Facebook, Inc. v. BlackBerry Limited et al

Filing 1

COMPLAINT for Patent Infringement against BlackBerry Corporation, BlackBerry Limited ( Filing fee $ 400, receipt number 0971-12650708.). Filed byFacebook, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Keefe, Heidi) (Filed on 9/4/2018)

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 1 of 118

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COOLEY LLP
HEIDI L. KEEFE (178960)
([e-mail])
MARK R. WEINSTEIN (193043)
([e-mail])
MATTHEW J. BRIGHAM (191428)
([e-mail])
LOWELL D. MEAD (223989)
([e-mail])
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone: [phone]
Facsimile: [phone]

COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
101 California Street
5th Floor
San Francisco, CA 94111-5800
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Case No. 18-5434

FACEBOOK, INC.,
a Delaware corporation,
Plaintiff,

COMPLAINT FOR
PATENT INFRINGEMENT

v.

BLACKBERRY LIMITED,
a Canadian corporation, and
BLACKBERRY CORPORATION,
18 a Delaware corporation,
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JURY TRIAL DEMANDED

Defendants.

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CASE NO. 18-5434

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COMPLAINT

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COMPLAINT FOR PATENT INFRINGEMENT

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1.

Plaintiff

Facebook,

(“Facebook”)

Limited

submits

(“BlackBerry

the

following

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Complaint against

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BlackBerry Corporation (“BlackBerry Corp.”) (collectively, “BlackBerry”):

Ltd.”)

and

NATURE OF THE ACTION

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BlackBerry

Inc.

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Facebook brings this action against BlackBerry for infringement of

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U.S. Patent No. 8,429,231 (“’231 patent”), U.S. Patent No. 7,567,575 (“’575 patent”),

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U.S. Patent No. 6,356,841 (“’841 patent”), U.S. Patent No. 7,228,432 (“’432 patent”),

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U.S. Patent No. 6,744,759 (“’759 patent”), and U.S. Patent No. 7,302,698

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(“’698 patent”) (collectively “the Patents-in-Suit”).
FACEBOOK BACKGROUND

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3.

Facebook’s mission is to give people the power to build community and

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bring the world closer together. Facebook’s top priority is to build useful and engaging

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products that enable people to connect and share with friends and family through mobile

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devices, personal computers, and other surfaces. Facebook also helps people discover

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and learn about what is going on in the world around them, enable people to share their

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opinions, ideas, photos and videos, and other activities with audiences ranging from

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their closest friends to the public at large, and stay connected everywhere by accessing

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Facebook’s products, including:

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•

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Facebook. Facebook enables people to connect, share, discover,
and communicate with each other on mobile devices and

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personal computers. There are a number of different ways to

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engage with people on Facebook, the most important of which

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is News Feed which displays an algorithmically-ranked series

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of stories and advertisements individualized for each person.

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•

through photos, videos, and direct messages. Instagram is also a

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Instagram. Instagram is a community for sharing visual stories

CASE NO. 18-5434

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COMPLAINT

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place for people to stay connected with the interests and

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communities that they care about.

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Messenger. Messenger is a messaging application that makes it

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easy for people to connect with other people, groups and

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businesses across a variety of platforms and devices.

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WhatsApp. WhatsApp is a fast, simple, and reliable messaging
application that is used by people around the world to connect

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securely and privately.
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Facebook is also investing in a number of longer-term initiatives, such as

connectivity efforts, artificial intelligence research, and augmented and virtual reality,
to develop technologies that Facebook believes will help Facebook better serve
Facebook’s communities and pursue Facebook’s mission to give people the power to
build community and bring the world closer together.
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Facebook’s product development philosophy is centered on continuous

innovation in creating and improving products that are social by design, which means
that Facebook’s products are designed to place people and their social interactions at
the core of the product experience. As Facebook’s user base grows, and the level of
engagement from the people who use Facebook’s products continues to increase,
including with video, Facebook’s computing needs continue to expand. Facebook
makes significant investments in technology both to improve Facebook’s existing
products and services and to develop new ones, as well as for Facebook’s marketers and
developers. Facebook is also investing in protecting the security and integrity of
Facebook’s platform by investing in both people and technology to strengthen
Facebook’s systems against abuse.

research and development expenses of $7.75 billion, $5.92 billion, and $4.82 billion in
2017, 2016, and 2015, respectively.

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Facebook’s technology investments included

CASE NO. 18-5434

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COMPLAINT

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6.

To establish and protect Facebook’s proprietary rights, Facebook relies on

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a combination of patents, trademarks, copyrights, trade secrets, including know-how,

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license agreements, confidentiality procedures, non-disclosure agreements with third

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parties, employee disclosure and invention assignment agreements, and other

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contractual rights. In addition, to further protect Facebook’s proprietary rights, from

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time to time Facebook has purchased patents and patent applications from third parties.

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THE PARTIES

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7.

Facebook is a corporation organized and existing under the laws of the

State of Delaware, having its principal place of business at 1601 Willow Road, Menlo
Park, CA 94025.
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Defendant BlackBerry Ltd. is a corporation organized and existing under

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the laws of Canada, having its principal place of business at 2200 University Avenue

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East, Waterloo, Ontario, Canada N2K 0A7.

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Defendant BlackBerry Corp. is a corporation organized and existing under

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the laws of the State of Delaware. BlackBerry Corp. operates offices in the Northern

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District of California, including locations at 3001 Bishop Drive, Suite 400, San Ramon,

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CA 94583, 331 Fairchild Drive, Suite 300 & 1st Floor, Mountain View, CA 94043,

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837 Arnold Drive, Suites 400 & 600, Martinez, CA 94553, and 2988 Campus Drive,

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Suites 100, 110, 115, and 200, San Mateo, CA 94403.
JURISDICTION

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This is a civil action for patent infringement arising under the patent laws

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of the United States, Title 35 of the United States Code. This Court has exclusive

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subject matter jurisdiction over this complaint pursuant to 28 U.S.C. §§ 1331 and

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1338(a).

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This Court has personal jurisdiction over BlackBerry. Upon information

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and belief, BlackBerry has committed and continues to commit acts of infringement

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giving rise to this action within California and within this judicial district. For example,

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BlackBerry has committed and continues to commit acts of infringement in this District,

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COMPLAINT

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by among other things, using, offering for sale, and selling products that infringe the

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Patents-in-Suit. Furthermore, BlackBerry does substantial business in California and

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within this District. BlackBerry Corp. is registered to do business in the State of

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California. BlackBerry Corp. also has offices and employees in California and within

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this District, including its Principal Executive Office and Principal Business Office in

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California located at 3001 Bishop Drive, Suite 400, San Ramon, CA 94583. On

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information and belief, BlackBerry Corp. is a wholly owned subsidiary, directly or

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indirectly, of BlackBerry Ltd., and BlackBerry Corp. conducts business in this judicial

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district and in the United States on behalf of BlackBerry Ltd. In conducting business

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in California and in this judicial district, BlackBerry derives revenue from the infringing

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products being used, sold, imported, and/or offered for sale and providing service and

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support to BlackBerry’s customers in California and this District.
VENUE

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Venue is appropriate in the Northern District of California pursuant to

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28 U.S.C. §§ 1391(b) and (c) and 1400(b).

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infringement within this judicial district giving rise to this action. BlackBerry has and

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continues to conduct business in this District, including one or more acts of selling,

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using, importing, and/or offering for sale infringing products or providing service to

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customers in this District. In addition, BlackBerry Corp. has regular and established

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places of business in this District including the office locations identified above.

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BlackBerry Ltd. is not a resident of the United States and therefore may be properly

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sued in this judicial district.
COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,429,231

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BlackBerry has committed acts of

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Facebook incorporates by reference and re-alleges all foregoing

paragraphs of this Complaint as if fully set forth herein.
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Facebook is the owner by assignment of U.S. Patent No. 8,429,231

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(“’231 patent”), entitled “Voice Instant Messaging,” including the exclusive right to

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bring suit to enforce the patent and the exclusive right to obtain relief for infringement.

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COMPLAINT

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The ’231 patent was duly and legally issued by the U.S. Patent and Trademark Office

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on April 23, 2013. The patent properly claims priority to U.S. Application Ser.

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No. 09/810,159, filed on March 19, 2001, which claims the benefit of U.S. Provisional

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Application No. 60/189,974, filed on March 17, 2000, and U.S. Provisional Application

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No. 60/239,917, filed on October 13, 2000.

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A true and correct copy of the ’231 patent is attached as Exhibit A.

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The ’231 Patent is valid and enforceable under the United States Patent

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Laws.

SUMMARY OF INVENTION

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The ’231 patent traces its roots to America Online, Inc. (“AOL”).

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In particular, the written description contained in the ’231 patent was originally filed on

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behalf of AOL with substantially the same content on March 19, 2001. In 2012,

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Facebook acquired hundreds of patents and related patent application rights that had

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been previously held by AOL.

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Before the filing of the patent applications that led to the ’231 patent,

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instant messaging involving the exchange of text messages between senders and

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recipients was well-known and widely used. The patent’s Background section states,

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for example, that AOL had provided subscribers with the ability to send and receive

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instant messages and that instant messaging was becoming a preferred means of

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communicating among online subscribers. (’231, col. 1:33-41.)

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The inventions of the ’231 patent provide techniques and related system

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functionality for enabling voice communication between users of an instant messaging

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system. The ’231 patent states that the described invention “relates generally to

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transferring data between subscribers of a communications system and more

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particularly to transferring audio data between subscribers of an instant messaging

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host.” (Id., col. 1:13-16.) The patent describes the use of multiple communication

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channels in an instant messaging system to enable voice communication. The patent

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states, for example: “Voice communication may be enabled by establishing a generic

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COMPLAINT

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signaling interface channel, a control channel, and an audio channel between the sender

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and the recipient.” (Id., col. 1:64-66.)

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Among other things, the ’231 patent describes that using multiple channels

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including a generic signaling interface channel can protect users of the communication

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system, such as by providing for the exchange of local IP addresses only when both

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users permit the exchange. The patent states, for example: “In one implementation, a

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talk tool establishes an active talk session using three communication channels: a

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Generic Signaling Interface (GSI) channel, a control channel, and an audio channel.

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The talk tool uses the GSI channel to establish the initial connection. During this

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connection, the local IP addresses are exchanged. After the initial connection phase is

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done, the GSI channel is no longer used.” (Id., col. 13:27-33.) The patent further states:

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“By using the GSI channel, the exchange of local IP addresses is only done when both

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users permit such an exchange, i.e., by clicking on the CONNECT UI. These actions

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protect users from having their local EP [sic, IP] addresses automatically obtained

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without their consent.” (Id., col. 13:27-38.)

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Consistent with these statements, the claims of the ’231 patent recite the

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use of more than one channel, including a generic signaling interface channel, to

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establish

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(See ’231, Claims 1 and 10.)

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voice

communication

between

the

sender

and

the

recipient.

The ’231 patent also describes that the instant messaging system can

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determine the voice communication capabilities of the recipient. The patent states, for

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example: “Once the instant message is verified, the host 604 determines the capabilities

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of the recipient (step 615). For example, the host 604 may monitor and update the

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online status, client version, and device type of all connected subscribers in real time.

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The capability to receive audio data may depend on hardware (e.g., device type),

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software (e.g., client version), and/or transfer preferences (e.g., blocked screen names).

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To be talk enabled, both the talk software and audio equipment must be available. The

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host 604 then reports the capabilities of the recipient to the sender (step 620).” (Id., col.

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COMPLAINT

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12:16-25.)
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Consistent with this description, each claim of the ’231 patent recites that

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the invention includes steps or functions of determining voice communication

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capabilities of the recipient and establishing voice communication “based on the

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determined voice communication capabilities of the recipient and based on the

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indication that the sender has selected the voice communication option.”

BLACKBERRY’S INFRINGEMENT

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BlackBerry has infringed and is continuing to infringe the ’231 patent by

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making, using, selling and/or offering to sell in the United States, or importing into the

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United States, products or processes that practice the ’231 patent in violation of

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35 U.S.C. § 271(a), including without limitation its BBM Enterprise software product

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and related functionality.

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BlackBerry’s infringement of the ’231 patent has caused and will continue

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to cause damage to Facebook for which Facebook is entitled to recovery under

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35 U.S.C. § 284.

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As set forth below, BlackBerry infringes the ’231 patent. The following

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description is exemplary and illustrative of BlackBerry’s infringement based on

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publicly available information. Facebook expects to further develop the evidence of

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BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of

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this action.

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BBM Enterprise is an instant messaging application and associated system

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that permits users to exchange text messages and engage in voice and video

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communications. For example, a user of BBM Enterprise can select a telephone button

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to initiate a voice call, as shown in the annotated screenshot below.

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COMPLAINT

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BlackBerry infringes the ’231 patent in connection with BBM Enterprise.

The following exemplary figure from the ’231 patent, annotated in red, illustrates how
an instant messaging user can initiate voice communication by selecting a button.

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COMPLAINT

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29.

An illustrative description of BlackBerry’s infringement on an element-

by-element basis is provided below for exemplary claims of the patent.
 1[p] A method comprising:
BlackBerry provides BBM Enterprise, which performs the method described
below, as used in a variety of different platforms.

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(Source: BBM-Enterprise-latest-Security-Note-en.pdf at 6.)
 [a] enabling presentation of a first communication graphical user
interface to a sender, the first communication graphical user interface
comprising one or more communication options including a voice
communication option;
BBM Enterprise enables presentation of a first communication graphical user
interface to a sender, the first communication graphical user interface comprising one
or more communication options including a voice communication option. For example,
BBM Enterprise uses a chat interface on the sender’s mobile device or computer that
presents a sender with an option to send a text message or a voice call.

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COMPLAINT

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(Source: BBM Enterprise – Secure Cross-Platform Instant Messaging Demo, at 1:39

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(published 10/31/2017) (annotated), available at

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https://www.youtube.com/watch?v=4AhQS6LYHug.)

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COMPLAINT

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(Source: https://help.blackberry.com/en/bbm-enterprise-for-

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android/current/help/uvm1474995230203.html)

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 [b] enabling presentation of a second communication graphical user
interface to a recipient;

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BBM Enterprise enables presentation of a second communication graphical user

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interface to a recipient. For example, the recipient of a BBM Enterprise message views

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the received message in a BBM Enterprise communication interface displayed on the

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recipient’s mobile device or computer.

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COMPLAINT

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(Source: BBM Enterprise – Secure Cross-Platform Instant Messaging Demo, at 1:39

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(published 10/31/2017), available at

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https://www.youtube.com/watch?v=4AhQS6LYHug.)

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(Source: Apple Store, BBM Enterprise, https://itunes.apple.com/us/app/bbm-

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enterprise/id1147293419?mt=8 (annotated).)

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 [c] determining voice communication capabilities of the recipient;

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COMPLAINT

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BBM Enterprise determines voice communication capabilities of the recipient.

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For example, if a recipient can receive voice or video calls, voice and video icons are

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presented to the sender of a message. In addition, an icon can be shown that identifies

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that a contact can participate in BBM Voice calls, reflecting that the voice

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communication capabilities of the contact (potential recipient) have been determined.

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(Source: https://emm.b2b-

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blackberry.net/dls/Manuals/BBM/PC/BBM_Enterprise_Windows-

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macOS_1.2.UserGuide-en.pdf)

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COMPLAINT

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(Source: https://help.blackberry.com/en/bbm-enterprise-for-

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android/current/help/uvm1474995230203.html)
 [d] receiving, at a server, an indication that the sender has selected the

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voice communication option; and

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BBM Enterprise receives, at a server, an indication that the sender has selected

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the voice communication option. For example, after a user selects the voice call icon,

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a BBM Enterprise server receives a request from a sender to set up a voice call with a

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recipient.

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COMPLAINT

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(Source: https://help.blackberry.com/en/bbm-protected-security/latest/bbm-protected-

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security/sqp1464359148449.html)

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 [e] establishing, based on the determined voice communication

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capabilities of the recipient and based on the indication that the sender

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has selected the voice communication option, a voice communication

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between the sender and the recipient using more than one channel

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including at least a generic signaling interface channel.

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BBM Enterprise establishes, based on the determined voice communication

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capabilities of the recipient and based on the indication that the sender has selected the

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voice communication option, a voice communication between the sender and the

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recipient using more than one channel including at least a generic signaling interface

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channel. The establishment of voice communication uses multiple channels including

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COMPLAINT

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a generic signaling interface channel. For example, voice communication established

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between devices on Wi-Fi or cellular networks uses a generic signaling interface

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channel and may use one or more cellular network channels or Wi-Fi channels.

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IP addresses may be provided as part of establishing the voice communication. The

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establishment of voice communication may also use one or more additional channels,

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such as cellular network control channels as well as a channel through the BlackBerry

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Infrastructure, which may be an encrypted channel.

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(Source: https://help.blackberry.com/en/bbm-protected-security/latest/bbm-protected-

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security/sqp1464359148449.html)

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COMPLAINT

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COMPLAINT

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(Source: https://help.blackberry.com/en/bbm-protected-security/latest/bbm-protected-

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security/zgh1464359194884.html)

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COMPLAINT

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(Source: BBM Enterprise – Secure Cross-Platform Instant Messaging Demo, at 1:48

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(published 10/31/2017) (annotated), available at

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https://www.youtube.com/watch?v=4AhQS6LYHug.)

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 3. The method of claim 1, wherein determining voice communication

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capabilities of the recipient comprises determining whether the recipient

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has enabled a hardware device for voice communication.

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As explained with respect to Claim 1[c], BBM Enterprise determines voice

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communication capabilities of the recipient comprising determining whether the

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recipient has enabled a hardware device for voice communication. For example, BBM

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Enterprise determines whether the recipient’s device hardware and/or software supports

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voice communication.

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 4. The method of claim 1, wherein determining voice communication

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capabilities of the recipient comprises determining whether the recipient

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has enabled software for voice communication.

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As explained with respect to Claim 1[c], BBM Enterprise determines voice

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communication capabilities of the recipient comprising determining whether the

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recipient has enabled software for voice communication. For example, BBM Enterprise

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determines whether the recipient’s device hardware and/or software supports voice

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communication.

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 6. The method of claim 1, further comprising reporting the voice

COOLEY LLP
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CASE NO. 18-5434

20

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 21 of 118

1

communication capabilities of the recipient to the sender.

2

BBM Enterprise reports the voice communication capabilities of the recipient to

3

the sender. For example, BBM Enterprise displays voice and video call icons if the

4

recipient has voice and video call capability, as discussed with respect to Claim 1[c].

5

 9. The method of claim 1, wherein the more than one channel further

6

comprises a different communications channel than a control channel

7

associated with instant message communications between the sender and

8

the recipient.

9

BBM Enterprise uses more than one channel including a different

10

communication channel than a control channel associated with instant message

11

communications between the sender and recipient. For example, on information and

12

belief, a control channel is used for the text instant messaging in BBM Enterprise that

13

is different from a voice communications channel.
30.

14
15

including without limitation monetary damages no less than a reasonable royalty.
COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,567,575

16

31.

17
18

Facebook is entitled to relief as a result of BlackBerry’s infringement,

Facebook incorporates by reference and re-alleges all foregoing

paragraphs of this Complaint as if fully set forth herein.
32.

19

Facebook is the owner by assignment of U.S. Patent No. 7,567,575

20

(“’575 patent”), entitled “Personalized multimedia services using a mobile service

21

platform,” including the exclusive right to bring suit to enforce the patent and the

22

exclusive right to obtain relief for infringement. The ’575 patent was duly and legally

23

issued by the U.S. Patent and Trademark Office on July 28, 2009. The patent is based

24

on U.S. Patent Application Ser. No. 10/136,540 filed on May 1, 2002, and claims the

25

benefit of U.S. Provisional Application No. 60/317,712, filed on Sep. 7, 2001.

26

33.

A true and correct copy of the ’575 patent is attached as Exhibit B.

27

34.

The ’575 patent is valid and enforceable under the United States Patent

28

Laws.

COOLEY LLP
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CASE NO. 18-5434

21

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 22 of 118

SUMMARY OF INVENTION

1
2

35.

The ’575 patent originated with AT&T Corp. (“AT&T”), as reflected on

3

the face of the patent. At the time of the patent filing, AT&T identified itself as among

4

the world’s premier voice, video, and data communications companies, serving

5

consumers, businesses, and government. Backed by the research and development

6

capabilities of AT&T Labs, AT&T ran the world’s largest, most sophisticated

7

communications network, was the largest cable operator in the U.S., was a leading

8

supplier of data and Internet services for businesses, and offered outsourcing, consulting

9

and networking-integration to large businesses, according to the company.

10

36.

Before the filing of the ’575 patent, users of mobile devices could access

11

content on the Internet over a wireless connection. (See ’575, col. 1:24-49.) However,

12

according to the ’575 patent, accessing multimedia data on the Internet from a mobile

13

device over a wireless connection was often unreliable and could suffer from congestion

14

and problematic transmission conditions.

15

“[w]ireless access links suffer from severe transmission conditions, such as narrow

16

bandwidth, higher bit error rates and high latency.” (Id., col. 2:12-14.) “Another

17

problem with wireless links is congestion of the control and request channels when these

18

channels are used simultaneously to deliver the multimedia content.” (Id., col. 2:22-

19

25.) According to the ’575 patent, “[i]t would, therefore, be desirable to provide

20

personal multimedia services delivered over a wireless communication channel to a

21

variety of mobile device types while minimizing congestion of the control and request

22

paths. It would further be desirable to provide a mobile service platform and separate

23

multimedia servers having distinct channels for delivering transcoded multimedia data

24

and adapting the delivery of the multimedia data to fluctuations of the wireless

25

communication channel conditions.” (Id., col. 2:26-34.)

26

37.

For example, according to the patent,

The invention of the ’575 patent addresses these perceived needs.

27

The invention provides a mobile platform to deliver multimedia (for example, graphics,

28

video, and/or audio) with a request path and control channel to minimize congestion

COOLEY LLP
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CASE NO. 18-5434

22

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 23 of 118

1

while leveraging the identity of the mobile user and a profile of the mobile device. The

2

patent identifies a number of technological improvements to computer network

3

functionality that flow from the invention, such as the following:

4



“In one aspect of the invention, a method for providing multimedia data

5

from at least one controllable multimedia source to a mobile device includes providing

6

a request path from the mobile device to a mobile service platform, receiving a request

7

from the mobile device, obtaining a device profile from the mobile device,

8

authenticating the identity of a user of the mobile device, and determining a user profile

9

in response to the user identity. The method further includes authorizing control and

10

access to the at least one multimedia source, providing a control channel from the

11

mobile service platform to at least one multimedia server, providing multimedia data

12

delivery information to the at least one multimedia server, and providing multimedia

13

data to the mobile device in response to the request via the at least one multimedia

14

server. With such a technique, personal multimedia services are delivered over a

15

wireless communication channel to a variety of mobile device types while minimizing

16

congestion of the control and request paths, and a mobile user can control multimedia

17

sources over the wireless channel. By routing the control paths through the mobile

18

service platform and the content delivery paths through multimedia servers, the control,

19

transcoding, and multimedia delivery functions are handled efficiently without

20

overloading any particular communications pipe. The inventive technique enables

21

different modes of communication from a multitude of handheld devices for efficient

22

and personalized multimedia delivery.” (Id., col. 2:60-3:18.)

23



“In general, the present invention provides personalized multimedia

24

service by integrating a mobile service platform, and a plurality of multimedia servers

25

for wireless multimedia delivery. The mobile service platform operates as a message

26

gateway for allowing mobile devices using various protocols on different access

27

networks to access multimedia resources on the Internet and various other networks.

28

The mobile service platform includes a flexible architecture having a plurality of

COOLEY LLP
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CASE NO. 18-5434

23

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 24 of 118

1

components that cooperate to service mobile device service requests.” (Id., col. 4:19-

2

28.)

3

38.

The claims of the ’575 patent, which includes claim 1 and the claims that

4

depend from claim 1, reflect these technological benefits to computer network

5

functionality. Claim 1 recites a method for providing multimedia data from at least one

6

controllable source to a mobile device, consistent with the specification’s descriptions

7

for personalized multimedia data delivery where a mobile user can control multimedia

8

sources. As described in the specification, by using the inventive technique for

9

authorizing control and access to the at least one multimedia source, providing a control

10

channel from the mobile service platform to at least one multimedia server, providing

11

multimedia data delivery information to the at least one multimedia server, and

12

providing multimedia data to the mobile device in response to the request via the at least

13

one multimedia server, as reflected in claim 1, personal multimedia services can be

14

delivered over a wireless communication channel to a variety of mobile device types

15

while minimizing congestion of the control and request paths, and a particular mobile

16

user can exercise control over multimedia sources through the wireless channel.

17

39.

Claim 1 further recites steps including providing a request path from the

18

mobile device to a mobile service platform, providing a control channel from the mobile

19

service platform to at least one multimedia server, and providing multimedia data to the

20

mobile device via the at least one multimedia server. These features of claim 1 further

21

reflect the specification’s teachings that by routing the control paths through the mobile

22

service platform and the content delivery paths through multimedia servers, the control

23

and multimedia delivery functions are handled efficiently without overloading any

24

particular communications pipe, and that the inventive technique enables different

25

modes of communication from a multitude of handheld devices for efficient and

26

personalized multimedia delivery.

27
28

40.

Furthermore, claim 1 recites steps of obtaining a device profile,

authenticating the identity of a user of the mobile device, determining a user profile

COOLEY LLP
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CASE NO. 18-5434

24

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 25 of 118

1

corresponding to the user identity, and authorizing control and access to the at least one

2

multimedia source. These features reflect the specification’s descriptions of how the

3

invention provides benefits including personal multimedia services and personalized

4

multimedia delivery.

BLACKBERRY’S INFRINGEMENT

5
6

41.

BlackBerry has infringed and is continuing to infringe the ’575 patent by

7

making, using, selling and/or offering to sell in the United States, or importing into the

8

United States, products or processes that practice the ’575 patent in violation of

9

35 U.S.C. § 271(a), including without limitation its BlackBerry UEM (Unified

10

Endpoint Manager) product and related functionality, which were formerly named

11

BlackBerry Enterprise Server (BES) in various versions, including its implementation

12

with BlackBerry’s Secure Connect Plus product and related functionality.

13
14
15

42.

BlackBerry’s infringement of the ’575 patent has caused and will continue

to cause damage for which Facebook is entitled to recovery under 35 U.S.C. § 284.
43.

As set forth below, BlackBerry infringes the ’575 patent. The following

16

description is exemplary and illustrative of BlackBerry’s infringement based on

17

publicly available information. Facebook expects to further develop the evidence of

18

BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of

19

this action.

20

44.

The BlackBerry UEM product provides endpoint management and policy

21

control for devices and apps. BlackBerry provides a cloud-based solution hosted by

22

BlackBerry. BlackBerry Secure Connect Plus is a BlackBerry UEM component that

23

provides a secure IP tunnel between apps and an organization’s network. A network

24

architecture illustration by BlackBerry is provided below, with the red annotation

25

added.

26
27
28
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CASE NO. 18-5434

25

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 26 of 118

1
2
3
4
5
6
7
8
9
10
11

45.

An illustrative figure from the ’575 patent is provided below, with the red

annotation added around an exemplary mobile service platform.

12
13
14
15
16
17
18
19
20
21
22
23
24
25

46.

An illustrative description of BlackBerry’s infringement on an element-

by-element basis is provided below for exemplary claims of the patent.

26

 1[p] A method for providing multimedia data from at least one

27

controllable multimedia source to a mobile device comprising:

28
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CASE NO. 18-5434

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COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 27 of 118

1

BlackBerry UEM, including its implementation with Secure Connect Plus,

2

provides for the secure transfer of data between the source and the device. According

3

to BlackBerry, UEM helps “[s]ecure and manage mobile devices, laptops and other

4

endpoints across different operating systems and ownership models. Control user access

5

to business apps, data and content. And do it all from a single, easy-to-use management

6

console, with an extensive set of policies and profiles to suit your needs.”

7

(Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/ds-

8

blackberry-uem.pdf)

9
10
11
12
13
14
15
16
17
18
19
20
21

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/

22

ake1452094272560.html)

23
24
25
26
27
28
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CASE NO. 18-5434

27

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 28 of 118

1
2
3
4
5
6
7
8
9
10

(Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/
lsh1428958213732.html)

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12
13
14
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17
18
19
20
21
22

(Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/

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lsh1428958213732.html)

24
25

 [a] providing a request path from the mobile device to a mobile service
platform;

26

BlackBerry UEM, including implementations with Secure Connect Plus,

27

includes functionality that allows a mobile device to request secure access to data from

28
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CASE NO. 18-5434

28

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 29 of 118

1

the user’s organization. In order for a mobile device to access the data through

2

BlackBerry UEM, the user may activate their device using a supplied username and

3

password. For many types of devices, this activation is done through the UEM Client

4

application in communication with the UEM server, which may be a cloud

5

implementation. UEM provides a request path from the user’s device to the mobile

6

service platform in the cloud. The request path passes between the mobile device and

7

the organizational content through BlackBerry’s UEM architecture.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/

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ake1452094272560.html)

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26
27
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CASE NO. 18-5434

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COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 30 of 118

1
2
3
4
5
6
7
8
9
10

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/
ake1452094272560.html)

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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/
ake1452094272560.html)

COOLEY LLP
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CASE NO. 18-5434

30

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 31 of 118

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2
3
4
5
6
7
8
9
10
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12
13
14

(Source: http://help.blackberry.com/en/blackberry-uem/current/administration/

15

blackberry-uem-client.html)

16

 [b] receiving a request from the mobile device;

17

BlackBerry UEM includes functionality that receives requests from mobile

18

devices, such as a request to permit the device to obtain a secure connection between

19

the device and an organization’s apps or related content.

20
21
22
23
24
25
26
27
28
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CASE NO. 18-5434

31

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 32 of 118

1
2
3
4
5
6
7
8
9
10
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12

(Source: http://help.blackberry.com/en/blackberry-uem/current/administration/

13

blackberry-uem-client.html)

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21
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27
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CASE NO. 18-5434

32

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 33 of 118

1
2
3
4
5
6

(Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/

7

lsh1428958213732.html)

8

 [c] obtaining a device profile from the mobile device;

9

In order to activate a device and establish a connection on BlackBerry UEM, a

10

mobile device is required to send certain information to BlackBerry UEM, including

11

sending encrypted CSR and HMAC information.

12

connection with requesting information from a remote source, the mobile device also

13

transmits device profile data (information about the mobile device) to the UEM server

14

or cloud implementation, such as the device type, operating system, and/or other profile

15

information.

On information and belief, in

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17
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CASE NO. 18-5434

33

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 34 of 118

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2
3
4
5
6
7
8
9
10
11
12

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/

13

kja1394733078938.html)

14
15
16
17
18
19
20
21
22
23
24

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/activation-

25

profile.html)

26
27
28
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CASE NO. 18-5434

34

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 35 of 118

1
2
3
4
5
6
7
8
9
10

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/
activating_devices.html)

11
12
13
14
15
16
17

(Source: http://help.blackberry.com/en/blackberry-uem-client-for-android/current/

18

user-guide/mws1480630841555.html)

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CASE NO. 18-5434

35

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 36 of 118

1

(Source: http://help.blackberry.com/en/blackberry-uem/current/administration/

2

creating-a-device-group.html)

3

 [d] authenticating the identity of a user of the mobile device;

4

BlackBerry UEM requires a user to activate the user’s device before accessing

5

the secure network. This activation process requires an assigned username and

6

password, or the work email and password associated with the user. This information

7

required for activation authenticates the identity of the user. In addition, the UEM

8

server or cloud implementation authenticates the identity of the user of the mobile

9

device in connection with requests from the mobile device to the cloud implementation.

10

According to BlackBerry, the BlackBerry Infrastructure provides a trusted path between

11

the organization and every user based on mutual authentication.

12
13
14
15

(Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/ds-

16

blackberry-uem.pdf)

17
18
19
20

(Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/ds-

21

blackberry-uem.pdf)

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CASE NO. 18-5434

36

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 37 of 118

1
2
3
4
5
6
7
8
9
10

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/
activating_devices.html)

11
12
13
14
15
16
17
18
19

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/

20

ake1452094272560.html)

21

 [e] determining a user profile corresponding to the user identity;

22

Once a device has been activated with BlackBerry UEM using a username and

23

password assigned to the user, and when a user’s mobile device seeks access through

24

the network, the system can determine that a user profile has been created. This user

25

account allows the administrator to assign IT policies and profiles to make sure the

26

appropriate features are available to the user.

27
28
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CASE NO. 18-5434

37

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 38 of 118

1
2
3
4

(Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/ds-

5

blackberry-uem.pdf)

6
7
8
9

(Source: http://help.blackberry.com/en/blackberry-uem/current/administration/
managing_user_groups_and_user_accounts.html)

10
11
12
13
14
15

(Source: http://help.blackberry.com/en/blackberry-uem/current/administration/
adr1374514829642.html)

16
17
18
19
20
21
22
23
24

(Source: http://help.blackberry.com/en/blackberry-uem/current/administration/
ake1371676480571.html)

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COOLEY LLP
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CASE NO. 18-5434

38

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 39 of 118

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2
3
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9
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12
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20
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(Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/
activating_devices.html)
 [f] authorizing control and access to the at least one multimedia source;
Once a device has been activated with BlackBerry UEM, the system recognizes
the device profile that has been created by the administrator. For example, the device
profile directs what productivity apps the device has been assigned, the degree of
protection based on the user’s role and assigns IT policies and profiles to make sure the
appropriate features are available to the mobile device. The system authorizes control
and access to the multimedia source such as a corporate intranet or other multimedia
content repository. Examples of multimedia content identified by the ’575 patent
include “image media such as GIF, JPEG and PNG; audio media such as Real Audio,
wav, au; and video files such as QuickTime, MPEG, and Motion JPEG.” (’575, col.
9:36-41.)

22
23
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25

(Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/dsblackberry-uem.pdf)

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CASE NO. 18-5434

39

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 40 of 118

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2
3
4
5
6
7
8
9
10
11

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/activation-

12

profile.html)

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14
15
16
17
18
19
20

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/

21

activating_devices.html)

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CASE NO. 18-5434

40

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 41 of 118

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2
3
4
5
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8
9
10
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12
13

(Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/

14

lsh1428958213732.html)

15

 [g] obtaining a mobile device transmission profile;

16

Once a device has been activated with BlackBerry UEM, the system recognizes

17

the device profile and user account that has been created by the administrator. The

18

device profile includes work connection functionality, which defines how devices

19

connect to work resources, such as content servers, for data transfer. On information

20

and belief, in order to transmit data, the system obtains a mobile device transmission

21

profile (e.g., information that describes the protocol of the wireless channel

22

environment), such as data describing the Wi-Fi and/or application transmission

23

protocols used in order to transmit data.

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CASE NO. 18-5434

41

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 42 of 118

1
2
3
4
5
6
7

(Source: http://help.blackberry.com/en/blackberry-uem/current/administration/

8

wnw1513879285859.html)

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13
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CASE NO. 18-5434

42

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 43 of 118

1

(Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/

2

car1398183904582.html)

3
4
5
6
7
8
9
10
11
12
13
14
15

(Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/

16

lsh1428958213732.html)

17
18

 [h] providing a control channel from the mobile service platform to at
least one multimedia server;

19

BlackBerry UEM, including implementation with Secure Connect Plus, has

20

functionality that communicates with devices to create a secure tunnel for data transfer

21

from the device to the app. For example, BSCP signaling includes both a TLS tunnel

22

and a DTLS tunnel with transcoder as illustrated below.

23
24
25

Data flow: Accessing an application or content server using BlackBerry Secure
Connect Plus

26
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(Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/

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lsh1428958213732.html)

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22
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(Source: http://devblog.blackberry.com/2015/07/bes12-v12-2-and-the-blackberry-

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secure-connect-plus-transport/)

25
26

 [i] providing multimedia data delivery information to the at least one
multimedia server; and

27

Multimedia data delivery information is provided to the multimedia server. For

28

example, transmission-related data passes through BlackBerry UEM and its

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CASE NO. 18-5434

44

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 45 of 118

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components.

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3
4
5
6
7
8
9
10

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/
ake1452094272560.html)

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CASE NO. 18-5434

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COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 46 of 118

1

(Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/

2

lsh1428958213732.html)

3
4

 [j] providing multimedia data to the mobile device in response to the
request via the at least one multimedia server.

5

BlackBerry UEM responds to a request from a mobile device, creates a secure

6

connection for data transfer, connects to third-party apps, and transmits data through

7

BlackBerry UEM, and the data is then delivered to the end-user’s mobile device.

8

BlackBerry UEM provides the multimedia data to the mobile device, serving as an

9

intermediary between the multimedia server and the mobile device.

10
11
12
13
14
15

(Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/

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lsh1428958213732.html)

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CASE NO. 18-5434

46

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 47 of 118

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2
3
4
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19
20
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23
24

(Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/

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lsh1428958213732.html)

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CASE NO. 18-5434

47

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 48 of 118

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2
3
4
5
6
7
8
9
10
11

(Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/
ake1452094272560.html)
 3. The method of claim 1 further comprising providing a user control

12

path from the mobile device to the at least one controllable multimedia

13

source via the at least one multimedia server for controlling the at least

14

controllable multimedia source from the mobile device.

15

BlackBerry UEM provides a user control path from the mobile device to the at

16

least one controllable multimedia source via the at least one multimedia server for

17

controlling the at least controllable multimedia source from the mobile device, as

18

discussed above with respect to Claim 1. UEM provides a path for a user of a mobile

19

device, such as a smartphone, connected to a multimedia source, such as a corporate

20

intranet, to control the multimedia source from the mobile device.

21

 4. The method of claim 1 further comprising providing a user control

22

path from the mobile device to the at least one controllable multimedia

23

source via the mobile service platform for controlling the at least

24

controllable multimedia source from the mobile device.

25

BlackBerry UEM provides a user control path from the mobile device to the at

26

least one controllable multimedia source via the mobile service platform for controlling

27

the at least controllable multimedia source from the mobile device, as discussed above

28

with respect to Claim 1. UEM provides a path for a user of a mobile device, such as a

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CASE NO. 18-5434

48

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 49 of 118

1

smartphone, connected to a multimedia source, such as a corporate intranet, to control

2

the multimedia source from the mobile device.
 22. The method of claim 1 wherein the mobile device includes devices

3
4

selected from the group consisting of SMS mobile phones, WAP mobile

5

phones, PDA devices, Instant Messaging devices, e-mail devices, two

6

way pagers, pocket PCs, handheld PCs, and smart phones.

7

BlackBerry UEM can connect to a host of devices, including mobile phones,

8

laptops, and even wearable headsets. BlackBerry’s UEM helps “[s]ecure and manage

9

mobile devices, laptops and other endpoints across different operating systems and

10

ownership models. Control user access to business apps, data and content. And do it all

11

from a single, easy-to-use management console, with an extensive set of policies and

12

profiles to suit your needs.”

13

(Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/ds-

14

blackberry-uem.pdf)

15
16
17
18
19
20
21

(Source: http://help.blackberry.com/en/blackberry-uem/current/overview-and-whats-

22

new/dsc1395171862872.html)

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24
25
26
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28

47.

Facebook is entitled to relief as a result of BlackBerry’s infringement,

including without limitation monetary damages no less than a reasonable royalty.
COUNT III: INFRINGEMENT OF U.S. PATENT NO. 6,356,841
48.

Facebook incorporates by reference and re-alleges all foregoing

paragraphs of this Complaint as if fully set forth herein.
49.

Facebook is the owner by assignment of U.S. Patent No. 6,356,841

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CASE NO. 18-5434

49

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 50 of 118

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(“’841 patent”), entitled “G.P.S. management system,” including the exclusive right to

2

bring suit to enforce the patent and the exclusive right to obtain relief for infringement.

3

The ’841 patent was duly and legally issued by the U.S. Patent and Trademark Office

4

on March 12, 2002. The patent is based on U.S. Patent Application Ser. No. 09/474,368

5

filed on December 29, 1999.

6

50.

A true and correct copy of the ’841 patent is attached as Exhibit C.

7

51.

The ’841 patent is valid and enforceable under the United States Patent

8

Laws.

SUMMARY OF INVENTION

9
10

52.

The ’841 patent originated with BellSouth Intellectual Property

11

Corporation, as indicated on the face of the patent. BellSouth Intellectual Property

12

Corporation was affiliated with telecommunications provider BellSouth Corp., which

13

traced its roots to the AT&T corporate family. BellSouth Corp. was acquired by AT&T

14

Inc. in 2006 for a reported $85.8 billion.

15

53.

The ’841 patent notes that Global Positioning System (GPS) data was

16

known and used prior to the patented invention, but its use was limited and subject to a

17

number of drawbacks. As stated in the patent: “One of the drawbacks of conventional

18

G.P.S. systems is the local and isolated nature of the G.P.S. information. Currently, the

19

position information is only sent to the local user and the location history, or where the

20

user has been, cannot be determined. Furthermore, conventional G.P.S. systems do not

21

allow centralized storage and processing of information and conventional G.P.S.

22

systems cannot track multiple G.P.S. users.” (’841, col. 1:17-24.)

23

54.

The invention of the ’841 patent provides centralized tracking and analysis

24

from a “central location,” enabling one or more remote devices and their associated

25

items, such as vehicles, to be tracked centrally. The patent states: “The invention

26

generally allows accurate and convenient tracking and management of multiple G.P.S.-

27

equipped remote entities.” (’841, col. 2:55-57.) The inventive system reflected in the

28

patent also includes numerous additional features that provide benefits as described in

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CASE NO. 18-5434

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COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 51 of 118

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the specification. For example, “the system includes provisions that allow information

2

stored in the remote unit to be transmitted to the central location during periods of

3

relative inactivity. This feature allows information to be transferred from the remote

4

unit to the central location without interfering with the function of the system during

5

busy or active periods of time.” (Id., col. 1:61-67.)

6

55.

The invention also provides additional benefits such as a power-saving

7

state to conserve power usage by the remote GPS-equipped device. The patent includes

8

a section entitled “Power Conservation Features” that states as follows:

9
10
11
12
13
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18
19
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The invention includes provisions to conserve power. When
the system detects an ignition off condition, the system
processes all of the computing steps associated with the
detection of an ignition off condition, and then the ICU enters
a ‘sleep’ mode in order to reduce power consumption. When
in sleep mode, power shall be supplied only to those
components that must still function when the vehicle is not
moving.
During the “sleep mode” the alert call features, including the
RAT (Remote Alert Transmitter) button, still function. The
preferred way the system allows the alert call feature to
function during a state of ‘sleep,’ such that the system comes
out of sleep mode when the system senses an activation of a
technician alert call, either from an in-vehicle button or a
remote button, and the ICU comes out of the sleep mode long
enough to perform alert call processing functions.
System parameters, location of the vehicle, and other stored
data is maintained while the ICU is in sleep mode. Turning
the vehicle ignition on causes the ICU to come out of the sleep
mode and resume normal processing.
Preferably, the ICU is designed to conserve power during all
of its operating modes. Primary vehicle power consumption
by all G.P.S. components within the vehicle should not to
exceed 1 Amp hour for any twenty-four hour period.
(’841, col. 11:45-12:2.)

28
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CASE NO. 18-5434

51

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 52 of 118

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56.

The claims of the ’841 patent, including the claims infringed by

2

BlackBerry, reflect the technological benefits and advantages over the prior art that the

3

specification describes. For example, claims 12 and 26 recite that a remote unit

4

receiving GPS information has a first state where it consumes a first quantity of power

5

and a second state where it consumes a second quantity of power. These claim features

6

reflect the specification’s teachings that the invention includes provisions to conserve

7

power, such as a “sleep” mode and related functionality to reduce power consumption.

8

Claim 12 further recites that where the remote unit stores the GPS information in a

9

memory and transmits the GPS information to a central location when the unit is in a

10

second state, and claims 19 and 25 recite that the remote unit detects a loss of GPS

11

signal and stores information associated with the loss of signal, reflecting the data

12

storage-related features of the invention as described in the specification.

BLACKBERRY’S INFRINGEMENT

13
14

57.

BlackBerry has infringed and is continuing to infringe the ’841 patent by

15

making, using, selling and/or offering to sell in the United States, or importing into the

16

United States, products or processes that practice the ’841 patent in violation of

17

35 U.S.C. § 271(a), including without limitation BlackBerry’s Radar products,

18

including Radar-L and Radar-M, and related software products and system

19

functionality.

20
21
22

58.

BlackBerry’s infringement of the ’841 patent has caused and will continue

to cause damage for which Facebook is entitled to recovery under 35 U.S.C. § 284.
59.

As set forth below, BlackBerry infringes the ’841 patent. The following

23

description is exemplary and illustrative of BlackBerry’s infringement based on

24

publicly available information. Facebook expects to further develop the evidence of

25

BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of

26

this action.

27
28
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CASE NO. 18-5434

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COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 53 of 118

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60.

BlackBerry’s Radar products provide asset tracking and monitoring

2

functionality. Using web-based software, customers can view the locations of assets,

3

such as trucks in a fleet, which have Radar devices installed. An illustration by

4

BlackBerry of the Radar Dashboard user interface is provided below.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

(Source: https://us.blackberry.com/qnx-radar/trailer-chassis-and-container-tracking/

20

radar-solution/radar-services)

21

61.

Illustrative figures from the ’841 patent are provided below.

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26
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CASE NO. 18-5434

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COMPLAINT

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CASE NO. 18-5434

54

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 55 of 118

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(’841, Figs. 15 and 17.)
62.

An illustrative description of BlackBerry’s infringement on an element-

by-element basis is provided below for exemplary claims of the patent.
 12[p]. A system comprising:

13

BlackBerry’s Radar products including associated software comprise an asset

14

tracking system. The Radar device contains sensors and attaches to commercial

15

vehicles and reports various vehicle conditions including location, motion, humidity,

16

and door events. The reports can be provided to a central location, such as to monitor

17

a truck fleet that has Radar devices installed.

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CASE NO. 18-5434

55

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 56 of 118

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2
3
4
5

(Source: https://us.blackberry.com/qnx-radar/trailer-chassis-and-container-tracking/

6

radar-solution/radar-services)
 12[a] (a) a central location;

7
8

As shown above, the Radar system includes a central location, such as a location

9

from which the Radar devices and associated assets are monitored. BlackBerry states

10

that

11

(Source: https://docs.radar.blackberry.com/.)

12

Dashboard interface through the web at https://dashboard.radar.blackberry.com/.

13

it

provides

“securely

hosted

cloud

services”

for

Radar.

BlackBerry directs users to access a

 12[b] (b) a remote unit in communication with the central location, the

14

remote unit in communication with a Global Positioning System receiver

15

and receiving Global Positioning System information from the Global

16

Positioning System receiver; wherein

17

The BlackBerry Radar-L and Radar-M asset tracker devices each contain

18

components including sensor and processing components and a GPS receiver.

19

Each device contains components that communicate with the central location such as

20

by transmitting location and sensor data.

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22
23
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 12[c] the remote unit having a first state wherein the remote unit
consumes a first quantity of power and a second state where the remote
unit consumes a second quantity of power, the first quantity of being
greater than the second quantity of power;

16

The remote unit has multiple different states that consume different quantities of

17

power. For example, when a Radar device has a low battery and/or detects a low

18

temperature and is not in continuous motion, the data update rate will be decreased (for

19

example, decreasing the data update rate from the default 15 minutes to 30 minutes or

20

more) “to maintain battery life.” By decreasing the data update rate, the device

21

consumes less power and therefore maintains battery life.

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23
24
25
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CASE NO. 18-5434

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COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 58 of 118

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12
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15
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18
19

(Source: https://docs.radar.blackberry.com/guides/user_guide_asset/#low-

20

temperature-or-low-battery-conditions )

21

 12[d] the remote unit storing the Global Positioning System information

22

in a memory wherein the remote unit transmits the Global Positioning

23

System information to the central location when the remote unit is in the

24

second state.

25

The remote unit stores GPS data in a memory. For example, in normal operation,

26

a Radar device takes data readings every 5 minutes and uploads data to the network

27

every 15 minutes, confirming that the device stores the data in a memory.

28

In the second state of operation (lower-power state with low battery and/or low

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CASE NO. 18-5434

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temperature), the device also transmits GPS data to the central location at a different

2

rate, as indicated by the evidence cited for Claim 12[c] above.

3
4
5
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7
8
9
10
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

(Source: https://www.fleetcomplete.com/en/products/blackberry-radar/)
 15. The system according to claim 12, wherein other information, in
addition to the Global Positioning System information, is stored in the
memory.
On information and belief, Radar device memories store GPS data as well as
other information such as sensor data, as indicated for Claim 12[d]. As noted for
Claim 12[d], in normal operation the device takes data readings every 5 minutes and
uploads data every 15 minutes, storing data in the interim.
 16. The system according to claim 12, wherein other information is
stored in the memory.
See claim 15.
 23[p]. A system comprising:
See claim 12[p].
 23[a]. a remote unit in communication with a central location, the
remote unit comprising a Global Positioning System receiver, a
processor in communication with the Global Positioning System receiver
and in communication with a memory,
The BlackBerry Radar-L and Radar-M asset tracker devices each contain
components including a GPS receiver, processor, and memory. Both the Radar-L and

28
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CASE NO. 18-5434

59

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 60 of 118

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Radar-M models also contain cellular communication technology used to transmit

2

location and sensor data back to a central location. The devices contain memory as

3

indicated by the fact that they record sensor data every 5 minutes and upload the data

4

every 15 minutes in normal operation.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

 23[b]. the remote unit transmitting Global Positioning System data to the
central location,
Using their cellular transceivers, the Radar-M and Radar-L transmit GPS location
data to the BlackBerry cloud.

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CASE NO. 18-5434

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 23[c]. wherein the central location compares the Global Positioning

2

System data to a predetermined parameter having a range of acceptable

3

values, and notes if the predetermined parameter is outside the range of

4

acceptable values; and

5

The central location processes the location data in comparison with stored

6

parameter data, such as to determine whether an asset is inside or outside of a geofence

7

and provide event-driven alerts to customers. The BlackBerry Radar web interface can

8

display a map with geofences and asset locations. There is also a tab that displays asset

9

events. The system receives GPS data to determine if the vehicle location is inside or

10

outside of “acceptable values” associated with the geofence.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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(Source: https://docs.radar.blackberry.com/guides/user_guide_otherinfo/)
 23[d]. wherein the length of time the remote unit remains in a stationary
position is monitored and is compared to a predetermined stationary
time, and if the length of time that the remote unit remains in a stationary
position is greater than the predetermined stationary time, the system
notes an exception.
In addition to geofences, BlackBerry Radar Dwell Detection can identify idle
assets that have remained in one location for too long. For example, according to

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BlackBerry, if a truck remains at a customer location for too long, the trucking company

2

may adjust the bill for that customer. Alternatively, an employer can track how long its

3

drivers remain at a given location. As recited in Claim 23, Dwell Detection can be

4

combined with geofencing to identify idle assets that remain within specified areas.

5
6
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COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 63 of 118

1

(Source: https://us.blackberry.com/qnx-radar/trailer-chassis-and-container-

2

tracking/radar-solution/radar-services)

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

(Source: https://docs.radar.blackberry.com/guides/user_guide_otherinfo/)
For example, the BlackBerry web interface can display a “Dwell Report”
identifying assets that have remained stationary and/or within a geofence for an
extended period of time.

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CASE NO. 18-5434

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COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 64 of 118

1

(Source: https://us.blackberry.com/qnx-radar/trailer-chassis-and-container-tracking/

2

radar-solution/radar-services)
 25. The system according to claim 23, wherein the remote unit detects a

3
4

loss of Global Positioning System signal and stores information

5

associated with the loss of signal.

6

On information and belief, when the Radar device detects a loss of GPS signal,

7

the unit detects the loss of signal and stores information associated with the loss of

8

signal.

9

 26. The system according to claim 23, wherein the remote unit has a first

10

state wherein the remote unit consumes a first quantity of power and a

11

second state where the remote unit consumes a second quantity of power,

12

the first quantity of power being greater than the second quantity of

13

power.

14

The Radar device has multiple different states that consume different quantities

15

of power, as discussed above for Claim 12. For example, when the device has a low

16

battery and/or detects a low temperature and the device is not in continuous motion, the

17

data update rate will be decreased, which consumes less power.

18
19
20
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22
23
24
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CASE NO. 18-5434

64

COMPLAINT

Case 3:18-cv-05434-EDL Document 1 Filed 09/04/18 Page 65 of 118

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2
3
4
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6
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8
9
10
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

(Source: https://docs.radar.blackberry.com/guides/user_guide_asset/#lowtemperature-or-low-battery-conditions)
 27. The system according to claim 23, wherein at least one report is
generated.
The Radar system generates reports (as well as alert message reports) when assets
are outside of a geofence or are in an extended idle state, as shown in the screenshots
above for Claim 23.
 28. The system according to claim 23, wherein the system notes if the
predetermined parameter is outside the range of acceptable values by

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generating a report that includes information related to the instances

2

where the predetermined parameter is outside the range of acceptable

3

values.

4

The Radar system generates reports that identify and display (as well as alert

5

message reports) when assets are outside of a geofence or are in an extended idle state,

6

as shown in the screenshots above for Claim 23.

7
8
9
10
11
12

63.

Facebook is entitled to relief as a result of BlackBerry’s infringement,

including without limitation monetary damages no less than a reasonable royalty.
COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 7,228,432
64.

Facebook incorporates by reference and re-alleges all foregoing

paragraphs of this Complaint as if fully set forth herein.
65.

Facebook is the owner by assignment of U.S. Patent No. 7,228,432

13

(“’432 patent”), entitled “Method and apparatus for providing security for a computer

14

system,” including the exclusive right to bring suit to enforce the patent and the

15

exclusive right to obtain relief for infringement. The ’432 patent was duly and legally

16

issued by the U.S. Patent and Trademark Office on June 5, 2007. The patent is based

17

on U.S. Patent Application Ser. No. 10/660,335 filed on September 11, 2003.

18

66.

A true and correct copy of the ’432 patent is attached as Exhibit D.

19

67.

The ’432 patent is valid and enforceable under the United States

20

Patent Laws.

21
22

SUMMARY OF INVENTION
68.

The ’432 patent originated with the Hewlett Packard Company (“HP”)

23

corporate family. HP was a leading multinational technology company that was

24

founded and headquartered in Palo Alto, California. HP was succeeded by corporate

25

entities including publicly-traded HP Inc. and Hewlett Packard Enterprise.

26

69.

The ’432 patent acknowledges that computer networks existed that

27

allowed files, programs, and other information to be transferred from one computer

28

system to another system, including the use of security systems to prevent unauthorized

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intrusions or attacks. (’432, col. 1:7-24.) However, prior art security functions suffered

2

from drawbacks. For example, according to the patent, while computer viruses could

3

be pre-classified to assist in identifying malicious code, computer systems could be left

4

vulnerable “because a virus may be unknown or unclassified.” (Id., col. 1:28-29.) “As a

5

result, the computer system is not able to remove an unknown virus before it attacks the

6

computer system.” (Id., col. 1:29-31.) Computing performance impact was also an

7

issue. For example, the patent explains that “the performance of the central processing

8

unit (‘CPU’) may be impacted by the operation of security functions of the computer

9

system. The computer system's overall performance may be diminished because the

10
11

security functions are consuming the resources of the CPU.” (Id., col. 1:31-36.)
70.

To address the perceived deficiencies in the prior art, the inventions taught

12

by the ’432 patent use a security processor to access and validate a requested file, which

13

may then be provided to another processor. The patent explains how the disclosed

14

invention provides an improved approach that may enhance the performance of a

15

computer system:

16

The disclosed embodiments provide an improved approach
that may address one or more of the issues discussed above,
while enhancing the performance of a computer system. With
computer systems, security functions may be provided to
protect the system. The security functions may be managed
by a device or component, such as a processor, that is within
the computer system or external to the computer system. In
the disclosed embodiments, the security of the computer
system is maintained in a manner that: (1) protects against
defeat by thread models or technologies; (2) minimizes
interaction with the CPU; and (3) allows trapping of code that
is unknown or unclassified.

17
18
19
20
21
22
23
24
25
26
27
28

(Id., col. 2:18-29.)
71.

As one example taught by the ’432 patent, the disclosed techniques “may

enable a computer system to operate in a more efficient manner by having a security
co-processor that protects against defeat by thread models or technologies.” (Id., col.

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2:31-34.) The patent explains:

2

By having a security co-processor examine code and
activities that are independent of the operating system, the
threaded programs are unable to defeat the security of the
computer system. In addition, the security co-processor may
minimize the performance impact on the central processing
unit (“CPU”) of a computer system by performing the
security functions, which allows the CPU to devote more
resources to non-security related functions. Furthermore, the
security co-processor may examine new code without the
code being pre-classified. Thus, as new viruses are
introduced, the security co-processor may trap the unknown
or unclassified code before the CPU is damaged by an attack
from the code.

3
4
5
6
7
8
9
10
11
12

(Id., col. 2:37-49.)
72.

In one illustrative example embodiment, a security co-processor

13

(designated as item 111) may examine code independent of the operating system of a

14

computer system (item 100) and a processor complex (item 102) or other computers in

15

a computer network. (Id., col. 4:11-35, Fig. 2.) Using this architecture, “the security

16

co-processor 111 may enable the computer system 100 to prevent thread technologies

17

and unknown code from attacking the computer system 100. As a benefit to the

18

computer system 100, the security co-processor 111 may examine code independently

19

of the processor complex 102, which may be executing an operating system. As such,

20

the security co-processor 111 may trap code that is unknown or unclassified to prevent

21

it from impacting the performance or integrity of the computer system 100.” (Id., col.

22

4:13-17.) In addition, “[b]ecause the security co-processor 111 performs the security

23

functions and activities, it frees the use of the CPU cycles on the processor

24

complex 102 for other computing activities.” (Id., col. 4:17-20.)

25

73.

The claims of the ’432 patent reflect the technological improvements

26

taught by the specification. For example, each claim recites a security processor used to

27

validate a file that is distinct from another processor. The architecture reflected in the

28
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claims, including a security processor distinct from another processor, can be used to

2

enhance the operation of the computer system or systems involved in the

3

implementation, as described in the specification. For example, as the specification

4

teaches, any malicious code can be isolated by the security processor so that it does not

5

harm the performance or integrity of the other processor or associated operating system

6

or computer system. Furthermore, as explained by the specification, the use of a

7

security processor distinct from another processor also minimizes the performance

8

impact on the other processor, allowing the other processor to devote resources to non-

9

security related computing activities.

BLACKBERRY’S INFRINGEMENT

10
11

74.

BlackBerry has infringed and is continuing to infringe the ’432 patent by

12

making, using, selling and/or offering to sell in the United States, or importing into the

13

United States, products or processes that practice the ’432 patent in violation of

14

35 U.S.C. § 271(a), including without limitation BlackBerry Workspaces.

15
16
17

75.

BlackBerry’s infringement of the ’432 patent has caused and will continue

to cause damage for which Facebook is entitled to recovery under 35 U.S.C. § 284.
76.

As set forth below, BlackBerry infringes the ’432 patent. The following

18

description is exemplary and illustrative of BlackBerry’s infringement based on

19

publicly available information. Facebook expects to further develop the evidence of

20

BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of

21

this action.

22

77.

BlackBerry’s WorkSpaces product, formerly called WatchDox, provides

23

secure file sharing to users and organizations. The product can be hosted in a cloud

24

implementation. An illustrative diagram of the WatchDox architecture is reproduced

25

below, illustrating how files provided to the server are converted and validated by a

26

security processing function and then placed into a secure repository, where the files

27

may be further processed and accessed by remote devices.

28
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

(Source: WatchDox Security White Paper, at 5.)
78.

An excerpt from an exemplary figure in the ’432 patent is reproduced

16

below, with red box annotations around exemplary processor complex 102 and

17

exemplary security co-processor 111.

18
19
20
21
22
23
24
25
26
27
28
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1

(’432, Fig. 2 (annotated excerpt).)

2
3
4
5
6
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8
9
10
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12
13
14
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16
17
18
19
20
21
22
23
24
25
26
27

79.

An illustrative description of BlackBerry’s infringement on an element-

by-element basis is provided below for exemplary claims of the patent.
 1[p]. A method of providing security for a computer system, the method
comprising the acts of:
BlackBerry Workspaces involves a method of providing security for a computer
system. BlackBerry provides a cloud hosting service. BlackBerry’s product provides
a secure file management platform. The platform separates security processing from
other functionality such as the web application that serves users.
The Workspaces virtual appliance is a multi-tier application
with strict separation between the web application serving the
users, the database that contains the system meta-data, and a
secure file system that contains the encrypted documents.
(Source: http://help.blackberry.com/en/blackberry-workspaces-appliance-x/current/
whitepaper/mbf1465305286684.html)

28
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2
3
4
5
6
7
8
9
10
11
12

The Workspaces next-generation virtual appliance is a
composite system consisting of multiple virtual machines.
These virtual machines are responsible for the system’s frontend web and management interfaces, load balancing,
document converters, and other internal components.
The Workspaces virtual appliance virtual machines run
hardened Redhat Enterprise Linux and one or more instances
of Windows Server.
File storage for the virtual appliance installation is a NAS,
SAN, NFS, or an externally deployed Object-Storage. This
component stores the encrypted customer files and the
permissions database data.
(Source: http://help.blackberry.com/en/blackberry-workspaces-appliance-x/current/
whitepaper/iip1465304150551.html)

13
14
15
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18
19
20
21
22
23
24
25
26
27
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(Source: http://help.blackberry.com/en/blackberry-workspaces/current/quick-startguide/vix1490520108806.html)
 1[a]. generating a request for a file;
BlackBerry Workspaces generates a request for a file, such as via a file access
request (e.g., an open, edit, annotate or share request) based on a user request originated
via a web browser or through the Workspaces client application. On the Workspaces
server side, a request is generated that results in the requested document being converted

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into a format for delivery to the user. For example, the system provides a secure

2

Workspaces API call.

3
4
5
6
7
8
9
10
11
12
13
14

(Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e-

15

1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with-

16

workspaces.pdf (highlighting added))

17
18
19
20
21
22
23

(Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e-

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1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with-

25

workspaces.pdf)

26
27
28
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1
2
3
4
5
6
7
8
9
10
11

(Source: http://help.blackberry.com/en/blackberry-workspaces/current/quick-start-

12

guide/vix1490520108806.html)

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14
15
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17
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20
21
22
23
24
25
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(Source: http://help.blackberry.com/en/blackberry-workspaces/current/userguide/gry1443705389220.html)

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 1[b]. receiving the request at a dedicated security processor;

2

BlackBerry Workspaces receives file access requests at a dedicated security

3

processor. A Workspaces server application receives the request, which results in the

4

dedicated security processor converting the file into a format for the user. The secure

5

file system may receive the request as a secure API call.

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7
8
9
10
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12
13
14
15
16

(Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e-

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1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with-

18

workspaces.pdf (highlighting added))

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20
21
22
23
24
25

(Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e-

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1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with-

27

workspaces.pdf)

28
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The URL that you use to access the BlackBerry

Service

2
3

Workspaces application. This URL MUST correspond

FQDN

to SSL certificates and must consist of at least 3 parts.

4

(e.g. watchdox.nycompany.com)

5
6
7
8
9

SSL Certificates corresponding to the service FQDN.

SSL
Certificate /
Chain /
Private Key

10

(Source: http://help.blackberry.com/en/blackberry-workspaces-appliance-

11

x/current/installation-and-upgrade/gem1464691870923.html, section “Install

12

Appliance-X on Linux”, step 8.)

13

Sizing requirements

14

Each deployment option has specific sizing
recommendations that are based on server size, which are
defined by server storage, memory, and the number of
processors.

15
16
17
18

Table 1. Server sizes

19
20

Server size

21
22
23
24
25

Local operating
system storage

Memory

Processors
(CPU/vCPU)

Small

100GB

4 GB

2

Medium

100GB

8 GB

4

Large

100GB

12 GB

6

X-Large

100GB

16 GB

8

26
27
28

(Source: http://help.blackberry.com/en/blackberry-workspaces-appliance-x/current/

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2

installation-and-upgrade/gem1464691870923.html)
 1[c]. using the dedicated security processor to access the file;

3

BlackBerry Workspaces uses the dedicated security processor to access the files

4

in the Workspaces. For example, the system accesses the file in order to convert it into

5

a particular format for the requesting user.

6
7
8
9
10
11
12
13
14
15

(Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e-

16

1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with-

17

workspaces.pdf)

18
19

 1[d]. using the dedicated security processor to validate the requested
file;

20

BlackBerry Workspaces uses the dedicated security processor to validate the

21

requested file. As part of converting the file to a format for the requesting user, the

22

system validates the requested file, for example to ensure that the file conversion has

23

completed successfully. The system also will, for example, provide information on any

24

file which failed to synchronize correctly, indicating that it has attempted to validate

25

that file and found an error.

26
27
28
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2
3
4
5
6
7
8
9
10
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(Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e-

13

1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with-

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workspaces.pdf)

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16
17
18
19
20
21
22
23

(Source: http://help.blackberry.com/en/blackberry-workspaces-for-windows/current/

24

user-guide/gry1443705752000.html)

25
26

 1[e]. providing the file to an other processor, if the requested file is
validated;

27

BlackBerry Workspaces provides the file to another processor if the requested

28

file is validated. For example, the Workspaces system will provide the converted and

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validated file to a web application (e.g., a web server with processor) to be provided to

2

the user. The system may also provide a file to a user’s device, such as a BlackBerry

3

smartphone containing a processor.

4
5
6
7
8
9
10
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12
13
14
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17

(Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e-

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1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with-

19

workspaces.pdf (highlighting added))

20
21
22
23
24

The Workspaces virtual appliance is a multi-tier application
with strict separation between the web application serving the
users, the database that contains the system meta-data, and a
secure file system that contains the encrypted documents.
(http://help.blackberry.com/en/blackberry-workspaces-appliancex/current/whitepaper/mbf1465305286684.html)

25
26
27
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2
3
4
5
6

(Source: https://help.blackberry.com/en/blackberry-workspaces-app-for-android/

7

current/user-guide/gry1443705134196.html)

8

 1[f].validating a user access to execute the request; and

9

BlackBerry Workspaces validates a user’s access to a file, executing the access

10

request only if the user is authorized. The system checks to confirm that the user

11

requesting the file has been authorized to execute the request.

12
13
14
15
16

(Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e-

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1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with-

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workspaces.pdf (highlighting added))

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20
21
22
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24
25
26

(Source: http://help.blackberry.com/en/blackberry-workspaces/current/user-guide/

27

gry1443705314525.html )

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2
3
4
5
6
7
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9
10
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(Source: http://help.blackberry.com/en/blackberry-workspaces/current/user-guide/
gry1443705301815.html )
 1[g]. enabling the other processor to continue processing the file, if the
user access is validated.
BlackBerry Workspaces enables the other processor to continue processing the
file if the user’s access is validated. For example, the web application processor is
enabled to continue processing the file if the user access request is validated, by
permitting the file to be served to the user.

14
15
16
17
18
19
20

(Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e1e01eebb2ce5_wp-ensuring-document-security-across-any-device-withworkspaces.pdf (highlighting added))

21
22
23
24
25
26
27

(Source: http://help.blackberry.com/en/blackberry-workspaces/current/user-guide/
gry1443705314525.html)

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1
2
3
4
5
6

(Source: https://help.blackberry.com/en/blackberry-workspaces-for-windows/current/
user-guide/gry1443705302406.html)
 3. The method, as set forth in claim 1, wherein accessing the file

7
8
9
10

comprises loading the file from a system memory.
On information and belief, the step of accessing the file comprises loading the
file from a system memory, such as RAM memory at a server.
 5. The method, as set forth in claim 1, wherein the dedicated security

11
12
13
14
15
16

processor is in a remote computer system.
As shown above for Claim 1, the dedicated security processor in a WorkSpaces
implementation may be in a remote computer system, such as a cloud-based
implementation where the security processing is performed in a computer system
remote from the other processor.
 6. The method, as set forth in claim 1, wherein the other processor and

17
18
19
20
21
22
23
24
25
26
27
28

the dedicated security processor are disposed in a computer system.
As shown above for Claim 1, the dedicated security processor and other processor
in a WorkSpaces implementation may be disposed in a computer system, such as a
WorkSpaces cloud or server computer system.
80.

Facebook is entitled to relief as a result of BlackBerry’s infringement,

including without limitation monetary damages no less than a reasonable royalty.
COUNT V: INFRINGEMENT OF U.S. PATENT NO. 6,744,759
81.

Facebook incorporates by reference and re-alleges all foregoing

paragraphs of this Complaint as if fully set forth herein.
82.

Facebook is the owner by assignment of U.S. Patent No. 6,744,759

(“’759 patent”), entitled “System and method for providing user-configured telephone

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service in a data network telephony system,” including the exclusive right to bring suit

2

to enforce the patent and the exclusive right to obtain relief for infringement.

3

The ’759 patent was duly and legally issued by the U.S. Patent and Trademark Office

4

on June 1, 2004. The patent is based on U.S. Patent Application Ser. No. 09/405,283

5

filed on September 27, 1999.

6

83.

A true and correct copy of the ’759 patent is attached as Exhibit E.

7

84.

The ’759 patent is valid and enforceable under the United States Patent

8

Laws.

SUMMARY OF INVENTION

9
10

85.

The ’759 patent originated with network technology company 3Com

11

Corporation (“3Com”), based in Santa Clara, California. 3Com was recognized as one

12

of the market leaders in networking hardware and software products including Voice

13

over IP (VoIP) telephony products. As of the patent filing date in 1999, 3Com reported

14

that it had more than 200 million customers worldwide. 3Com was acquired by HP in

15

2010 for a reported value of approximately $2.7 billion.

16

86.

The ’759 patent addresses needs that arose in the field of telephone service

17

configuration. The patent explains that telephone service providers could “permit

18

customer subscribers of the features to tailor their telephone service according to

19

individual needs” with services such as call blocking, caller ID, and call forwarding.

20

(’759, col. 1:25-27.) However, while telephone service features were available, “the

21

features are nevertheless limited in their flexibility and scope. The effect to the user is

22

that the features become clumsy and difficult to use.” (Id., col. 2:38-39.) “For example,

23

in order to use the Call Forwarding function, the user must perform the steps at the

24

user’s own phone prior to moving to the location of the telephone to which calls will be

25

forwarded.” (Id., col. 2:41-44.)

26

87.

In addition, telephone devices themselves suffered from deficiencies. For

27

example, although the Public Switched Telephone Network (PSTN) had been

28

developed, “[o]ne problem with the PSTN is that the terminal devices (e.g. telephones)

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CASE NO. 18-5434

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lack intelligence and operate as ‘dumb’ terminals on a network having the intelligence

2

in central offices.” (Id., col. 2:49-52.) While some PSTN telephones included display

3

features, they were “limited however by the closed PSTN signaling architecture, which

4

prohibits access by the PSTN telephones to the network signaling protocols.” (Id., col.

5

2:61-64.) Furthermore, “[t]he display functions are effectively limited to displaying

6

text, again, as a ‘dumb’ terminal.” (Id., col. 2:64-65.)

7

88.

Beyond traditional PSTN telephony, Internet telephony was also known,

8

which could involve telephones that “may be substantially more intelligent than typical

9

PSTN telephones” and “may include substantially the computer resources of a typical

10
11

personal computer.” (Id., col. 3:19-22.)
89.

The ’759 patent explains that needs existed in the field, including needs

12

for incorporating feature sets “into a data network telephony system that uses a data

13

network such as the Internet,” providing “new features and enhancements to telephony

14

service that accommodates and conforms to users’ needs,” and providing “features and

15

capabilities to telephone service that create new opportunities for users and for service

16

providers.” (Id., col. 3:24-31.)

17
18

90.

described by the patent. The patent states:

19

The present invention addresses the above needs by providing
a system in a data network telephony system, such as for
example, the Internet, that provides a way for users to make
brand new telephones usable without having to wait while the
telephone company programs an account. The embodiments
of the present invention may also be used to modify existing
telephone accounts to incorporate new features, or features
that may be desired for a limited amount of time.

20
21
22
23
24
25
26

The inventions taught by the ’759 patent addressed these needs, as

(Id., col. 3:32-40.)
91.

According to the patent, “[o]ne advantage of the present invention is that

27

telephone features become user-configurable.” (Id., col. 3:41-42.) “Another advantage

28

is that the extent to which features are user-configurable may be determined by the

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service provider. The service provider may wish to make a few basic features standard

2

and impose their use in a registration function. Other features may then be made

3

selectable by the user.” (Id., col. 3:43-48.)

4

92.

The specification describes illustrative examples of how the invention may

5

be implemented using data network telephones and telephony features that the user may

6

select by accessing a service provider’s web page.

7

In addition to features selected when “setting up a new account,” features may also be

8

modified based on the user’s selections, so that “[u]sers need not be locked into any

9

service plan or feature set.” (Id., col. 11:20-25.) “One advantage of such provisioning

10

functions is that services may be ordered for temporary use in a manner that is

11

convenient to the user.” (Id., col. 11:25-28.)

12

93.

(Id., col. 16:6-8, 16:16-39.)

The specification also describes another “advantage” of the disclosed

13

inventive system that the user can “obtain access to fully personalized, user-configured

14

service account as well as to user-selected telephony enhancements and features.” (Id.,

15

col. 6:55-58.)

16

94.

The claims of the ’759 patent reflect the improvements and benefits taught

17

by the specification. For example, each claim of the patent recites functionality through

18

which a service provider can enable a user, using a form presented in the web browser,

19

to request certain features to be provisioned for a data network telephone. As taught by

20

the specification, the inventions recited in the claims thus enable a service provider to

21

allow users to select and modify certain user-configurable features for a data network

22

telephone in a convenient manner using a web-based interface, where the service

23

provider can determine which available features are user-configurable. As the

24

specification explains, these inventions for user-configurable data network telephone

25

features enable a user to conveniently select and configure features for the data network

26

telephone without the user having to wait for the telephone company or service provider

27

to program the user’s account. Further incorporating these benefits taught by the patent,

28

claims 4 and 8 and the claims that depend therefrom further specify that the service

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provider sends a message to the data network telephone effectuating the features chosen

2

by the user.

BLACKBERRY’S INFRINGEMENT

3
4

95.

BlackBerry has infringed and is continuing to infringe the ’759 patent by

5

making, using, selling and/or offering to sell in the United States, or importing into the

6

United States, products or processes that practice the ’759 patent in violation of

7

35 U.S.C. § 271(a), including without limitation the BlackBerry Enterprise Server

8

(BES, including versions BES10 – BES12) and the BlackBerry Unified Endpoint

9

Manager (UEM).

10
11
12

96.

BlackBerry’s infringement of the ’759 patent has caused and will continue

to cause damage for which Facebook is entitled to recovery under 35 U.S.C. § 284.
97.

As set forth below, BlackBerry infringes the ’759 patent. The following

13

description is exemplary and illustrative of BlackBerry’s infringement based on

14

publicly available information. Facebook expects to further develop the evidence of

15

BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of

16

this action.

17

98.

BlackBerry’s UEM product and predecessor BES product include a Self-

18

Service feature, which is a web-based application enabling users to perform certain

19

tasks, such as creating a password to activate a device or sending commands to the

20

device. If a user’s device is lost or stolen, the user can perform actions through the Self-

21

Service interface such as remotely changing the password on the device or deleting data

22

from the device.

23

99.

The following is an exemplary video screenshot provided by BlackBerry,

24

showing how a user can specify an activation password for a device using the Self-

25

Service web interface.

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(Source: https://www.youtube.com/watch?v=F7e-LmFyWXw)

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100. The following figure from the ’759 patent shows an exemplary web
interface where a user can specify information as part of the process to provision
features for a data network telephone.

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(’759, Fig. 4B.)
101. An illustrative description of BlackBerry’s infringement on an elementby-element basis is provided below for exemplary claims of the patent.
 8[p]. A method for providing a user selected configuration for a data
network telephone comprising the steps of:
The BES and BlackBerry UEM Self-Service websites allow the user to select a
configuration for a data network telephone.

The Self-Service feature works for

smartphones that are data network phones that enable telephony over data networks,
such as Voice Over Wi-Fi and Voice Over LTE.

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BES12 Self-Service is a web-based application that you can
use to perform certain tasks, such as creating a password to
activate your device or sending commands to your device. If
your device is lost or stolen, you can remotely change the
password on your device or delete data from your device. You
don't need to install any software on your computer to use

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BES12 Self-Service. Your administrator will provide you
with the web address and login information that you need to
log in to BES12 Self-Service.

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3
4

(Source: http://help.blackberry.com/en/bes12-self- service/latest/bes 12-self-service/
amo1375906210935.html)

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6
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(Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service/amo1375906210935.html)

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(Source: https://us.blackberry.com/support/business/blackberry-uem)
 8[a]. receiving a request to configure the data network telephone from

25

the user;

26

After the user logs into the BES12 or UEM Self-Service website and provides a

27

configuration request, a request is received to configure the user’s data network

28

telephone.

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(Source: https://www.youtube.com/watch?v=Hydk1TFK54I)

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(Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf)

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(Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberry-

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uem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf)

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 8[b]. presenting a user feature request form in a web browser of a

18

workstation, the user feature request form prompting the user to select

19

features with which the data network telephone is to be provisioned;

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The user is presented with features in a request form prompting selection of

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commands with which their data network telephone is to be provisioned. For example,

22

the web browser form prompts the user to select features such as (1) specifying a device

23

password and locking the device, (2) unlocking the device and clearing password, and

24

other features. The user can select the features of specifying a password and locking

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the device, for example, to provision the device with the features of a password and

26

being locked.

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(Source: https://www.youtube.com/watch?v=Hydk1TFK54I)

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(Source: https://www.youtube.com/watch?v=Hydk1TFK54I)

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Using BES12 Self-Service, you can send various remote
commands to your device. For example:
 If your device is lost or stolen, you can remotely lock the
device or delete data from the device.

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 If you forget the device password on your iOS or Android
device, you can clear it.
 If you misplace your iOS, Android, or Windows 10 Mobile
device, you might be able to use BES12 Self-Service to locate
your device on a map”

5
6

(Source: http://help.blackberry.com/en/bes12-self-service/latest/bes_12-self-servicepdf/BES12-Self-Service-latest-User-Guide-en.pdf)

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(Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf)

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21
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(Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberry-

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uem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf)

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(Source: https://www.youtube.com/watch?v=F7e-LmFyWXw)

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 8[c]. setting a user account in accordance with the selected features;

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Once the presented feature is selected by the user, the user account is set in

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accordance with the feature.

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(Source: https://www.youtube.com/watch?v=Hydk1TFK54I)
BES12 Self-Service is a web-based application that you can
use to perform certain tasks, such as creating a password to
activate your device or sending commands to your device. If
your device is lost or stolen, you can remotely change the
password on your device or delete data from your device. You
don't need to install any software on your computer to use
BES12 Self-Service. Your administrator will provide you
with the web address and login information that you need to

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log in to BES12 Self-Service.

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(Source: https://help.blackberry.com/en/bes12-self-service/latest/bes12-self-

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service/amo1375906210935.html)

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5
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(Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf)
 8[d]. sending a configuration message to provision the data network
telephone with the features selected; and
After the user account is set, a configuration message is sent to the data network
telephone in order for the features to take effect on the device.

18
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21
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23
24

BES12 Self-Service is a web-based application that you can
use to perform certain tasks, such as creating a password to
activate your device or sending commands to your device. If
your device is lost or stolen, you can remotely change the
password on your device or delete data from your device. You
don't need to install any software on your computer to use
BES12 Self-Service. Your administrator will provide you
with the web address and login information that you need to
log in to BES12 Self-Service.

25

(Source: https://help.blackberry.com/en/bes12-self-service/latest/bes 12-self-

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service/amo1375906210935.html)

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28
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(Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberry-

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uem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf)

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(Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service/amo1377803743419.html)

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 8[e]. causing a confirming message to be presented to the user, the

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confirming message indicating to the user that the data network

3

telephone is provisioned with the features selected by the user.

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8
9

The system causes a confirming message to be presented to the user indicating
that the data network telephone is provisioned with the selected features. The message
may be presented to the user at the Self-Service web interface and/or at the user’s
device, as per dependent claims 9 and 10, for example indicating that the device is
locked, has its password set, or has other provisioned features.

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(Source: https://www.youtube.com/watch?v=F7e-LmFyWXw)

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(Source: https://www.youtube.com/watch?v=F7e-LmFyWXw)

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2
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(Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberry-

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uem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf)

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(Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service/amo1377803743419.html)
 9. The method of claim 8, wherein causing a confirming message to be
presented to the user comprises sending a confirming message to the
workstation that causes the workstation to present to the user the
confirming message.
The Self-Service feature causes a confirming message to be presented to the
user, at the Self-Service web interface and/or at the user’s device.

28
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 10. The method of claim 8 wherein causing a confirming message to be

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presented to the user comprises sending a confirming message to the

3

data network telephone that causes the data network telephone to present

4

to the user the confirming message.

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The Self-Service feature causes a confirming message to be presented to the user,
at the Self-Service web interface and/or at the user’s device.
102. Facebook is entitled to relief as a result of BlackBerry’s infringement,
including without limitation monetary damages no less than a reasonable royalty.
COUNT VI: INFRINGEMENT OF U.S. PATENT NO. 7,302,698
103. Facebook incorporates by reference and re-alleges all foregoing
paragraphs of this Complaint as if fully set forth herein.

12

104. Facebook is the owner by assignment of U.S. Patent No. 7,302,698

13

(“’698 patent”), entitled “Operation of trusted state in computing platform,” including

14

the exclusive right to bring suit to enforce the patent and the exclusive right to obtain

15

relief for infringement. The ’698 patent was duly and legally issued by the U.S. Patent

16

and Trademark Office on November 27, 2007. The patent is based on U.S. Patent

17

Application Ser. No. 09/728,827 filed on November 28, 2000.

18

105. A true and correct copy of the ’698 patent is attached as Exhibit F.

19

106. The ’698 patent is valid and enforceable under the United States

20

Patent Laws.

SUMMARY OF INVENTION

21
22
23

107. The ’698 patent originated with the HP corporate family. Facebook refers
to and incorporates by reference paragraph 68 above.

24

108. The ’698 patent addresses computer security. As described in the patent,

25

prior art operating systems before the ’698 patent suffered from problems with security,

26

such as vulnerability to viruses and unauthorized third-party modifications. (’698,

27

col. 2:38-55.) One identified problem with prior art computing platforms was that

28

“[t]he operating status of a computer system or platform and the status of the data within

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the platform or system is dynamic and difficult to predict.” (Id., col. 2:40-43.) As a

2

result, “[i]t is difficult to determine whether a computer platform is operating correctly

3

because the state of the computer platform and data on the platform is constantly

4

changing and the computer platform itself may be dynamically changing.” (Id., col.

5

2:42-46.)

6

109. To address the perceived problems, the invention of the ’698 patent

7

provides increased security to a computing system by using a monitoring component

8

that operates to determine the current operational state of the system. The patent

9

describes: “Specific embodiments of the present invention comprise a computer

10

platform having a processing means and a memory means, and which is physically

11

associated with a component, known herein after as a ‘trusted component’ which

12

monitors operation of the computer platform by collecting metrics data from the

13

computer platform, and which is capable of verifying to third party computer entities

14

interacting with the computer platform to the correct functioning of the computer

15

platform.” (Id., col. 7:18-26.) The patent describes that security is enhanced by the use

16

of a monitoring component in a number of ways:

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A user of a computing entity has higher confidence in the
integrity and security of his/her own computer entity and in
the integrity and security of the computer entity belonging to
the other computing entity.
Each entity is confident that the other entity is in fact the
entity which it purports to be.
Where one or both of the entities represent a party to a
transaction, e.g. a data transfer transaction, because of the inbuilt trusted component, third party entities interacting with
the entity have a high degree of confidence that the entity does
in fact represent such a party.
The trusted component increases the inherent security of the
entity itself, through verification and monitoring processes
implemented by the trusted component.

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The computer entity is more likely to behave in the way it is
expected to behave.

2
3

(Id., col. 7:33-49.)

4

110. The claims of the ’698 patent reflect these technological benefits that

5

increase the security of the computer platform as described by the patent. For example,

6

each claim recites the use of a “monitoring component” having a data processor and a

7

memory, distinct from a first data processor and memory in a computer system, that

8

performs functions including determining which operating state is the current operating

9

state. As described in the specification, for example, the presence of a monitoring

10

component increases the inherent security of the computing entity itself through the

11

verification and monitoring processes that it implements.

BLACKBERRY’S INFRINGEMENT

12
13

111. BlackBerry has infringed and is continuing to infringe the ’698 patent by

14

making, using, selling and/or offering to sell in the United States, or importing into the

15

United States, products or processes that practice the ’698 patent in violation of

16

35 U.S.C. § 271(a), including without limitation its QNX software products, including

17

the QNX Neutrino Realtime Operating System (RTOS), and related applications and

18

implementations.

19

applications such as BlackBerry’s CAR Infotainment products, the BlackBerry 10 OS

20

operating system, and other applications.

21
22

QNX Neutrino is provided by BlackBerry for a variety of

112. BlackBerry’s infringement of the ’698 patent has caused and will continue
to cause damage for which Facebook is entitled to recovery under 35 U.S.C. § 284.

23

113. As set forth below, BlackBerry infringes the ’698 patent. The following

24

description is exemplary and illustrative of BlackBerry’s infringement based on

25

publicly available information. Facebook expects to further develop the evidence of

26

BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of

27

this action.

28

114. BlackBerry’s QNX Neutrino uses monitoring components to monitor

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operating states of a computing platform. For example, High Availability Manager

2

(“HAM”) components monitor operating states so that appropriate action can be taken

3

if needed. The HAM contains subcomponents such as entities, conditions, and actions

4

and may also be associated with a Guardian. According to BlackBerry, the HAM

5

provides “a resilient manager (or ‘smart watchdog’) that can perform multistage

6

recovery whenever system services or processes fail, no longer respond, or are detected

7

to be in a state where they cease to provide acceptable levels of service.” (Source:

8

http://support7.qnx.com/download/download/26183/QNX_Neutrino_RTOS_System_

9

Architecture.pdf)

10

115. A figure from the ’698 patent is provided below, showing an exemplary

11

embodiment where operating states are monitored by a trusted component. In this

12

example, boot up and a re-boot via BIOS are monitored by a trusted component.

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(’698, Fig. 7.)
116. An illustrative description of BlackBerry’s infringement on an elementby-element basis is provided below for exemplary claims of the patent.
 1[p]. A computing entity comprising:
QNX Neutrino and associated implementations as provided by BlackBerry
comprise a computing entity.
 1[a] a computer platform comprising

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QNX Neutrino provides a computer platform for computing entities with a

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variety of implementations. For example, the BlackBerry 10 operating system platform

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sits on the BlackBerry device entities, and BlackBerry provides a QNX Neutrino

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platform in other applications and implementations.

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(Sources: https://global.blackberry.com/en/software; https://help.blackberry.com/en/

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blackberry-security-overview/latest/blackberry-security-overview/

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awi1402929620791.html)

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The BlackBerry 10 OS is a microkernel operating system
that is based on the QNX Neutrino RTOS.
(Source: https://help.blackberry.com/en/blackberry-security-overview/latest/
blackberry-security-overview/awi1402930370721.html )
 1[b]. a plurality of physical and logical resources including a first data
processor and a first memory;
QNX Neutrino implementations include physical and logical resources including
data processors and memory. For example, the BlackBerry 10 OS contains various
processes, which may include a first user process with its (first) memory address space.
The process manager is capable of creating multiple POSIX
processes (each of which may contain multiple POSIX
threads).
In the QNX Neutrino RTOS, the microkernel is paired with
the Process Manager in a single module (procnto). This
module is required for all runtime systems.

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(Source: http://support7.qnx.com/download/download/26183/QNX_Neutrino_

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RTOS_System_Architecture.pdf)

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(Source:https://developer.blackberry.com/native/documentation/dev/rtos/arch/proc_
memman.html)

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(Source: https://developer.blackberry.com/native/documentation/dev/rtos/arch/proc

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_memman.html)
 1[c]. a monitoring component comprising a second data processor and a

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second memory;

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QNX Neutrino, such as in the BlackBerry 10 OS and other implementations,

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contains a monitoring component comprising a second data processor and memory

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space. For example, the High Availability Manager including associated components

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“provides a mechanism for monitoring processes and services on your system.”

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(Source:

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Neutrino_RTOS_System_Architecture.pdf) The process of monitoring states (and

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associated memory) is separate and distinct from other data processing and memory.

http://support7.qnx.com/download/

download/26183/QNX_

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(Source: https://developer.blackberry.com/native/documentation/dev/rtos/arch/proc

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_memman.html )

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The High Availability Manager (HAM) provides a
mechanism for monitoring processes and services on your
system. The goal is to provide a resilient manager (or “smart
watchdog”) that can perform multistage recovery whenever
system services or processes fail, no longer respond, or are
detected to be in a state where they cease to provide
acceptable levels of service. Entities are the fundamental units
of observation/monitoring in the system. Essentially, an entity
is a process (pid). As processes, all entities are uniquely
identifiable by their pids.

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(Source: http://support7.qnx.com/download/download/26183/QNX_Neutrino_

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RTOS_System_Architecture.pdf)

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Create fault tolerant applications
Under this system, every driver, application, protocol stack,
and file system runs outside the kernel in the safety of
memory-protected user space. Virtually any component can
fail and be automatically restarted without affecting other
components or the kernel. Further, the QNX OS provides an
optional high-availability framework for ensuring critical
software is monitored and kept running even after faults.
(Source: http://support7.qnx.com/download/download/26406/QNX%20OS%20
Security.pdf)
If a process stops responding, it isolates a process in its user
space and restarts the process without negatively affecting
other processes. It uses adaptive partitioning to prevent apps
from interfering with or reading the memory used by another

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app. It validates requests for resources and controls how apps
access the capabilities of the device, such as access to the
camera, contacts, and device identifying information.
(Source: https://help.blackberry.com/en/blackberry-security-overview/latest/
blackberry-security-overview/awi1402930370721.html)
 1[d]. wherein, said computer platform is capable of operating in a
plurality of different states, each said state utilising a corresponding
respective set of individual ones of said physical and logical resources;
QNX Neutrino provides for different states that use different computer resources,
and BlackBerry provides implementations that include multiple different states. For
example, BlackBerry 10 can transition to different application processes, each process
having a state and corresponding resources (e.g., their own protected address spaces).
Multiple different states are monitored by High Availability Manager components.
QNX Neutrino also provides different kernel states such as “running, “ready,” and
“blocked” that utilize different computer resources.

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An app can transition between states as a result of a user’s
action or because of the state of the device.
…
The following diagram shows how an app can move from
state to state:

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(Source: https://developer.blackberry.com/native/documentation/dev/states/transitions

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_in_app_life_cycle.html )

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With memory protection, if one of the processes executing in
a multitasking environment attempts to access memory that
hasn’t been explicitly declared or allocated for the type of
access attempted, the MMU hardware can notify the OS,
which can then abort the thread (at the failing/offending
instruction). This protects process address spaces from each
other, preventing coding errors in a thread in one process from
damaging memory used by threads in other processes or even
in the OS. This protection is useful both for development and
for the installed runtime system, because it makes
postmortem analysis possible.

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(Source: https://developer.blackberry.com/native/documentation/dev/rtos/arch/proc

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_memman.html )

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Kernel states, the complete list

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Here's the complete list of kernel blocking states, with brief explanations
of each state.
By the way, this list is available in <sys/states.h>—you'll notice that
the states are all prefixed with STATE_ , but the prefix tends to be
omitted in conversation and the documentation (for example, “READY” is
really STATE_READY):
If the state is:

The thread is:

STATE_CONDVAR

Waiting for a condition variable to be signaled

STATE_DEAD

Dead. Kernel is waiting to release the thread's resources

STATE_INTR

Waiting for an interrupt

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STATE_JOIN

Waiting for the completion of another thread

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STATE_MUTEX

Waiting to acquire a mutex

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STATE_NANOSLEEP

Sleeping for a period of time

STATE_NET_REPLY

Waiting for a reply to be delivered across the network

STATE_NET_SEND
the network

Waiting for a pulse or message to be delivered across

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STATE_READY
Not running on a CPU, but is ready to run (one or more
higher or equal priority threads are running)

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STATE_RECEIVE

Waiting for a client to send a message

STATE_REPLY

Waiting for a server to reply to a message

STATE_RUNNING

Actively running on a CPU

STATE_SEM

Waiting to acquire a semaphore

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STATE_SEND

Waiting for a server to receive a message

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STATE_SIGSUSPEND Waiting for a signal

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STATE_SIGWAITINFO Waiting for a signal
STATE_STACK

Waiting for more stack to be allocated

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STATE_STOPPED

Suspended (SIGSTOP signal)

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STATE_WAITCTX
Waiting for a register context (usually floating point) to
become available (only on SMP systems)

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STATE_WAITPAGE

Waiting for process manager to resolve a fault on a page

STATE_WAITTHREAD Waiting for a thread to be created

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(Source: http://www.qnx.com/developers/docs/7.0.0/#com.qnx.doc.neutrino.getting

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_started/topic/s1_procs_Kernel_states.html)

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Kernel states

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We've been talking about “running,” “ready,” and “blocked” loosely—let's
now formalize these thread states.
RUNNING 
QNX Neutrino's RUNNING state simply means that the thread is now
actively consuming the CPU. On an SMP system, there will be
multiple threads running; on a single-processor system, there will be
one thread running.
READY 
The READY state means that this thread could run right now—except
that it's not, because another thread, (at the same or higher
priority), is running. If two threads were capable of using the CPU,
one thread at priority 10 and one thread at priority 7, the priority 10
thread would be RUNNING, and the priority 7 thread would be
READY.
The blocked states 
What do we call the blocked state? The problem is, there's not
just one blocked state. Under QNX Neutrino, there are in fact over a
dozen blocking states.
Why so many? Because the kernel keeps track of why a thread is
blocked.
(Source: http://www.qnx.com/developers/docs/7.0.0/#com.qnx.doc.neutrino.
getting_started/topic/s1_procs_kstate.html)

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 1[e]. wherein said monitoring component operates to determine which of

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said plurality of states is the current operating state of said computer

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platform.

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QNX Neutrino includes monitoring functionality to determine which state is the

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current state. For example, High Availability Manager components determine which

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state is the current operating state. See Claim 1[c] above. (Source: http://support7.qnx

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.com/download/download/26183/QNX_Neutrino_RTOS_System_Architecture.pdf)

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In a BlackBerry 10 OS implementation, the monitoring component determines the

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current operating state.

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An app can transition between states as a result of a user’s
action or because of the state of the device. These transitions
make up your app's life cycle. When an app makes a transition
from one state of the life cycle to another, the BlackBerry 10
OS notifies the app using events. The events that an app
receives can vary depending on the way the user configures
the settings on the device. … The BlackBerry 10 OS can
deactivate your app and move it to the background at any
time. For example, a user may leave your app to open another
app. When the OS deactivates your app, your code should first
save the app state. In addition, your app should stop any
unnecessary threads and processes (such as updating the UI
in real time) to preserve system resources. When the OS
activates your app again, you can reload the saved state, and
restart any suspended processes.
(Source: https://developer.blackberry.com/native/documentation/dev/states/transitions
_in_app_life_cycle.html )

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(Source: https://developer.blackberry.com/native/documentation/dev/states/transitions

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_in_app_life_cycle.html )

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 3. The computing entity as claimed in claim 1, in which exit of said

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computer platform from each said operating state is monitored by said

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monitoring component.

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On information and belief, the exit of the QNX Neutrino platform from each
operating state is monitored by the monitoring component.
 20[p]. A method of storing data at a computing entity comprising a
computer platform
See claim 1[p]-[a].
 20[a] having a first data processor and a first memory
See claim 1[b].
 20[b] and a monitoring component having a second data processor and
a second memory, said method comprising the steps of:
See claim 1[c].
 20[c] initiating a session on the computing platform;
BlackBerry’s QNX Neutrino initiates a session on the computing platform. For
example, a user app process or other process is started that begins a session.
The process manager is capable of creating multiple POSIX
processes (each of which may contain multiple POSIX
threads).
In the QNX Neutrino RTOS, the microkernel is paired with
the Process Manager in a single module (procnto). This
module is required for all runtime systems.

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(Source: http://support7.qnx.com/download/download/26183/QNX_Neutrino_

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RTOS_System_Architecture.pdf)

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(Source: https://developer.blackberry.com/native/documentation/dev/states/transitions
_in_app_life_cycle.html )
 20[d]. the monitoring component recording state data describing a
current operational state of the computing platform;
See Claim 1[c] and 1[e] regarding the monitoring component and
High Availability Manager. The monitoring component records and determines the
state of processes and kernel states and records descriptive data.
An app can transition between states as a result of a user's
action or because of the state of the device. These transitions
make up your app's life cycle. When an app makes a
transition from one state of the life cycle to another, the
BlackBerry 10 OS notifies the app using events. The events
that an app receives can vary depending on the way the user
configures the settings on the device.
The following diagram shows how an app can move from
state to state:

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(Source: https://developer.blackberry.com/native/documentation/dev/states/transitions

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_in_app_life_cycle.html )

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The High Availability Manager (HAM) provides a
mechanism for monitoring processes and services on your
system. The goal is to provide a resilient manager (or “smart
watchdog”) that can perform multistage recovery whenever
system services or processes fail, no longer respond, or are
detected to be in a state where they cease to provide
acceptable levels of service. Entities are the fundamental units
of observation/monitoring in the system. Essentially, an entity
is a process (pid). As processes, all entities are uniquely
identifiable by their pids.
(Source: http://support7.qnx.com/download/download/26183/QNX_Neutrino_
RTOS_System_Architecture.pdf)
 20[e]. generating data in the session; and
QNX Neutrino generates data in the session. For example, an app process session
generates its own app data (e.g., information about the state) which eventually needs to
be saved, and other processes generate data during the session.

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The BlackBerry 10 OS can deactivate your app and move it
to the background at any time. For example, a user may leave
your app to open another app. When the OS deactivates your
app, your code should first save the app state. In addition,

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your app should stop any unnecessary threads and processes
(such as updating the UI in real time) to preserve system
resources. When the OS activates your app again, you can
reload the saved state, and restart any suspended processes.

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An app can also experience interruptions during its life cycle
such as losing focus, low memory events, and low battery
events. Your app should listen for these events and respond
by saving information about the state of the app. For example,
the screen element currently in focus, or any user-entered
data, should be saved. The saved state can be reloaded so that
when the user returns to the app, the user can then continue
on as before.

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(Source: https://developer.blackberry.com/native/documentation/dev/states/transitions

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_in_app_life_cycle.html )

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 20[f]. storing the generated data with reference to the state data so that

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the generated data may be recovered in a future session of the computing

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platform in the same operational state.

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QNX Neutrino stores the generated data with reference to the state data so that

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generated data may be recovered in a future session in the same operational state. For

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example, the data generated by an app is saved so that it may be recovered in the same

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state when the computing platform reactivates the app. The High Availability Manager

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provides “a resilient manager (or ‘smart watchdog’) that can perform multistage

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recovery whenever system services or processes fail, no longer respond, or are detected

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to be in a state where they cease to provide acceptable levels of service.” (Source:

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http://support7.qnx.com/download/download/26183/QNX_Neutrino_RTOS_System_

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Architecture.pdf)

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(Source: https://developer.blackberry.com/native/documentation/dev/states/transitions

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_in_app_life_cycle.html)

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The BlackBerry 10 OS can deactivate your app and move it
to the background at any time. For example, a user may
leave your app to open another app. When the OS
deactivates your app, your code should first save the app
state. In addition, your app should stop any unnecessary
threads and processes (such as updating the UI in real time)
to preserve system resources. When the OS activates your
app again, you can reload the saved state, and restart any
suspended processes.
(Source: https://developer.blackberry.com/native/documentation/dev/states/transitions
_in_app_life_cycle.html)

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The High Availability Manager (HAM) provides a
mechanism for monitoring processes and services on your
system. The goal is to provide a resilient manager (or “smart
watchdog”) that can perform multistage recovery whenever
system services or processes fail, no longer respond, or are
detected to be in a state where they cease to provide
acceptable levels of service. Entities are the fundamental units
of observation/monitoring in the system. Essentially, an entity
is a process (pid). As processes, all entities are uniquely
identifiable by their pids.

28

(Source: http://support7.qnx.com/download/download/26183/QNX_Neutrino_RTOS_

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CASE NO. 18-5434

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System_Architecture.pdf)
117. Facebook is entitled to relief as a result of BlackBerry’s infringement,
including without limitation monetary damages no less than a reasonable royalty.

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118. On information and belief, compliance with 35 U.S.C. § 287 has been

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achieved to the extent applicable to the asserted claims of the Patents-in-Suit and/or is

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not applicable to the asserted claims of the Patents-in-Suit.
PRAYER FOR RELIEF

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WHEREFORE, Facebook respectfully requests:

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A.

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That Judgment be entered that BlackBerry has infringed each of the

Patents-in-Suit under 35 U.S.C. § 271;
B.

An award of monetary damages sufficient to compensate Facebook for

BlackBerry’s infringement under 35 U.S.C. § 284;

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C.

Costs and expenses incurred by Facebook in this action;

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D.

An award of prejudgment and post-judgment interest; and

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E.

Such other and further relief as the Court may deem just and proper.
DEMAND FOR JURY TRIAL

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Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure,
Facebook respectfully demands a trial by jury on all issues triable by jury.

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CASE NO. 18-5434

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Dated: September 4, 2018

COOLEY LLP

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/s/ Heidi L. Keefe
Heidi L. Keefe (178960)

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HEIDI L. KEEFE (178960)
([e-mail])
MARK R. WEINSTEIN (193043)
([e-mail])
MATTHEW J. BRIGHAM (191428)
([e-mail])
LOWELL D. MEAD (223989)
([e-mail])
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone: [phone]
Facsimile: [phone]

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
101 California Street
5th Floor
San Francisco, CA 94111-5800
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
FACEBOOK, INC.

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CASE NO. 18-5434

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COMPLAINT