filed in the United States Distict Court for the Eastem Distict of Texas, Marshall Division. INFRTNGEMENT OF U.S. PATENT NO.5,737,547 Cl 19. On April 7, 1998, United States Patent No. 5,737,5 47 (the"'547 patenf') was duly and legally issued for an invention entitled "system for Placing Entries of an Outstanding Processor Request into a Free Pool After the Request Is Accepted by a Correqponding Peripheral Device." MicroUnity was assigned the '547 patent and continues to hold all rights and interest tn lhe '547 patent. A true and correct copy of the '547 pa,ærrt.is attached hereto as Exhibit A. 20. Tlrrc'547 patent has been the subject of a reexamination proceeding, reexamination request number 90/008,23fl in which the patentability of claims 10-16, 19 and 20 is confirmed, 17 claims 4-7 , 18 and 2l-25 are determined to be patentable as amended, claims 8, 9, , 26 arñ 27 arc dependent on an amended claim and are determined to be patentable, claims 28-48 have been added
Slide 93: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 9 of 38 and a¡e determined to be patentable, and claims 1-3 are canceled. Certificate 5,737,547 C1 is attached hereto as Exhibit B. A copy of Reexamination Zl. TI and Qualcomm have infringed and continue to infringe one or more of the claims of the '547 patent by their manufacture, use, sale, importation, and/or offer to sell their infringing processors, including but not limited to TI's OMAP3 and OMAP4 series processors and infringement of the'547 Qualcomm's Snapdragon processors. TI and Qualcomm are liable for their patent pursuant to 35 U.S.C . ç 27L. 22, Motorol4 Nokia, Palm, samsung, sTA, Acer, HTC, Google and LG have infringed and continue to infringe one or more of the claims of the '547 patentby their manufacture, use, sale, importation, and/or offer to sell their infringing cell phones and other products, including but not limited to the Motorola Droid, NokiaN900, Palm Pre, Samsrurg Galaxy Spica GT-i5700 and OmniaHD i8910, Acer Liquid A1 and neoTouch, Google/tlTC Nexus One, and LG eXpo and IQ. Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google and LG are liable for their infringement ofthe'547 patentpursuantto 35 U.S.C. ç271' 23. Verizon, AT&T and Sprint have infringed and continue to infringe one or more of the claims of the '547 patentby their use, sa1e, importration, and/or offer to sell infringing cell phones and other products. Verizon, pursuant to 35 U.S.C . 5 271. AT&T and Sprint are liable for their infringement of the '547 patent 24. TI, Qualcomm, Motorolq Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG Verizon, AT&T and Sprint's acts of infringement have caused darnage to MicroUnity, and MicroUnity is entitled to recover from TI, Qualcomm, Motorol4 Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG Verizon, AT&T and Sprint the darnages sustained by MicroUnity as a result of their wrongful acts in an amount subject to proof at trial. TI, Qualcomm, Motorola, Nokia, Palm, 9
Slide 94: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 10 of 38 Samsung, STA, Acer, HTC, Google, LG Verizon, AT&T and Sprint's infringement of MicroUnity's exclusive rights under the'547 patent will continue to damage MicroUnity, causing irreparable harm for which there is no adequate remedy at law, unless e4joined by this Court. 25. MicroUnity is informed and believes, and on that basis alleges, that TI, Samsung and Motorola have had communications and contact with Microunity and are fully aware of MicroUnity's technology and patent portfolio including the'547 patent; that TI, Samsung and Motorola have proceeded to infringe the'547 patent vvith full and complete knowledge of the patent and its applicability to their products without any attempt to take a license under the'547 patent and without a good faith belief thaf the'547 patent is invalid or not infringed, and thus TI, Samsung and Motorola's infringement of the '547 pafent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attorney's fees and costs incurred in prosecuting this action under 35 U.S.C. $ 2S5. MicroUnity reserves the right to allege, after discovery, that the remaining defendants' infringement of the '547 patentis willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attorney's fees and costs incurred in prosecuting this action under 35 U.S.C. $ 285. INFRINGEMENT OF U.S. PATENT NO. 5,742,840 26. On April 2I,lgg8, United States Patent No. 5,742,840 (the "'840 patent") was duly and legally issued for an invention entitled "General Purpose, Multiple Precision Parallel Operation, Programmable Media Processor." MicroUnity was assigned the '840 patent and continues to hold all rights and interest in the '840 patent. A true and corect copy of the '840 patent is attached hereto as Exhibit C. 27. The '840 patent has been the subject of a reexamination proceeding, reexamination request number 901007,583, in which the patentability of cLaim 11 is confirmed, claim 1 is 10
Slide 95: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 11 of 38 determined to be patentable as amended, claims 2-6,8 and 9 are dependent on an amended claim and are determined to be patentable, and claims 7 and 10 are canceled. A notice of intent to issue a reexamination certificate has been issued by the Patent Office, and receipt of the reexamination cefüftcate is pending. 28. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or more of the claims of the '840 patent by their manufacûre, use, sale, importation, and/or offler to sell their infringing processors, including but not limited to TI's OMAP3 and OMAP4 series processors, Samsung and SSI's S5PC100 processors, and Qualcomm's Snapdragon processors. TI, Samsung, SSI and Qualcomm are liable for their infringement of the '840 patent pursuant to 35 U.S.C. ç271. 29. Motorol4 Noki4 Palm, Samsung, STA, Acer, HTC, Google, LG and Apple have infringed and continue to infringe one or more of the claims of the '840 patent by their manufacture, use, sale, importation, and/or offer to sell their infringing cell phones and other products, including but not limited to the Motorola Droid, NokiaN900, Palm Pre, Samsung Galaxy Spica GT-i5700 and OmniaHD i8910, Acer Liquid A1 and neoTouch, GoogleÆITC Nexus One, LG eXpo and IQ, and Apple iPhone 3GS and iPod Touch 3G. Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google, LG and Apple are liable for their infringement of the '840 patent pursuant to 35 U.S.C. 527r. 30. Verizon, AT&T and Sprint have infringed and continue to infringe one or more of the claims of the '840 patent by their use, salg importation, and/or offer to sell infringing cell phones and other products. Verizon, AT&T and Sprint are liable for their infringement of the '840 patent pursuantto 35 U.S.C. ç271. 31. Defendants' acts of infringement have caused damage to MicroUnity, md as MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity aresult of 11
Slide 96: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 12 of 38 their wrongful acts in an amount subject to proof at tial. Defendants' infringement of MicroUnity's exclusive rights under the '840 patent will continue to darnage MicroUnity, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. 32. MicroUnity is informed and believeso and on that basis alleges, that TI, Samsung and Motorola have had communications and contact with Microunity and are fully aware of MicroUnity's technology and patent portfolio including the '840 patent; that TI, Samsung and Motorola have proceeded to infringe the '840 patent with full and complete knowledge of the patent and its applicability to their products without any attempt to take a license under the '840 patent and without a good faith belief that the '840 patent is invalid or not infringed, and thus TI, Samsung and Motorola's inûingement of the '840 patent is willflrl and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under 35 U.S.C. $ 285. MicroUnity reserves the right to allege, after discovery, that the willftt and deliberate, entitling MicroUnity remaining defendants' infringement of the '840 patent is to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incured in prosecuting this action under 35 U.S.C. $ 285. rNT'RTNGEMENT OF U.S. PATENT NO.5,794,061 Cl 33. OnAugust 11, 1998, United States PatentNo.5,794,061 (the "'061 patenf) was duly and legally issued for an invention entitled "General Purpose, Multiple Precision Parallel Operation, Prograrnmable Media Processor." MicroUnity was assigned the '061 patent and continues to hold all rights and interest in the '061 patent. A true and correct copy of the '061 patent is attached hereto as Exhibit D. 34. The '061 patent has been the zubject of a reexamination proceeding, reexamination request number 901007 ,563 , in which the patentability of claims 14, I 5 md 17 is confirmed, claim 16 12
Slide 97: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 13 of 38 is determined to be patentable as amended, claims 31-47 have been added and are determined to be patentable, and claims 1-13 and 18-30 are canceled. A copy of Reexamination Certificate 5,794,06I Cl is attached hereto as Exhibit E. 35. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or more of the claims of the '061 patent by their manufacture, use, sale, importation, and/or offer to sell their infringing processors, including but not limited to TI's OMAP3 and OMAP4 series processors, Samsung and SSI's S5PC100 processoïs, and Quatcomm's Snapdragon processors. TI, Samsung, SSI and Qualcomm are liable for their infringement of the '061 patent pursuant to 35 U.S.C . ç 271. 36. Motorol4 Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG and Apple have infringed and continue to infringe one or more of the claims of the '061 patent by their manufacture, use, sale, importation, and/or offler to sell their infringing cell phones and other products, including but not limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galaxy Spica GT-i5700 and OmniaHD i8910, Acer Liquid Al and neoTouch, GoogleÆITC Nexus One, LG eXpo and IQ, and HTC, Apple iPhone 3GS and iPod Touch 3G. Motorol4 Nokia, Palm, Samsung, STA, Acer, Google, LG and Appte a¡e liable for their infringement of the '061 patent pursuant to 35 U'S.C. $ 271. 37. Verizon, AT&T and Sprint have infringed and continue to infringe one or more of phones the claims of the '061 patent by their use, sale, imporüation, and./or offer to sell infringing cell and other products. Verizon, AT&T and Sprint are liable for their infringement of the '061 patent pursuant to 35 U.S.C . 5 271. 38. Defendants' acts of infringement have caused damage to MicroUnity, ffid as a result MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity their wrongf,rl acts in an amount subject to proof at of trial. Defendants' infringement of MicroUnity's 13
Slide 98: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 14 of 38 exclusive rights under the '061 patent will continue to damage MicroUnity, causing ineparable harm for which there is no adequate remedy at law, unless enjoined by this Court' 39. MicroUnity is informed and believes, and on that basis alleges, that TI, Samsung and Motorola have had communications and contact with MicroUnity and are fully aware of MicroUnity's technology and patent portfolio including the '061 patent; that TI, Samsung and Motorola have proceeded to infringe the '061 patent with full and complete knowledge of the patent and its applicabilþ to their products without any attempt to take a license under the '061 patent and without a good faith belief that the '061 patent is invalid or not infringed, and thus TI, Samsung and Motorola's infringement of the '061 patent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attorney's fees and costs incured in prosecuting this action under 35 U.S.C. $ 285, MicroUnity reserves the right to allege, after discovery, that the remaining defendants' infringement of the'061 patent is willful and deliberate, entitling MicroUnity to increased damages urder 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this actionunder 35 U.S.C. $ 285. INFRTNGEMENT OF U.S. PATENT NO. 5,812,799 Ct 40. On September 2,1998, United States Patent No. 5,812,799 (the "'799 patent') was duly and legally issued for an invention entitled'lrlon-Blocking Load Buffer and a Multiple-Priority Memory System for Real-Time Multiprocessing." MicroUnity was assigned the '799 patent and continues to hold all rights and interest is attached hereto as Exhibit F. tnlhe'799 patent. A true and conect copy of the '799 paræfi 41. the'799 patent has been the subject of a reexamination proceeding, reexamination request number 901008,232, in which the patentability of claims 1-34 is confirmed. A copy of Cl is attached hereto as Exhibit G. Reexamination Certificate 5,812,799 t4
Slide 99: Case 2:10-cv-00091 Document 1 Filed 03/1 6/10 Page 15 of 38 42. Qualcomm has infringed and continues to infringe one or more of the claims of the '799 patentby its manufacture, use, sale, importation, and/or offer to sell its processors, including but not limited to its Snapdragon processors, and by its knowingly contributing to and inducing others to manufacture, use, sell, import, and/or offer to sell cell phones and other products that infringe one or more of the claims of the '799 patent Qualcomm is liable for its infringement of the '799 patent pursuant to 35 U.S.C. ç271. 43. Samsung, STA, Acer, HTC, Google and LG have infünged and continue to infringe one or more of the claims of the '799 patent by their manufacture, use, sale, importation, and/or offer to sell infringing cell phones and other products, including but not limited to the Samsung Galaxy Spica GT-i5700, Acer Liquid A1 and neoTouch, GoogleÆITC Nexus One, and LG eXpo and IQ, and by their knowingly contibuting to and inducing others to manufacture, use, sell, import and/or offer to sell products and services which practice processes that infringe one or more of the claims of the '799 patent Samsung, STA, Acer, HTC, Google and LG are liable for their infringement of the '799 patent pusuant to 35 U'S'C ' ç 27I. 44. AT&T has infringed and continues to infringe one or more of the claims of the'799 patent by its use, sale, importatior¡ and/or offer to sell infringing cell phones and other products which infringe and which practice processes that infringe one or more of the claims of the '799 patent. AT&T is liable for its infringement of the '799 paßrrtpursuant to 35 U.S.C . 5 27I. 45. Qualcomm, Samsung, sTA, Acer, HTC, Google, LG and AT&T's acts of is entitled to recover from infringement have caused darnage to MicroUnity, and Microunity Qualcormr, Samsung, STA, Acer, HTC, Google, LG and AT&T the damages sustained by MicroUnity as a result of their wrongful acts in an amount subject to proof at trial. Qualcomm, Samsung, STA, Acer, HTC, Google, LG and AT&T's infringement of MicroUnity's exclusive rights 15
Slide 100: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 16 of 38 under the,799 paûent will continue to damage MicroUnity, causing ineparable harm for which there is no adequate remedy at law, unless enjoined by this Court. 46. MicroUnity is informed and believes, and on that basis alleges, that Samsung has and had communications and contact with MicroUnity and is frrlly aware of MicroUnity's technology patent portfolio including the '799 patent; that Samsung has proceeded to infringe the '799 patent with full and complete knowledge of the patent and its applicability to its products without any patent is attempt to take a license under the'799 patent and without a good faith belief that the '799 invalid or not infringed, and thus Samsung's infringement of the '799 patent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under 35 U.S.C. $ 285. MicroUnity reserves the right to allege, afrer discovery, that the remaining defendants' inûingement of the '799 patent is willful and fees deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attorney's and costs incuned inprosecuting this action under 35 U.S.C. $ 285' Ii\FRINGEMENT OF U.S. PATENT NO. 6,006'318 Cl 47. On Decemb er 2\,1999, United States Patent No. 6,006,318 Cl (the "'318 patenf) was duly and legally issued for an invention entitled "General Purpose, Dynamic Partitioning, programmable Media processor." MicroUnity was assigned the '318 patent and continues to hold all rights and interest in the '3 18 patent. A true and correct copy of the '3 1 8 patent is attached hereto as ExhibitH. 48. The '318 patent has been the subject of a reexamination proceeding, reexamination 11 request number 90/008,512, in whichthe patentability of claim 5 is con-firrned, claims 2-3,6-8 and are determined to be patentable as amended, claims 4,9-10 and 12 are dependent on an amended claim and are determined to be patentable, claims 17-19 have been added and are detennined to be 16
Slide 101: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 17 of 38 patentable, and claims 1 and 13-16 are canceled. A copy of Reexamination Certificate 6,006,318 is atüached hereto as Exhibit I. Cl 49. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or more of the claims of the '318 patent by their manufacture, use, sale, importation, and/or offer to sell their infringing processors, including but not limited to TI's OMAP3 and OMAP4 series processors' Samsung and SSI's S5PC100 processors, and Qualcomm's Snapdragon processors. TI, Samsung, SSI and Qualcomm are liable for their infringement of the '318 patent pursuant to 35 U.S'C. 5271. 50. Motorola, Noki4 Palm, samsung, sTA, Acer, HTC, Google, LG and Apple have infringed and continue to infringe one or more of the claims of the '318 patent by their manufactwe, use, sale, importation, and/or offer to sell their infringing cell phones and other products, including but not limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galuy Spica GT-i5700 and OmniaHD i8910, Acer Liquid A1 and neoTouch, GoogleÆITC Nexus One, LG eXpo and IQ, and Apple iPhone 3GS and iPod Touch 3G. Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google, LG and Apple are liable for their infringement of the'318 patent pursuant to 35 U.S.C. 927t. 51. Verizon, AT&T and Sprint have infringed and continue to inûinge one or more of the claims of the '318 patent by their use, sale, importation, and/or offer to sell infringing cell phones and other products. Verizon, AT&T and Sprint are liable for their infringement of the '318 patent pursuant to 35 U.S.C. ç 27L. 52. Defendants' acts of infringement have caused damage to MicroUnit}, and MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity as a result of their wrongful acts in an amount subject to proof at trial. Defendants' infringement of MicroUnity's t7
Slide 102: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 18 of 38 harm exclusive rights under the '318 patent will continue to damage MicroUnity, causing irreparable for which there is no adequate remedy at law, unless enjoined by this Court. 53. MicroUnity is infomred and believes, and on that basis alleges, that TI, Samsung and Motorola have had communications and contact with MicroUnity and are frrlly aware of MicroUnity's technology and patent portfolio including the '318 patent; that TI, Samsung and patent Motorola have proceeded to infringe the '318 patent vt'ith full and complete knowledge of the patent and and its applicability to their products without any attempt to take a license under the '318 without a good faith belief that the '318 patent is invalid or not infringed, and thus TI, Samsung and Motorola's infringement of the '318 patent is willful and deliberate, entitling MicroUnity to prosecuting this increased damages under 35 U.S.C. $ 284 and to attorney's fees and costs incurred in the action under 35 U.S.C. $ 285. MicroUnity reserves the right to allege, after discovery, that remaining defendants' infringement of the '318 patent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. this action under 35 U.S.C. $ 285. $ 284 and to attomey's fees and costs incurred in prosecuting r¡IFRINGEMENT OF U.S. PATENT NO. RE39'500 E 54. On July 30,111z,United St¿tes Patent No. 6,427,190 was duly and legally issued for an invention entitled "Configurable Cache Altowing Cache-Type and Buffer-Type Access." On February TI,2007,United States PatentNo. 6,427,190 was duly and legally reissued as United States Reissue patent No. RE39,500 E (the "500 patenf). MicroUnity was assigned the '500 patent and patent continues to hold alt rights and interest in the '500 patent. A true and conect copy of the '500 is attached hereto as Exhibit J. 55. TI and Qualcomm have infringed and continue to infringe one or more of the claims of the '500 patent by their manufactwe, use, sale, importation, and/or offer to sell their l8
Slide 103: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 19 of 38 processors, inctuding but not timited to TI's OMAP3 and OMAP4 series processors and Qualcomm's manufacture, Snapdragon processors, and by their knowingly contributing to and inducing others to software which use, sell, import and/or offer to sell cell phones and other products and services and patent. TI infringe and which practice processes that infringe one or more of the claims of the '500 U.S'C' and Qualcomm are liable for their infringement of the '500 patent prusuantto 35 527I. 56. Motorola, Nokia, Palm, samsung, sTA, Acer, HTC, Google and LG have infringed and continue to infringe one or more of the claims of the '500 patent by their manufacture, but not use, sale, importation, and/or offer to sell their cell phones and other products, including and limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galæ<y Spica GT-i5700 and IQ, by Ornnial{D i8910, Acer Liquid A1 and neoTouch, Google/HTC Nexus One, and LG eXpo providing software for use on such cell phones and other products, and by their knowingly to sell products and contributing to and inducing others to manufacture, use, sell, import and-/or offer one or more of the services and software which infringe and which practice processes that infringe and LG are claims of the '500 patent. Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google g liable for their infringement of the '500 patent pwsuant to 35 U.S.C. 27L 57. Verizon, AT&T and Sprint have infringed and continue to infringe one or more of infringing cell phones the claims of the '500 patent by their use, sale, importation, and/or offer to setl inûinge one or and other products and software which inÊinge and which practice processes that their more of the claims of the '500 patent, and by their knowingly contributing to and inducing or more of the customers to purchase arìd use services which practice processes that infringe one claims of the ,500 patent. Verizon, AT&T and Sprint are liable for their infringement of the'500 patent ptrsuantto 35 U.S.C. 927I. t9
Slide 104: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 20 of 38 58. TI, Qualcomm, Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google, LG, Verizon, AT&T and Sprint's acts of infringement have caused damage to MicroUnitY, and MicroUnity is entitled to recover from TI, Qualcomm, Motorol4 Nokia, Patrn, Samsung, STA, Acer, HTC, Google, LG, Verizon, AT&T and Sprint the damages sustained by MicroUnity as a result of their wrongflrl acts in an amount subject to proof at ftial. TI, Qualcomm, Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google, LG Verizon, AT&T and Sprint's infringement of MicroUnity's causing inepæable harm exclusive rights under the '500 patent will continue to damage MicroUnity, for which there is no adequate remedy af law, unless enjoined by this Court. 59. MicroUnity is informed and believes, and on that basis alleges, that TI and Motorola have had communications and contact with MicroUnity and æe fully aware of MicroUnity's technology and patent portfolio including United States Patent No. 6,427,190 from which the '500 patent was reissued without change to many of the original claims; that TI and Motorola have proceeded to infringe the '500 patent \¡vith full and complete knowledge of the patent and its applicabilþ to their products without any attempt to take a license under the '500 patent and without a good faith belief that the '500 patent is invalid or not infringed, and thus TI and Motorola's infringement of the '500 patent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incuned in prosecuting this action under 35 U.S.C. $ 2S5. MicroUnity reserves the right to allege, after discovery, that the remaining defendants' infringement of the '500 patent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under 35 u.s.c. $ 285. 20
Slide 105: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 21 of 38 TNFRTNGEMENT OF U.S. PATENT NO.6,725,356 C1 60. On April 20,2004, United States Patent No. 6,725,356 Ct (the "'356 patenf') was duly and legally issued for an invention entitled "system with Wide Operand Architecture, and Method." MicroUnity was assigned the '356 patent and continues to hold all rights and interest in the '356 patent. A true and correct copy of the '356 patent is attached hereto as Exhibit K. 6 1 . The '3 56 patent has been the subject of a reexamination proceeding, reexamination request number 951000,100, in which the patentability of claims 30 and 44 is confirmed, claims 1, 2, 7, 8, 13, 15, 16, lg, 27-29, 31, 37, 39-43 and 45-48 are determined to be patentable as amended, claims 3-6,9-12,14,!7,20-26,32-35and3Saredependentonanamendedclaimandaredetermined to be patentable, claims 49-104 have been added and are detennined to be patentable, and claims 18 and 36 are canceled. A copy of Reexamination Certifi caÍe 6,725,356 Ct is attached hereto as Exhibit L. 62. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or more of the claims of the '356 patentby their manufacture, use, sale, importation, and/or offer to sell their processors, including but not limited to TI's OMAP3 and OMAP4 series processors, Samsung and SSI's S5PC100 processors, and Qualcomm's Snapdragon processors, and by their knowingly contributing to and inducing others to manufacturs, use, sell, import and/or offer to sell cell phones and other products and services which practice processes that infringe one or more of tlre claims of the '356 patent. TI, Samsung, SSI and Qualcomm are liable for their infringement of the '356 patent pursuantto 35 U.S.C. ç271. 63. Motorola, Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG and Apple have infringed and continue to infünge one or more of the claims of the '356 patentby their manufacture, use, sale, importation, and/or offer to sell their cell phones and other products, including but not limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galaxy Spica GT-i5700 and 21
Slide 106: Case 2:10-cv-00091 Document 1 Filed 03/16/1 0 Page 22 of 38 OmniaHD i8910, Acer Liquid Al and neoTouch, GoogleÆITC Nexus One, LG eXpo and IQ, and Apple iphone 3GS, and by their knowingly contibuting to and inducing others to manufacture, use' one or sell, import and/or offer to sell products and services which practice processes that infringe Google, more of the claims of the '356 patent. Motorol4 Nokia, Palm, Sarnsung, STA, Acer, HTC, LG and Apple are liable for their infringement of the '356 patent pwsuant to 35 U.S.C . S 271- 64. Verizon, AT&T and Sprint have infringed and continue to infringe one or more of ,356 patent by their use, sale, importation, and/or offer to sell cell phones and other the claims of the patent, and by products which practice processes that infringe one or more of the claims of the '356 which their knowingly contributing to and inducing their customers to purchase and use services practice processes that infringe one or more of the claims of the '356 patent' Verizon, AT&T and Sprint are liable for their infringement of the '356 patent pursuant to 35 U.S'C . ç 271- 65, Defendants' acts of infringement have caused darnage to MicroUnity, ffid as a result MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity of MicroUnity's their wrongfrrl acts in an amount subject to proof at trial. Defendants' infringement of irreparable harm exclusive rights under the '356 patent will continue to damage MicroUnity, causing for which there is no adequate remedy af law, unless enjoined by this Court' 66. MicroUnity is informed and believes, and on that basis alleges, ttrat TI and Motorola have had communications and contact with Microunity and are fully aware of MicroUnity's technology and patent portfolio including the '356 patent; that TI and Motorola have proceeded to infringe the '356 patent with full and complete knowledge of the patent and its without applicability to their products without any attempt to take a license under the '356 patent and a good faith belief that the '356 patent is invalid or not infünged, and thus TI and Motorola's ,356 patent is willful and deliberate, entitling MicroUnity to increased damages infringement of the 22
Slide 107: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 23 of 38 under 35 under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action U.S.C. $ 285. MicroUnity reserves the right to allege, after discovery, that the remaining defendants' infringement of the ,356 patent is wi[fu] and deliberate, entitling Microunity to increased damages action under 35 under 35 U.S.C. $ 2g4 and to attomey's fees and costs incuned in prosecuting this u.s.c. $ 285. INFRINGEMENT OF U.S. PATENT N0. 7,213'13182 67. On May l,2007,United States Patent No. 7,213,131B2 (the "'131 patent") was duly and legally issued for an invention entitled "Programmable Processor and Method for partitioned Group Element Selection Operation." MicroUnity was assigned the '131 patent and of the '131 patent continues to hold all rights and interest in the ' 13 1 patent. A tue and correct copy is attached hereto as Exhibit M. 68. TI, Samsung, SSI and Qualcomm have infringed and contin-ue to infringe one or offer to sell more of the claims of the '131 patent by their manufacture, use, sale, importation, and/or processors' their infringing processors, including but not limited to TI's OMAP3 and OMAP4 series processors, and by Samsung and SSI's S5PC100 processors, and Qualcomm's Snapdragon to sell knowingty contributing to and inducing others to manufacture, use, sell, import, and/or offer patent. TI, cell phones and other products that infringe one or more of the claims of the '131 patent pursuant to 35 Samsung, SSI and Qualcomm are liable for their infringement of the '131 u.s.c. 527r. 69. Motorola" Noki4 Palm, Samsung, sTA, Acer, HTC, Google, LG and Apple have infringed and continue to infringe one or more of the claims of the '131 patent by their manufacture, products, including but not use, sale, importation, and/or offer to sell infringing cell phones and other limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galaxy Spica GT-i5700 and 23
Slide 108: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 24 of 38 OmniaHD i8910, Acer Liquid A1 and neoTouch, GoogleÆITC Nexus One, LG eXpo and IQ, and Apple iPhone 3GS and iPod Touch 3G. Motorol4 Nokia" Palm, Sarnsung, STA, Acer, HTC, Google, LG and Apple are liable for their infringement of the'l3l patent pwsuant to 35 U.S.C. s27t. 70. Verizon, AT&T and Sprint have infringed and continue to infringe one or more of the claims of the ' 1 3 1 patent by their use, sale, importation, and/or offer to sell infringing cell phones and other products. Verizon, AT&T and Sprint are liable for their infringement of the '131 patent pursuantto 35 U.S.C. $ 271. 71. Defendants' acts of infringement have caused damage to MicroUnity, md as a result MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity their wrongful acts in an amount subject to proof at of tial. Defendants' infringement of MicroUnity's exclusive rights under the '131 patent will continue to damage MicroUnity, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court' 72. MicroUnity is informed and believes, and on that basis alleges, that TI has had communications and contact with MicroUnity and is fully aware of MicroUnity's technology and patent portfolio including the '131 patent; that TI has proceeded to infringe the 'l3l patent'with fifl and complete knowledge of the patent and its applicability to its products without any attempt to take a license under the 'l3l patent and without a good faith belief that the '131 patent is invalid or not infringed, and thus TI's infringement of the '131 patent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under 35 U.S.C. $ 285. MicroUnity reserves the right to allege, after discovery, that the remaining defendants' infringement of the '131 patent is willful and deliberate, entitling MicroUnity 24
Slide 109: Case 2:10-cv-00091 Document 1 Filed 03/16/1 0 Page 25 of 38 in prosecuting to increased damages under 35 U.S.C. $ 284 and to attorney's fees and costs incurred r this actionunder 35 U'S.C. $ 285. INT'RTNGEMENT OF U.S. PATENT NO.7,216'2L7 82 73. patenf') was On May B, 2007, United States Patent No. 7,216,217 BZ (the "'217 with Group Floating-Point duly and legally issued for an invention entitled "Programmable Processor to hold all rights and interest in Operations.,, MicroUnity was assigne dthe'217 patent and continues the,2l7 patent. A true and correct copy of the '217 patentis attached hereto as ExhibitN' 74. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or inducing others to more of the claims of the '277 patent by knowingly conÍibuting to and products that infringe one or manufactwe, use, sell, import, and/or offer to sell cell phones and other processors' including but not limited to more of the claims of the '217 patent,by providing infringing TI,s OMAp3 and OMAP4 series processors, Samsung and SSI's S5PC100 Qualcomm',s Snapdragon pfocessors. processors, and TI, Samsung, SSI and Qualcomm are liable for their infringement of the'217 patentpursuant to 35 U'S'C' ç 27 l' 75. have Motorol4 Noki4 Palm, sarnsung, sTA, Acer, HTC, Google, LG and Apple patentby their manufacture, infringed and continue to infringe one or more of the claims of the '217 other products, including but not use, sale, importation, and/or offer to sell infringing cell phones and GT-i5700 and limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galæq' Spica omniaHD igglg, Acer Liquid Al and neoTouct¡ GooglelHTC Nexus One, LG eXpo and IQ, and Apple iPhone 3GS and iPod Touch 3G, Motorol4 Nokia" Palm, Samsung, STA' Acer' HTC' patent pursuant to 35 U'S'C' Google, LG and Apple are liable for their infringement of the '217 s271. 25
Slide 110: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 26 of 38 76. Verizon, AT&T and Sprint have infringed and continue to infringe one or more of phones the claims of the '217 patentby their use, sale, importation, and/or offer to sell infringing cell and other products. Verizon, AT&T and Sprint are liable for their infringement of the pursuant to 35 U.S.C . ç271. '2I7 paten| 77. Defendants' acts of infringement have caused damage to MicroUnity, ffid as a result MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity of their wrongful acts in an amount subject to proof at trial. Defendants' infringement of MicroUnity's exclusive rights under the'2!7 patent will continue to damage MicroUnity, causing ineparable harm for which there is no adequate remedy at law, unless enjoined by this Court. 1lg. MicroUnity reserves the right to allege, after discovery, that defendants' ,2!7 patentis willful and deliberate, entitling Microunþ to increased damages infringement of the 35 under 35 U.S.C. $ 284 and to attomey's fees and costs incuned in prosecuting this action under u.s.c. $ 285. TNT',RINGEMENT OF U.S. PATENT NO.7,260,70882 79. On August 21,2007, United States Patent No.7,260,708 B2 (the "'708 patenf') was duly and legally issued for an invention entitled "Programmable Processor and Method for partitioned Group Shift." MicroUnity was assigned the '708 patent and continues to hold all rights and interest in the '708 patent. A true and correct copy of the '708 patent is attached hereto as Exhibit O. 80. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or more of the claims of the '708 patent by their manufacture, use, sale, importation, andlor offer to sell their processors, including but not limited to TI's OMAP3 and OMAP4 series processors, Samsung and SSI's S5PC100 processors, and Qualcomm's Snapdragon processors, and by their knowingly 26
Slide 111: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 27 of 38 contributing to and inducing others to manufacture, use, sel[, import and/or offer to sell cell phones infringe one or and other products and services which infringe and which practice processes that more of the claims of the '708 patent. TI, Samsung, SSI and Qualcomm are liable for their infringement ofthe '708 patentpursuantto 35 U'S.C. ç271' 81. Motorola, Nokia, Palm, samsung, sTA, Acer, HTC, Google, LG and Apple have by their manufacture, infringed and continue to infringe one or more of the claims of the '708 patent products, including but not use, sale, importation, and/or offer to sell their cell phones and other and limited to the Motorola Droid, Nokia N900, PaIm Pre, Samsung Galaxy Spica GT-i5700 omniallD i8910, Acer Liquid A1 and neoTouch, GoogleÆITC Nexus One, LG eXpo and IQ, and inducing others to Apple iphone 3GS and ipod Touch 3G, and by their knowingly contributing to and infringe and which manufactgre, use, sell, import and/or offer to sell products and services which Nokia" Palm, practice processes that infringe one or more of the claims of the '708 patent. Motorola" of the '708 samsung, sTA, Acer, HTC, Google, LG and Apple are liable for their infringement patent pursuantto 35 U.S.C' ç271. g2. of Verizon, AT&T and Sprint have infringed and continue to infringe one or more infringing cell phones the claims of the '708 patent by their use, sale, importation, and/or offer to sell one or more of the and other products which infringe and which practice processes that inûinge .70g patent, and by their knowingly contibuting to and inducing their customers to claims of the claims of the purchase and use services which practice processes that infringe one or mole of the .70g patent. Verizon, AT&T and Sprint are liable for their infringement of the '708 patent pursuant to 35 U.S.C. ç27r. g3. Defendants' acts of infringement have caused damage to MicroUnity, and result of MicroUnity is entitled to recover from defendants the da:nages sustained by MicroUnity as a 27
Slide 112: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 28 of 38 their wrongful acts in an amount subject to proof at tial. Defendants' infringement of MicroUnity's harm exclusive rights under the '708 patent will continue to damage MicroUnity, causing ineparable for which there is no adequate remedy af law, ualess enjoined by this Court' 84. MicroUnity reserves the right to allege, after discovery, that defendants' .70g patent is willful and deliberate, entitling Microunity to increased damages infringement of the 35 under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under u.s.c. $ 28s. TNFRINGEMENT OF U.S. PATENT NO. 7'353"367 B2 85. On April 1, 2008, United States Patent No. 7,353,3 67 B2 (the *'367 patenf') was o'system and Software for Catenated Gtoup Shift duly and legally issued for an invention entitled interest in Instruction." MicroUnity was assigned the'367 patent and continues to hold all rights and the,367 patent. A true and correct copy of the '367 patentis att¿ched hereto as Exhibit P. 86. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or more of the clairns of the '367 patent by knowingly contributing to and inducing others to software that manufacture, use, sell, import, and/or ofîer to sell cell phones and other products and infringe one or more of the claims of the '367 patenÌ.,by providing processors such as TI's OMAP3 and OMAp4 series processors, Samsung and SSI's S5PC100 processors, and Qualcomm's of the '367 Snapdragon processors. TI, Samsung, SSI and Qualcomm are liable for their infringement patent pursuant to 35 U.S.C . 5271. 87. Motorol4 Noki4 PaIm, samsung, sTA, Acer, HTC, Google, LG and Apple have infringed and continue to infringe one or more of the claims of the '367 patentby their manufacture, products, including but not use, sale, importation, and/or offer to selt infringing cell phones and other timited to the Motorola Droid, Nokia N900, Palm Pre, samsung Gataxy spica GT-i5700 and
Slide 113: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 29 of 38 and IQ' and OmniaHD i8910, Acer Liquid A1 and neoTouch, GoogleÆITC Nexus One, LG eXpo cell phones and Apple iphone 3GS and iPod Touch 3G, and by providing software for use on such LG and Apple are other products. Motorol4 Nokia, Palm, Samsung, STA, Acer, HTC, Google, liable for their infringement of the '367 patsntpursuant to 35 U.S.C. S27l- gg. the claims of the of Verizor¡ AT&T and Sprint have infringed and continue to infringe one or more ,367 patentby their use, sale, importation, and/or offer to sell infringing cell phones and other products' and other products, and by providing software for use on such cell phones pa+sntpursuant to 35 U'S'C' Verizon, AT&T and Sprint are liable for their infringement of the '367 ç271. g9. Defendants, acts of infringement have caused damage to MicroUnity, md as a result Microunity is entitled to recover from defendants the damages sustained by Microunity of infringement of MicroUnity's their wrongful acts in an amount subject to proof at hial. Defendants' causing irreparable harm exclusive rights under fhe'367 patent will continue to damage Microunity, for which there is no adequate remedy at law, unless enjoined by this Court' 90. MicroUnity reserves the right to allege, after discovery, that defendants' infringement of the ,367 patentis willful and deliberate, entitling Microunity to increased damages prosecuting this action urder 35 under 35 U.S.C. $ 284 and to attorney's fees and costs incuned in u.s.c. $ 285. INFRINGEMENT OF U.S. PATENT NO. 7'509"36682 gl. patenf ') was On March Z4,Z}}g,United States Patent No. 7,509,3 66 B2 (the "'366 with Enhanced duly and legally issued for an invention entitled "Multiplier Anay Processing System and continues to hold all Utilization at Lower precision." MicroUnity was assigued the '366 patent 29
Slide 114: Case 2:10-cv-00091 Document 1 Filed 03i16/10 Page 30 of 38 is attached hereto as ,ights and interest in the '366 patent. A true and conect copy of the '366 patenl Exhibit Q. 92. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or and/or offer to sell more of the claims of the '366 patentby their manufacture, use, sale, importation, series processors' Samsung their processors, including but not limited to TI's OMAP3 and OMAP4 processors. Samsung and SSI have and SSI,s S5pC100 processors, and Qualcomm's Snapdragon to and induce others to knowingly contributed to and induced and continue to knowingly conhibute products and services which manufacture, use, sell, import and/or offer to sell cell phones and other of the '366 patent' TI, infringe and which practice processes that infringe one or more of the claims of the '366 patent pursuant to 35 Samsung, SSI and Qualcomm are liable for their infringement u.s.c. ç27r. 93. Apple have Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google, LG and patent by their manufacture, infringed and continue to infringe one or more of the claims of the '366 use, sale, importation, and/or offer to sell their cell phones and other products, including but not spica GT-i5700 and limited to the Motorola Droid, Nokia N900, Palm Pre, samsung Galaxy LG eXpo and IQ, and ornnial{D igglO, Acer Liquid A1 and neoTouch, Google/IITC Nexus one, Apple iPhone 3GS and iPod Touch 3G. Apple has knowingly contributed to and induced and use, sell, import and/or offer continues to knowingly contibute to and induce others to manufacture, that infringe one or more of to sell products and services which infringe and which practice processes Acer, HTC' Google' LG and the claims of the '366 patent Motorol4 Nokia' Palm, Samsung, STA, Appte are liable for their infringement of the '366 patent pursuant to 35 U'S'C ' ç271' 94. or more of Verizon, AT&T and Sprint have infringed and continue to infringe one to sell infringing cell phones the claims of the '366 patentby their use, sale, importation, and/or offer 30
Slide 115: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 31 of 38 and other products which infringe one or more of the claims of the '366pa'ærrt. AT&T has knowingly induce its customers' use contributed to and induced and continues to knowingly contribute to and of more of the claims of the services which infringe a¡d which practice processes that infringe one or ,366 patent Verizon, AT&T and Sprint are liable for their inûingement of the '366 patent pwsuant to 35 U.S.C. ç27r. 95. Defendants' acts of infringement have caused damage to MicroUnity, and as Microunity is entitled to recover ûom defendants the damages sustained by Microunity aresult of infringement of MicroUnity's their wrongfirl acts in an amount subject to proof at tial. Defendants' causing inepæable harm exclusive rights under the '366 patent will continue to damage MicroUnity, for which there is no adequate remedy at law, unless enjoined by this Court' 96. MicroUnity reserves the right to allege, after discovery, that defendants' infringement of the ,366 patentis willful and deliberate, entitling Microunity to increased damages in prosecuting this action under 35 under 35 U.S.C. $ 284 and ûo attomey's fees and costs incured u.s.c. $ 285. INFRTNGEMENT OF U.S. PATENT NO.7'653'806 B2 97. patenf') On January 26,2010, United States Patent No. 7,653,806 BZ (the "'806 for Performing was duly and legally issued for an invention entitled "Method and Apparatus patent and continues Improved Group Floating-Point Operations." MicroUnity was assigned the'806 of the '806 patent is attached to hold all rights and interest in the '806 patent. A true and correct copy hereto as ExhibitR. 9g. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or and/or offer to sell more of the claims of the '806 patent by their manufacture, use, sale, importation, series plocessors, their infringing processors, including but not limited to TI's OMAP3 and OMAP4 31
Slide 116: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 32 of 38 Samsung and SSI's S5PC100 processors, ærd Qualcomm's Snapdragon processors. TI, Samsung, SSI and Qualcomm are liable for their infringement of the '806 patent pursuant to 35 U'S.C. 527I. gg. Motorol4 Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG and Apple have infringed and continue to infringe one or more of the claims of the '806 patent by their manufacture, use, sale, importation, and/or offer to sell their infringing cell phones and other products, including but not limited to the Motorola Droid, NokiaN900, Palm Pre, Samsung Galaxy Spica GT-i5700 and OmniaHD i8910, Acer Liquid Al and neoTouch, GoogleÆITC Nexus One, LG eXpo and IQ, and Apple iPhone 3GS and iPod Touch 3G. Motorol4 Nokia, PaIm, Samsung, STA, Acer, HTC, Google, LG and Apple are liable for their infringement of the '806 patent pursuant to 35 U.S.C. s271. 100. Verizon, AT&T and Sprint have infringed and continue to infringe one or more of the claims of the '806 patent by their use, sale, importation, and/or offer to selI infringing cell phones and other products. Verizon, AT&T and Sprint are liable for their infringement of the '806 patent pursuant to 35 U.S.C. ç 271. 101. Defendants' acts of infringement have caused damage to MicroUnity, ffid as a result MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity their wrongful acts in an amount subject to proof at exclusive rights under the '806 patent of tial. Defendants' infringement of MicroUnity's will continue to damage MicroUnity, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. 102. MicroUnity reserves the right to allege, after discovery, that defendants' infringement of the '806 patent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under 35 u.s.c. $ 285. 32
Slide 117: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 33 of 38 TNFRTNGEMENT OF U.S. PATENT NO. 7,660'97282 103. *'972 patent") On February g, 2010, United States Patent No. 7,660,972 B2 (the was duly and legally issued for an invention entitled "Method and Software for Partitioned Floating- point Multiply-Add Operation." MicroUnity was assignedthe'972 patent and continues to hold all rights and interest tnthe'972 patent. A true and correct copy of the '972 patent is attached hereto as Exhibit S. 104. Samsung and SSI have infringed and continue to infringe one or more of the claims of the ,972 patent by their manufacture, use, sale, importation, andlor offer to sell their processors, including but not timited to their S5PC100 processors, and by knowingly contributing to and products inducing others to manufacture, use, sell, import, and/or offer to sell cell phones and other more of the claims and services which practice processes and include software that infringe one or the of ,972 patent. Samsung and SSI are liable for their infringement of the '972 patent pursuant to 35 u.s.c. ç27r. 105. Apple has infringed and continues to infringe one or more of the claims of the'972 patent by its manufacture, use, sale, importation, and/or offer to sell infringing cell phones and other products, inctuding but not limited to the Apple iPhone 3GS, which practice processes and include for use software that infringe one or more of the claims of the '972palent" and by providing software on such cell phones and other products. Apple is liable for its infringement of the '972 patent pursuant to 35 U.S.C. ç27I. and continues to infringe one or more of the claims of the 106. AT&T has infringed ,972 patentby its use, sale, importation and/or offer to seli infringing cell phones and other products which practice processes and include software that infringe one or more of the claims of the '972 patent, by its knowingly contributing to and inducing its customers to purchase and use services providing which practice processes that infringe one or more of the claims of the '356 patent, and by JJ
Slide 118: Case 2:10-cv-00091 Document 1 Filed 03/16/1 0 Page 34 of 38 software for use on such cell phones and other products. AT&T is liable for is inûingement of the 'gT2patentpursuantto 35 U.S.C. $ 271. 107. Samsung, SSI, Apple and AT&T's acts of infringement have caused damage to MicroUnity, and Microunity is entitled to recover from Samsung, SSI, Apple and AT&T the damages sustained by MicroUnity as a result of their wrongful acts in an amount subject to proof at trial. ,972 Samsung, SSI, Apple and AT&T's infringement of MicroUnity's exclusive rights under the pafent will continue to damage MicroUnity, causing irreparable harm for which there is no adequate remedy at law, unless enioined by this Court. 108. MicroUnity reserves the right to allege, after discovery, that Samsung, SSI, Apple and AT&T,s infringement of the '972 patent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under 35 U.S.C. $ 285' TNFRTNGEMENT OF U.S. PATENT NO.7,660,97382 109. On February g,2O1O, United States Patent No. 7,660,973 BZ (the "'973 patenf') was duly and legally issued for an invention entitled "system and Apparatus for Group Data Operations.', MicroUnity was assþe dthe'973 patent and continues to hold all rights and interest in the'973 patent. A true and conect copy of the '973 patentis attached hereto as Exhibit T. 110. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or more of the claims of the '973 patentby their manufacture, use, sale, importation, and/or offer to sell their infringing processors, including but not limited to TI's OMAP3 and OMAP4 series processors, Samsung and SSI's S5PC|00 processors, and Quatcomm's Snapdragon processors, and by knowingly contributing to and inducing others to manufacture, use, sell, import, and/or offer to sell cell phones and other products thæ infringe one or more of the claims of the '973 patent. TI, 34
Slide 119: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 35 of 38 patenl pursuant Samsung, SSI and Qualcomm are liable for their infringement of the '973 to 35 u.s.c. s27r. 111. Motorol4 Noki4 Palm, samsung, STA, Acer, HTC, Google, LG and Apple have manufacture' infringed and continue to infringe one or more of the claims of the '973 pa''f.:rrtby their products, including but not use, sale, importation, and/or offer to sell infringing cell phones and other GT-i5700 and limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galaxy Spica OmniaHD i8910, Acer Liquid Al and neoTouch, Google/HTC Nexus One, LG eXpo and IQ' and Appte iPhone 3GS and iPod Touch 3G. Motorol4 Nokia, Palm, samsung, sTA, Acer, HTC, patent pwsuant to 35 U'S'C' Google, LG and Apple are liable for their in.fringement of the '973 ç271. ll2. Verizor¡ AT&T and Sprint have infringed and continue to infringe one or more of sell infringing cell phones the claims of the '973 patentby their use, sale, importation, and/or offer to of the '973 patent and other products. Verizon, AT&T and Sprint are liable for their infringement pursuantto 35 U.S.C. ç271. 113. Defendants' acts of infringement have caused damage to MicroUnity, and as a result MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity of of MicroUnity's their wrongflrl acts in an amount subject to proof at trial. Defendants' infringement causing irreparable harm exclusive righa under the'973 patent will continue to damage MicroUnity, for which there is no adequate remedy at law, unless enjoined by this Court' ll4. MicroUnity reserves the right to allege, after discovery, that defendants' infringement of the ,973 patentis willful and deliberate, entitling MicroUnity to increased damages prosecuting this action under 35 under 35 U.S.C. $ 2g4 and to atüomey's fees and costs incuned in u.s.c. $ 28s. 35
Slide 120: Case 2:10-cv-00091 Document 1 Filed 03/16/10 Page 36 of 38 JTIRY DEMAND 115. MicroUnity demands a trial by jury on all issues. PRAYER FOR RELIEF WHEREFORE, Plaintitr MicroUnity Systems Engineering, fnc., requests entry of judgment in its favor and against defendants as follows: a) Declaration that defendants have infringed U.S. Patent Nos' 5,737,547 Ct, 5,742,840, 5,794,06! Cl, 5,812,799 Cr,6,006,318 Cl, R839,500 E, 6,725,356 Cl, 7,213,13182, 7,2L6,2r7 Pjz, 7,260,708 82, 7,353,367 F,2,7,509,366 B,2, 7,653,806 B.2,7,660,972 B2 and 7,660,973B.2; b) Awarding the damages arising out of defendants' infringement of U.S. Patent Nos' 5,737,547 C7,5,742,840, 5,794,061 Cl, 5,812,799 Cl, 6,006,318 Cl, R839,500 8,6,725,356 Ct, 7,2I3,I3182,7,216,217 82,7,260,708P,2,7,353,367 B.2,7,509,36682,7,653,80682,7,660,972 B2 and 7,660,973 B2, including enhanced damages pursuant to 35 U.S.C. $ 284, to MicroUnity, together with prejudgment and post-judgment interest, in an amount according to proof; c) Permanently enjoining defendants and their respective officers, agents, employees, and those acting in privity with them, from frirther infringement, of U.S. including contributory infringement and/or inducing infringement, Patent Nos. 5,737,547 CI, 5,742,840, 5,794,061 Cl,5,8l2,7gg C1,6,006,318 Cl, RE39,500F',6,725,356 Cl, 7,213,131B.2,7,216,217 82,7,260,708 82, 7,353,367 B¡2,7,509,36682,7,653,806B2,7,660,97282 and7,660,973B.2, or in the alternative, a post-judgment royalty for post-judgment infringement; d) by law; and An award of attorney's fees pursuant to 35 U.S.C. $ 285 or as otherwise permitted e) For such other costs and ftrther relief as the Court may deem just and proper. DATED: March 16,2010
Slide 121: Case 2:10-cv-00091 Document 1 Filed 03116110 Page 37 of 38 Respectfully Submitted, /s/ Stephen D. Susman Stephen D. Susman, Attomey-in-Charge State BarNo. 1952100 ssusman@susmangodfrey. com Max L. Tribble, Jr. State Bar No. 20213950 müibble@susmangodfr ey. com Joseph S. Grinstein St¿te j BarNo.24002188 grinstein@susmangodfr ey. com SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 7704? Telephone: (7 13) 651-9366 Facsimile: (713) 654-6666 Sidney Calvin Capshaw State BarNo. 03783900 ccap shaw@capshawlaw. com CAPSIIAW DERTEI-TX, L.L.P. 1127 Judson Rd - Ste 220 PO Box 3999 Longview, TX 7 5601-5157 (903) 236-9800 Fax: (903) 236-8787 Otis W. Caroll State BarNo.00794219 nancy@icklaw.com IRELAND, CARROLL & KELLEY, P.C. 6101 South Broadway, Suite 500 Tyler, TX75703 Telephone: (903) 561-1600 Facsimile: (903) 58 1-1071 Michael F. Heim State BarNo. 09380923 mheim@hpcllp.com }DIM, PAYNE & CHORUSH, L.L.P. 600 Travis, Suite 6710 Houston, Texas 77002 Telephone: (7 13) 221 -2000 Facsimile: Q L3) 221-2021 37
Slide 122: Case 2:10-cv-00091 Document 1 Filed 03i 16/1 0 Page 38 of 38 Douglas R. Wilson State BarNo.24037719 dwilson@hpcllp.com FGIM PAYNE & CHORUSH, L.L.P. 9 442 Capttal of Texas Hwy. PlazaI, Suite 500-146 Austin, Texas 78759 Teþhone: (512) 3 43 -3 622 Facsimile: (512) 345 -2924 George M. Schwab State BarNo. 58250 (CA) gschwab@ gmspatent. com LAV/ OFFICES OF GEORGE M. SCHWAB 235 Montgomery St., Suite 1026 San Francisco, CA 94104 1 Telephone: (41 5) 889-52 0 Attomeys for MICROUNITY SYSTEMS ENGINEERING, TNC. 38
Slide 123: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION │ SMARTPHONE TECHNOLOGIES │ LLC., │ │ Plaintiff, │ │ v. │ │ (1) RESEARCH IN MOTION CORP. │ (2) RESEARCH IN MOTION LTD. │ (3) SAMSUNG ELECTRONICS │ CO. LTD. │ (4) SAMSUNG ELECTRONICS │ AMERICA, INC. │ (5) SAMSUNG TELECOMMUNIC│ ATIONS AMERICA, LLC. │ │ (6) SANYO ELECTRIC CO., LTD. (7) SANYO ELECTRONIC DEVICE │ (U.S.A.), INC. │ (8) LG ELECTRONICS, INC. │ │ (9) LG ELECTRONICS USA, INC. (10) MOTOROLA, INC. │ (11) APPLE, INC. │ (12) PANTECH WIRELESS, INC. │ │ (13) INSIGHT ENTERPRISES, INC. (14) AT&T INC. and │ (15) AT&T MOBILITY LLC. │ │ Defendants. │ │ CIVIL ACTION NO. 6:10cv74 JURY TRIAL DEMANDED ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT This is an action for patent infringement in which plaintiff, SmartPhone Technologies LLC (“SmartPhone”), complains against defendants, Research In Motion Corporation (“RIM”), Research In Motion Ltd. (“RIM Ltd.”), Samsung Electronics Co. Ltd. (“Samsung”), Samsung Electronics America, Inc. (“Samsung USA”), Samsung
Slide 124: Telecommunications America LLC (“Samsung Telecom”), Sanyo Electric Co., Ltd. (“Sanyo”), Sanyo Electronic Device (U.S.A.), Inc. (“Sanyo USA”), LG Electronics, Inc. (“LG”), LG Electronics USA, Inc. (“LG USA”), Motorola, Inc. (“Motorola”), Apple, Inc. (“Apple”), Pantech Wireless, Inc. (“Pantech”), Insight Enterprises, Inc. (Insight”), AT&T Inc. (“AT&T”) and AT&T Mobility LLC (“AT&T Mobile”) as follows: THE PARTIES 1. SmartPhone is a Texas limited liability company with its principal place of business at 6136 Frisco Square Boulevard, Suite 400, Frisco, Texas 75034. 2. On information and belief, RIM is a Delaware corporation with a principal place of business at 122 W. John Carpenter Parkway, Suite 430, Irving, Texas 75039 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. RIM’s registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul Street, Dallas, Texas 75201. 3. On information and belief, RIM Ltd. is a Canadian corporation with a principal place of business at 295 Phillip Street, Waterloo, Ontario N2L 3W8 Canada and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. RIM Ltd. may be served at its principal place of business at 295 Phillip Street, Waterloo, Ontario N2L 3W8 Canada by International Registered Mail. 4. Upon information and belief, Samsung is a Korean corporation with a principal place of business at Samsung Main Building, 250 2-ka, Taepyuung-Ro, ChungKu, Seoul, Korea and does business in this judicial district by, among other things, 2
Slide 125: committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. Samsung may be served in accordance with the terms of the Hague Convention at its principal place of business at Samsung Main Building, 250 2-ka, Taepyuung-Ro, Chung-Ku, Seoul, Korea. 5. On information and belief, Samsung USA is a New York corporation with its principal place of business at 105 Challenger Road, Ridgefield Park, New Jersey 07660 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. Samsung USA’s registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul Street, Dallas, Texas 75201. 6. On information and belief, Samsung Telecom is a Delaware corporation with its principal place of business at 1301 East Lookout Drive, Richardson, Texas 75082 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. Samsung’s registered agent for service of process in Texas is Corporation Service Company d/b/a CSC - Lawyers Inc., 211 E. 7th Street, Suite 620, Austin, Texas 78701. 7. On information and belief, Sanyo is a Japanese corporation with a principal place of business at 2-5-5 Keihan-Hondori, Moriguchi-ku, Osaka 570-8677, Japan and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. Sanyo may be served in accordance with the terms of the Hague Convention at its principal place of business at 2-5-5 Keihan-Hondori, Moriguchi-ku, Osaka 5708677, Japan. 3
Slide 126: 8. On information and belief, Sanyo USA is a Delaware corporation with its principal place of business at 2600 Network Boulevard, 6th Floor, Frisco, Texas 75034 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. Sanyo’s registered agent for service of process in Texas is Prentice Hall Corporation, 701 Brazos Street, Suite 1050, Austin, Texas 78701. 9. Upon information and belief, LG is a Korean corporation with a principal place of business at LG Twin Towers 20, Yeouido-dong, Yeongdeunspo-gu, Seoul 150721, Korea and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. LG may be served in accordance with the terms of the Hague Convention at its principal place of business at LG Twin Towers 20, Yeouido-dong, Yeongdeunspo-gu, Seoul 150-721, Korea. 10. On information and belief, LG USA is a Delaware corporation with its principal place of business at 1000 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. LG USA’s registered agent for service of process in Texas is United States Corporation Co., 211 E. 7th Street, Suite 620, Austin, Texas 78701. 11. On information and belief, Motorola is a Delaware corporation with its principal place of business at 1303 East Algonquin Road, Schaumberg, Illinois 60196 and does business in this judicial district at 5000 Legacy Drive, Suite 325, Plano, Texas 75024, and by, among other things, committing directly and/or indirectly the tort of 4
Slide 127: patent infringement giving rise to this complaint. Motorola’s registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul Street, Dallas, Texas 75201. 12. On information and belief, Apple is a California corporation with its principal place of business at 1 Infinite Loop, Cupertino, California 95014 and does business in this judicial district at 6121 West Park Boulevard, Plano, Texas 75093, and by, among other things, committing directly and/or indirectly the tort of patent infringement giving rise to this complaint. Apple’s registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul Street, Dallas, Texas 75201. 13. On information and belief, Pantech is a Georgia corporation with its principal place of business at 5607 Glenridge Drive, Atlanta, Georgia 30342 and does business in this judicial district by, among other things, committing directly and/or indirectly the tort of patent infringement giving rise to this complaint. Pantech’s registered agent for service of process is CT Corporation System, 111 Eighth Avenue, New York, New York 10011. Alternatively, Pantech may be served with process by serving the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute, Texas Civil Practice & Remedies Code § 17.044 and asking the Secretary of State to serve Pantech at its principal place of business at 5607 Glenridge Drive, Atlanta, Georgia 30342 via Certified Mail -- Return Receipt Requested. 14. On information and belief Insight is a Delaware corporation with its principal place of business at 6829 South Harl Avenue, Tempe, Arizona 85283 and does and does business in this judicial district at 3480 Lotus Drive, Plano, Texas 75075 and by, among other things, committing jointly, directly and/or indirectly the tort of patent 5
Slide 128: infringement giving rise to this complaint. Insight’s registered agent for service of process is National Registered Agents, Inc., 638 North Fifth Avenue, Phoenix, Arizona 85003. Alternatively, Insight may be served with process by serving the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute, Texas Civil Practice & Remedies Code § 17.044 and asking the Secretary of State to serve Insight at its principal place of business at 6829 South Harl Avenue, Tempe, Arizona 85283 via Certified Mail -- Return Receipt Requested. 15. On information and belief, AT&T is a Delaware corporation with its principal place of business at 208 South Akard Street, Dallas, Texas 75202 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. AT&T’s registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul St., Dallas, Texas 75201. 16. On information and belief, AT&T Mobile is a Delaware corporation with its principal place of business at Glenridge Highlands Two, 5565 Glenridge Connector, Atlanta, Georgia 30342 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. AT&T Mobile’s registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul St., Dallas, Texas 75201. JURISDICTION AND VENUE 17. This action arises under the patent laws of the United States, Title 35 of the United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 6
Slide 129: 18. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and 1400(b). On information and belief, each defendant has purposely transacted business in this judicial district and has committed acts of joint, direct and/or indirect infringement in this judicial district. 19. On information and belief, each defendant is subject to this Court’s specific and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to their substantial business in this forum, including: (A) at least part of their infringing activities alleged herein, and (B) regularly doing or soliciting business, engaging in others persistent causes of conduct, and/or deriving substantial revenue from goods and services provided to persons and other entities in Texas and this judicial district. COUNT I (INFRINGEMENT OF U.S. PATENT NO. 6,950,645) 20. SmartPhone is the exclusive licensee of United States patent number 6,950,645, entitled “Power Conserving Intuitive Device Discovery Technique In A Bluetooth Environment” (“the ‘645 patent”) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘645 patent is attached as Exhibit A. 21. On information and belief, RIM and RIM Ltd. are jointly, directly and/or indirectly infringing at least one claim of the ‘645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Curve 8520. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the ‘645 patent pursuant to 35 U.S.C. § 271 and has thereby 7
Slide 130: caused damage and to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 22. On information and belief, Samsung, Samsung Telecom and Samsung USA are jointly, directly and/or indirectly infringing at least one claim of the ‘645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the OMNIA II smartphone. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the ‘645 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage and to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 23. On information and belief, LG USA and LG are jointly, directly and/or indirectly infringing at least one claim of the ‘645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the INCITE smartphone. LG USA and LG are thereby jointly and severally liable for infringement of the ‘645 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until LG USA and LG are enjoined. 24. On information and belief, Motorola is directly and/or indirectly infringing at least one claim of the ‘645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the 8
Slide 131: DROID smartphone. Motorola is thereby liable for infringement of the ‘645 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined. 25. On information and belief, Apple is directly and/or indirectly infringing at least one claim of the ‘645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple iPhone. Apple is thereby liable for infringement of the ‘645 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 26. On information and belief, AT&T and AT&T Mobile are jointly, directly and/or indirectly infringing at least one claim of the ‘645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the iPhone. AT&T and AT&T Mobile are thereby jointly and severally liable for infringement of the ‘645 patent pursuant to 35 U.S.C. § 271 and have thereby caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and AT&T Mobile are enjoined. 27. To the extent that facts learned in discovery show that any of the defendant’s acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. 9
Slide 132: COUNT II (INFRINGEMENT OF U.S. PATENT NO. 7,076,275) 28. SmartPhone is the exclusive licensee of United States patent number 7,076,275, entitled “Method And System For Single-Step Enablement Of Telephony Functionality For A Portable Computer System” “the ‘275 patent”) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘275 patent is attached as Exhibit B. 29. On information and belief, RIM and RIM Ltd. are jointly, directly and/or indirectly infringing at least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Curve 8520. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 30. On information and belief, Samsung, Samsung Telecom and Samsung USA are jointly, directly and/or indirectly infringing at least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the OMNIA II smartphone. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 10
Slide 133: 31. On information and belief, LG USA and LG are jointly, directly and/or indirectly infringing at least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the INCITE smartphone. LG USA and LG are thereby jointly and severally liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until LG USA and LG are enjoined. 32. On information and belief, Motorola is directly and/or indirectly infringing at least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the DROID smartphone. Motorola is thereby liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined. 33. On information and belief, Apple is directly and/or indirectly infringing at least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple iPhone. Apple is thereby liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined. 11
Slide 134: 34. On information and belief, Pantech is directly and/or indirectly infringing at least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the MATRIX PRO smartphone. Pantech is thereby liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Pantech is enjoined. 35. On information and belief, AT&T and AT&T Mobile are jointly, directly and/or indirectly infringing at least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the iPhone. AT&T and AT&T Mobile are thereby jointly and severally liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271 and have thereby caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and AT&T Mobile are enjoined. 36. To the extent that facts learned in discovery show that any of the defendant’s acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. COUNT III (INFRINGEMENT OF U.S. PATENT NO. 5,742,905) 37. SmartPhone is the exclusive licensee of United States patent number 5,742,905, entitled “Personal Communications Internetworking” (“the ‘905 patent”) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘905 patent is attached as Exhibit D. 12
Slide 135: 38. On information and belief, RIM and RIM Ltd. are jointly, directly and/or indirectly infringing at least one claim of the ‘905 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the BOLD 9700 smartphone. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the ‘905 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 39. On information and belief, Samsung, Samsung Telecom and Samsung USA are jointly, directly and/or indirectly infringing at least one claim of the ‘905 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the OMNIA II and INSTINCT smartphones. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the ‘905 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 40. On information and belief, Motorola is directly and/or indirectly infringing at least one claim of the ‘905 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the CLIQ smartphone. Motorola is thereby liable for infringement of the ‘905 patent pursuant to 35 13
Slide 136: U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined. 41. To the extent that facts learned in discovery show that any of the defendant’s acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. COUNT IV (INFRINGEMENT OF U.S. PATENT NO. 7,506,064) 42. SmartPhone is the exclusive licensee of United States patent number 7,506,064, entitled “Handheld Computer System That Attempts To Establish An Alternative Network Link Upon Failing To Establish A Requested Network Link” (“the ‘064 patent”) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘064 patent is attached as Exhibit D. 43. On information and belief, RIM and RIM Ltd. are jointly, directly and/or indirectly infringing at least one claim of the ‘064 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Curve 8320. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the ‘064 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 44. On information and belief, Samsung, Samsung Telecom and Samsung USA are jointly, directly and/or indirectly infringing at least one claim of the ‘064 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized 14
Slide 137: communications devices including without limitation the OMNIA II smartphone. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the ‘064 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 45. On information and belief, Motorola is directly and/or indirectly infringing at least one claim of the ‘064 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the DROID smartphone. Motorola is thereby liable for infringement of the ‘064 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined. 46. On information and belief, Apple is directly and/or indirectly infringing at least one claim of the ‘064 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple iPhone. Apple is thereby liable for infringement of the ‘064 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 47. On information and belief, AT&T and AT&T Mobile are directly and/or indirectly infringing at least one claim of the ‘064 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including 15
Slide 138: without limitation the iPhone. AT&T and AT&T Mobile are thereby jointly and severally liable for infringement of the ‘064 patent pursuant to 35 U.S.C. § 271 and have thereby caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and AT&T Mobile are enjoined. 48. To the extent that facts learned in discovery show that any of the defendant’s acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. COUNT V (INFRINGEMENT OF U.S. PATENT NO. 6,533,342) 49. SmartPhone is the exclusive licensee of United States patent number 6,533,342, entitled “System And Method Of A Personal Computer Device Providing Telephone Capability” “the ‘342 patent”) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘342 patent is attached as Exhibit E. 50. On information and belief, RIM and RIM Ltd. are jointly, directly and/or indirectly infringing at least one claim of the ‘342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the STORM smartphone. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the ‘342 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 51. On information and belief, Samsung, Samsung Telecom and Samsung USA are jointly, directly and/or indirectly infringing at least one claim of the ‘342 patent 16
Slide 139: in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the OMNIA II smartphone. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the ‘342 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 52. On information and belief, Sanyo and Sanyo USA are jointly, directly and/or indirectly infringing at least one claim of the ‘342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the INCOGNITO smartphone. Sanyo and Sanyo USA are thereby jointly and severally liable for infringement of the ‘342 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Sanyo and Sanyo USA are enjoined. 53. On information and belief, LG USA and LG are jointly, directly and/or indirectly infringing at least one claim of the ‘342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the INCITE smartphone. LG USA and LG are thereby jointly and severally liable for infringement of the ‘342 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until LG USA and LG are enjoined. 17
Slide 140: 54. On information and belief, Motorola is directly and/or indirectly infringing at least one claim of the ‘342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the DROID smartphone. Motorola is thereby liable for infringement of the ‘342 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined. 55. On information and belief, Apple is directly and/or indirectly infringing at least one claim of the ‘342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple iPhone. Apple is thereby liable for infringement of the ‘342 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 56. On information and belief, Pantech is directly and/or indirectly infringing at least one claim of the ‘342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the MATRIX PRO smartphone. Pantech is thereby liable for infringement of the ‘342 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Pantech is enjoined. 57. On information and belief, AT&T and AT&T Mobile are directly and/or indirectly infringing at least one claim of the ‘342 patent in this judicial district and 18
Slide 141: elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the iPhone. AT&T and AT&T Mobile are thereby jointly and severally liable for infringement of the ‘342 patent pursuant to 35 U.S.C. § 271 and have thereby caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and AT&T Mobile are enjoined. 58. To the extent that facts learned in discovery show that any of the defendant’s acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. COUNT VI (INFRINGEMENT OF U.S. PATENT NO. 6,711,609) 59. SmartPhone is the exclusive licensee of United States patent number 6,711,609, entitled “Method And Apparatus For Synchronizing An Email Client On A Portable Computer System With An Email Client On A Desktop Computer” (“the ‘609 patent”) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘609 patent is attached as Exhibit F. 60. On information and belief, RIM and RIM Ltd. are jointly, directly and/or indirectly infringing at least one claim of the ‘609 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Blackberry Enterprise Server. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the ‘609 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 19
Slide 142: 61. On information and belief, Apple is directly and/or indirectly infringing at least one claim of the ‘609 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple MobileMe. Apple is thereby liable for infringement of the ‘609 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 62. On information and belief, Insight is directly and/or indirectly infringing at least one claim of the ‘609 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Blackberry Exchange Server. Insight is thereby liable for infringement of the ‘609 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Insight is enjoined. 63. To the extent that facts learned in discovery show that any of the defendant’s acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. COUNT VII (INFRINGEMENT OF U.S. PATENT NO. RE. 40,459) 64. SmartPhone is the exclusive licensee of United States reissue patent number 40,459, entitled “Method And Apparatus For Communicating Information Over Low Bandwidth Communications Networks” (“the ‘459 patent”) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘459 patent is attached as Exhibit G. 20
Slide 143: 65. On information and belief, RIM and RIM Ltd. are jointly, directly and/or indirectly infringing at least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Curve 8520. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 66. On information and belief, Samsung, Samsung Telecom and Samsung USA are jointly, directly and/or indirectly infringing at least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the OMNIA II smartphone. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 67. On information and belief, LG USA and LG are jointly, directly and/or indirectly infringing at least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the INCITE smartphone. LG USA and LG are thereby jointly and severally liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271 and has 21
Slide 144: thereby caused damage to SmartPhone, which infringement and damage will continue unless and until LG USA and LG are enjoined. 68. On information and belief, Motorola is directly and/or indirectly infringing at least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the DROID smartphone. Motorola is thereby liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined. 69. On information and belief, Apple is directly and/or indirectly infringing at least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple iPhone. Apple is thereby liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 70. On information and belief, Pantech is directly and/or indirectly infringing at least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the MATRIX PRO smartphone. Pantech is thereby liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Pantech is enjoined. 22
Slide 145: 71. On information and belief, AT&T and AT&T Mobile are directly and/or indirectly infringing at least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the iPhone. AT&T and AT&T Mobile are thereby jointly and severally liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271 and have thereby caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and AT&T Mobile are enjoined. 72. To the extent that facts learned in discovery show that any of the defendant’s acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. PRAYER FOR RELIEF Wherefore, SmartPhone respectfully requests that this Court enter: A. A judgment in favor of SmartPhone that each defendant has infringed the ‘645, ‘275, ‘905, ‘064, ‘342 ‘609 and ‘459 patents as aforesaid and that such infringement was willful; B. A permanent injunction enjoining each defendant, its officers, directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents and all others acting in active concert or privity therewith from direct, indirect and or joint infringement of the ‘645, ‘275, ‘905, ‘064, ‘342, ‘609 and ‘459 patents as aforesaid pursuant to 35 U.S.C. § 283; 23
Slide 146: C. A judgment and order requiring each defendant to pay SmartPhone its damages, including enhanced damages, costs and expenses, together with pre- and postjudgment interest thereon pursuant to 35 U.S.C. § 284; D. A judgment and order finding that this is an exceptional case and awarding SmartPhone its reasonable attorneys fees pursuant to 35 U.S.C. § 285, and E. entitled. DEMAND FOR JURY TRIAL SmartPhone requests a trial by jury on all issues so triable by right pursuant to Fed. R. Civ. P. 38. Respectfully submitted, SMARTPHONE TECHNOLOGIES LLC Date: March 3, 2010 By: T. John Ward, Jr. Texas State Bar. No. 00794818 J. Wesley Hill Texas State Bar. No. 24032294 WARD & SMITH LAW FIRM P.O. Box 1231 Longview, Texas 75601 Tel: (903) 757-6400 Fax: (903) 757-2323 Email: jw@jwfirm.com Email: wh@jwfirm.com Attorneys for Plaintiff SmartPhone Technologies, Inc. Any and all further relief to which the Court may deem SmartPhone 24
Slide 147: Of counsel: Paul J. Hayes Dean G. Bostock MINTZ, LEVIN, COHN, FERRIS, GLOVSKY and POPEO, P.C. One Financial Center Boston, Massachusetts 02111 Tel: (617) 542-6000 Fax: (617) 542-2241 25