Google Inc. v. Rockstar Consortium US LP et al
Filing
20
MOTION to Dismiss for Lack of Jurisdiction UNDER FED. R. CIV. P. 12(b)(2) AND 12(b)(3) FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE AND TO DECLINE EXERCISING JURISDICTION UNDER THE DECLARATORY JUDGMENT ACT filed by MobileStar Technologies LLC, Rockstar Consortium US LP. Motion Hearing set for 3/13/2014 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 2/6/2014. Replies due by 2/13/2014. (Attachments: # 1 Declaration of Afzal Dean, # 2 Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Reichman, Courtland) (Filed on 1/23/2014)
EXHIBIT D
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ROCKSTAR CONSORTIUM US LP, §
AND MOBILESTAR TECHNOLOGIES §
§
LLC
§
§
PLAINTIFFS
v.
§ Civil Action No. 2:13-cv-898
§
LG ELECTRONICS, INC.,
§
§ JURY TRIAL REQUESTED
LG ELECTRONICS U.S.A., INC.,
LG ELECTRONICS MOBILECOMM
§
§
USA INC.
DEFENDANTS.
PLAINTIFFS ROCKSTAR CONSORTIUM US LP AND MOBILESTAR
TECHNOLOGIES LLC’S ORIGINAL COMPLAINT
Plaintiffs Rockstar Consortium US LP (“Rockstar”) and MobileStar Technologies
LLC (“MobileStar”) file this Original Complaint for patent infringement under 35 U.S.C.
§ 271 and in support thereof would respectfully show the Court the following:
PARTIES
1.
Plaintiff Rockstar Consortium US LP (“Rockstar”) is a limited partnership
organized and existing under the laws of the State of Delaware, and maintains its
principal place of business at Legacy Town Center 1, 7160 North Dallas Parkway Suite
No. 250, Plano, TX 75024.
2.
Plaintiff MobileStar Technologies LLC (“MobileStar”) is a subsidiary of
Rockstar and is a limited liability corporation organized and existing under the laws of
the State of Delaware, and maintains its principal place of business at Legacy Town
Center 1, 7160 North Dallas Parkway Suite No. 250, Plano, TX 75024.
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3.
Upon information and belief, Defendant LG Electronics Inc. is a
corporation organized and existing under the laws of Korea with a principal place of
business at 20, Yeouido-dong, Yeongdeungpo-Gu, Seoul 150-721, Republic of Korea.
4.
Upon information and belief, Defendant LG Electronics U.S.A., Inc. is a
subsidiary of LGE Inc. and is a corporation organized and existing under the laws of the
State of Delaware with a principal place of business at 1000 Sylvan Avenue, Englewood
Cliffs, New Jersey 07632.
5.
Upon information and belief, Defendant LG Electronics MobileComm
U.S.A., Inc. is a wholly-owned subsidiary of LG Electronics U.S.A., Inc., which is a
wholly-owned subsidiary of LG Electronics, Inc., and is a corporation organized and
existing under the laws of the State of California with its principal place of business
located at 10101 Old Grove Road, San Diego, California 92131.
JURISDICTION AND VENUE
6.
This is an action for patent infringement under the Patent Laws of the
United States, 35 U.S.C. § 271. This Court has exclusive subject matter jurisdiction over
this case for patent infringement under 28 U.S.C. § 1338.
7.
Venue is proper in this Court pursuant to 28 U S.C. §§ 1391 and 1400(b).
8.
This Court has personal jurisdiction over Defendants LG Electronics Inc.,
LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc. (collectively,
“LG”). LG has conducted and does conduct business within the State of Texas. LG,
directly or through subsidiaries or intermediaries (including distributors, retailers, and
others), ships, distributes, offers for sale, sells, and advertises (including the provision of
an interactive web page) its products (including its infringing products) and/or services in
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the United States, the State of Texas, and the Eastern District of Texas. LG, directly and
through subsidiaries or intermediaries (including distributors, retailers, and others), has
purposefully and voluntarily placed one or more of its infringing products and/or
services, as described below, into the stream of commerce with the expectation that they
will be purchased and used by consumers in the Eastern District of Texas.
These
infringing products and/or services have been and continue to be purchased and used by
consumers in the Eastern District of Texas.
LG has committed acts of patent
infringement within the State of Texas and, more particularly, within the Eastern District
of Texas.
ASSERTED PATENTS
9.
On November 17, 1998, U.S. Patent No. 5,838,551 (“the ’551 Patent”)
entitled “Electronic Package Carrying an Electronic Component and Assembly of Mother
Board and Electronic Package” was duly and legally issued with Yee-Ning Chan as the
named inventor after full and fair examination. Rockstar owns all rights, title, and
interest in and to the ’551 Patent and possesses all rights of recovery under the ’551
Patent. MobileStar is the exclusive licensee of the ’551 patent.
10.
On March 14, 2000, U.S. Patent No. 6,037,937 (“the ’937 Patent”) entitled
“Navigation Tool for Graphical User Interface” was duly and legally issued with Brian
Finlay Beaton, Colin Donald Smith, and Bruce Dale Stalkie as the named inventors after
full and fair examination. MobileStar owns all rights, title, and interest in and to the ’937
Patent and possesses all rights of recovery under the ’937 Patent.
11.
On October 3, 2000, U.S. Patent No. 6,128,298 (“the ’298 Patent”)
entitled “Internet Protocol Filter” was duly and legally issued with Bruce Anthony
3
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Wootton and William G. Colvin as the named inventors after full and fair examination.
Rockstar owns all rights, title, and interest in and to the ’298 Patent and possesses all
rights of recovery under the ‘298 Patent. MobileStar is the exclusive licensee of the ’298
patent.
12.
On December 25, 2001, U.S. Patent No. 6,333,973 (“the ’973 Patent”)
entitled “Integrated Message Center” was duly and legally issued with Colin Donald
Smith and Brian Finlay Beaton as the named inventors after full and fair examination.
MobileStar owns all rights, title, and interest in and to the ’973 Patent and possesses all
rights of recovery under the ‘973 Patent.
13.
On October 8, 2002, U.S. Patent No. 6,463,131 (“the ’131 Patent”)
entitled “System and Method for Notifying a User of an Incoming Communication
Event” was duly and legally issued with Marilyn French-St. George, Mitch A. Brisebois
and Laura A. Mahan as the named inventors after full and fair examination. MobileStar
owns all rights, title, and interest in and to the ’131 Patent and possesses all rights of
recovery under the ‘131 Patent.
14.
On July 20, 2004, U.S. Patent No. 6,765,591 (“the ’591 Patent”) entitled
“Managing a Virtual Private Network” was duly and legally issued with Matthew W.
Poisson, Melissa L. Desroches, and James M. Milillo as the named inventors after full
and fair examination. MobileStar owns all rights, title, and interest in and to the ’591
Patent and possesses all rights of recovery under the ‘591 Patent.
15.
On August 30, 2005, U.S. Patent No. 6,937,572 (“the ’572 Patent”)
entitled “Call Trace on a Packet Switched Network” was duly and legally issued with
Brian B. Egan and Milos Vodsedalek as the named inventors after full and fair
4
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examination. MobileStar owns all rights, title, and interest in and to the ’572 Patent and
possesses all rights of recovery under the ‘572 Patent.
GENERAL ALLEGATIONS
16.
LG has directly and indirectly infringed and continues to directly and
indirectly infringe each of the ’551, ’937, ’298, ’973, ’131, ’591, and ’572 Patents by
engaging in acts constituting infringement under 35 U.S.C. § 271(a), (b), (c), and/or (f),
including but not necessarily limited to one or more of making, using, selling and
offering to sell, in this District and elsewhere in the United States, and importing into this
District and elsewhere in the United States, certain mobile communication devices having
a version (or an adaption thereof) of Android operating system (“LG Mobile
Communication Devices”).
17.
LG is doing business in the United States and, more particularly, in the
Eastern District of Texas by making, using, selling, importing, and/or offering for sale
LG Mobile Communication Devices, including but not limited to LG’s Optimus family
of smart phones, including the Optimus P970h, Optimus L9 P769, and Optimus T, the G2,
Elite, Enact, Rumor Reflex S, Lucid2, Spirit 4G, Mach, Venice, Escape, Spectrum 2,
Splendor, Intuition, Motion 4G, Viper, Lucid, Nitro, Spectrum, Marquee, and Connect
4G families of smart phones and its G Pad family of tablets, and other products that
infringe the patent claims involved in this action or by transacting other business in this
District.
COUNT ONE
PATENT INFRINGEMENT BY LG
5
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18.
Plaintiffs incorporate by reference paragraphs 1-17 as if fully set forth
herein. As described below, LG has infringed and/or continues to infringe the ‘551, ‘937,
‘298, ‘973, ‘131, ‘591, and ‘572 Patents.
19.
At least the LG Mobile Communication Devices infringe at least claim 1
of the ‘551 Patent. LG makes, uses, sells, offers for sale, imports, exports, supplies
and/or distributes within the United States these products and thus directly infringes one
or more claims of the ’551 Patent, including at least claim 1.
20.
LG indirectly infringes the ’551 patent by inducing infringement by
others, such as resellers, of at least claim 1 in accordance with 35 U.S.C. § 271(b) in this
District and elsewhere in the United States. Direct infringement is the result of activities
performed by manufacturers, resellers, and/or end-users of the LG Mobile
Communication Devices. LG had actual notice of the ’551 Patent at least by February 2,
2013, in view of a Rockstar communication to LG, and also received knowledge as of the
date this lawsuit was filed.
21.
LG’s affirmative acts of selling LG Mobile Communication Devices,
causing the LG Mobile Communication Devices to be manufactured and distributed, and
providing instruction manuals for LG Mobile Communication Devices induced LG’s
manufacturers and resellers to make or use LG Mobile Communication Devices in their
normal and customary way to infringe the ’551 patent. Through its manufacture and
sales of LG Mobile Communication Devices, LG specifically intended its resellers and
manufacturers to infringe the ’551 patent; further, LG was aware that these normal and
customary activities would infringe the ’551 patent.
LG performed the acts that
constitute induced infringement, and would induce actual infringement, with the
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knowledge of the ’551 patent and with the knowledge or willful blindness that the
induced acts would constitute infringement.
22.
Accordingly, a reasonable inference is that LG specifically intends for
others, such as resellers and end-use customers, to directly infringe one or more claims of
the ‘551 Patent in the United States because LG has knowledge of the ‘551 Patent and
LG actually induces others, such as resellers and end-use customers, to directly infringe
the ‘551 patent, by using, selling, exporting, supplying and/or distributing, within the
United States, LG Mobile Communication Devices for resale to others, such as resellers
and end-use customers. LG knew or should have known that such actions would induce
actual infringement.
23.
LG indirectly infringes the ‘551 Patent by contributing to infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(c) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and/or end-users of LG Mobile
Communication Devices. LG had actual notice of the ’551 Patent at least by February 2,
2013, in view of a Rockstar communication to LG, and also received knowledge as of the
date this lawsuit was filed.
24.
LG Mobile Communication Devices include at least one electronic
package comprising a component that is located between an EMI shield and a ground
member for performing shielding operations. The EMI shield is incorporated into the
electronic package, which is then mounted to a circuit board in LG Mobile
Communication Devices, and on information and belief, the electronic component does
not function in an acceptable manner absent the EMI shielding.
7
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Furthermore, the
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electronic package incorporating the EMI shield does not operate in isolation, but is
designed to operate within the Mobile Communication Device, and absent the EMI
shielding of the electronic component, LG Mobile Communication Devices would not
function in an acceptable manner.
25.
A reasonable inference to be drawn from the facts set forth is that the EMI
shielded electronic package in LG Mobile Communication Devices is especially made or
especially adapted to operate in a LG Mobile Communication Device as an EMI shield.
26.
A reasonable inference to be drawn from the facts set forth is that the EMI
shielded electronic package is not a staple article or commodity of commerce and that the
use of the EMI shielded electronic package is required for operation of LG Mobile
Communication Devices.
Any other use would be unusual, far-fetched, illusory,
impractical, occasional, aberrant, or experimental.
27.
The EMI shielded electronic package in LG Mobile Communication
Devices are each a material part of the invention of the ’551 patent and are especially
made for the infringing manufacture, sale, and use of LG Mobile Communication
Devices. LG Mobile Communication Devices, including the EMI shielded electronic
package, are especially made or adapted as an electronic package that infringes the ’551
patent.
Because the sales and manufacture of LG Mobile Communication Devices
including the EMI shielded electronic package infringe the ’551 patent, LG’s sales of its
infringing products have no substantial non-infringing uses.
28.
Accordingly, a reasonable inference is that LG offers to sell, or sells
within the United States a component of a patented machine, manufacture, combination,
or composition, or a material or apparatus for use in practicing a patented process,
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constituting a material part of the invention, knowing the same to be especially made or
especially adapted for use in an infringement of such patent, and not a staple article or
commodity of commerce suitable for substantial non-infringing use. LG provides to
others LG Mobile Communication Devices with distinct and separate components,
including hardware components, which have no substantial non-infringing use.
29.
At least LG Mobile Communication Devices with an operating system
configured and installed by LG to support Gallery, Email, Maps and Browser
functionality, infringe at least claim 13 of the ‘937 Patent. LG makes, uses, tests, sells,
offers for sale, imports, exports, supplies and/or distributes within the United States these
devices and thus directly infringes at least claim 13 of the ‘937 Patent.
30.
LG indirectly infringes the ‘937 patent by inducing infringement by others
of at least claim 13, such as resellers, in accordance with 35 U.S.C. § 271(b) in this
District and elsewhere in the United States. Direct infringement is the result of activities
performed by the manufacturers, resellers, and end-users of the LG Mobile
Communication Devices. LG received actual notice of the ’937 Patent at least by March
12, 2012 from a communication from Rockstar, and/or its predecessors-in-interest, to LG,
and also received knowledge as of the date this lawsuit was filed.
31.
LG’s affirmative acts of selling LG Mobile Communication Devices,
causing the LG Mobile Communication Devices to be manufactured, and providing
instruction manuals for LG Mobile Communication Devices induced LG’s manufacturers
and resellers to make or use the LG Mobile Communication Devices in their normal and
customary way to infringe the ‘937 patent. Through its manufacture and sales of LG
Mobile Communication Devices, LG specifically intended its resellers and manufacturers
9
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to infringe the ‘937 patent; further, LG was aware that these normal and customary
activities would infringe the ‘937 patent. LG performed the acts that constitute induced
infringement, and would induce actual infringement, with knowledge of the ‘937 patent
and with the knowledge or willful blindness that the induced acts would constitute
infringement.
32.
Accordingly, a reasonable inference is that LG specifically intends for
others, such as resellers and end-use customers, to directly infringe one or more claims of
the ‘937 patent in the United States because LG has knowledge of the ‘937 patent and
actually induces others, such as resellers and end-use customers, to directly infringe, by
using, selling, exporting, supplying and/or distributing within the United States, LG
Communication Devices for resale to others, such as resellers and end-use customers.
LG knew or should have known that such actions would induce actual infringement.
33.
The use of at least LG Mobile Communication Devices with an operating
system configured and installed by LG to support Gallery, Email, Maps and Browser
functionality as intended by LG infringes at least method claim 1 of the ‘937 Patent. LG
uses these products and thus directly infringes at least method claim 1 of the ‘937 Patent.
34.
In addition, LG provides at least LG Mobile Communication Devices with
an operating system configured and installed by LG to support Gallery, Email, Maps, and
Browser functionality to others, such as resellers and end-use customers, in the United
States who, in turn, use these products to infringe at least method claim 1 of the ‘937
Patent.
35.
LG indirectly infringes the ’937 patent by inducing infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(b) in
10
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this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of the LG Mobile
Communication Devices. LG had actual notice of the ’937 Patent at least by March 12,
2012 from a communication from Rockstar and/or its predecessors-in-interest to LG, and
also received knowledge as of the date this lawsuit was filed.
36.
LG provides at least LG Mobile Communication Devices with an
operating system configured and installed by LG to support Gallery, Email, Maps and
Browser functionality to others, such as resellers and end-use customers, in the United
States who, in turn, use these products to infringe the ’937 Patent.
Through its
manufacture and sales of LG Mobile Communication Devices, LG specifically intended
its resellers and manufacturers to infringe the ’937 patent.
37.
LG specifically intends for others, such as resellers and end-use
customers, to directly infringe one or more claims of the ’937 Patent in the United States.
For example, LG provides instructions to resellers and end-use customers regarding the
use and operation of LG’s products in an infringing way. Such instructions include at
least “User Guide LG Optimus T P509,” available on LGE’s web site at
http://www.lg.com/us/support-mobile/lg-LGP509#.
When
resellers
and
end-use
customers follow such instructions, they directly infringe the ‘937 Patent. LG knows that
by providing such instructions, resellers and end-use customers follow those instructions,
and directly infringe the ‘937 Patent.
LG thus knows that its actions induce the
infringement.
11
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38.
LG performed the acts that constitute induced infringement, and would
induce actual infringement, with the knowledge of the ’937 patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
39.
LG indirectly infringes the ’937 patent, by contributing to infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(b) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of LG Mobile
Communication Devices. LG had actual notice of the ’937 Patent at least by March 12,
2012 from a communication from Rockstar and/or its predecessors-in-interest to LG, and
also received knowledge as of the date this lawsuit was filed.
40.
LG Mobile Communication Devices include functionality that, inter alia,
displays a navigable graphical user interface (“navigable GUI”) that permits a user to
manipulate and control the contents of the display to maximize the use of display real
estate. This navigable GUI is included in LG Mobile Communication Devices with an
operating system configured and installed by LG to support at least the Gallery, Email,
Maps, and Browser functionalities.
On information and belief, these functionalities
cannot operate in an acceptable manner absent the navigable GUI, as it is included in
every LG Mobile Communication Device.
41.
A reasonable inference to be drawn from the facts set forth is that the
navigable GUI as included in LG Mobile Communication Devices is especially made or
especially adapted to operate on a LG Mobile Communication Device as a navigable GUI
that permits a user to manipulate or control the contents of the display to maximize the
use of display real estate on the user’s LG Mobile Communication Devices.
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42.
A reasonable inference to be drawn from the facts set forth is that the
navigable GUI as included in the Mobile Communication Device is not a staple article or
commodity of commerce and that the use of the navigable GUI in LG Mobile
Communication Devices is required for the operation of LG Mobile Communication
Devices. Any other use would be unusual, far-fetched, illusory, impractical, occasional,
aberrant, or experimental.
43.
LG Mobile Communication Devices with the navigable GUI are each a
material part of the invention of the ’937 patent and are especially made for the infringing
manufacture, sale, and use of LG Mobile Communication Devices.
LG Mobile
Communication Devices with the navigable GUI are especially made or adapted as a
navigable GUI that infringes the ’937 patent. Because the sales and manufacture of LG
Mobile Communication Devices with a navigable GUI infringes the ’937 patent, LG’s
sales of its infringing products have no substantial non-infringing uses.
44.
Accordingly, a reasonable inference is that LG offers to sell, or sells
within the United States a component of a patented machine, manufacture, combination,
or composition, or a material or apparatus for use in practicing the ’937 patent,
constituting a material part of the invention, knowing the same to be especially made or
especially adapted for use in an infringement of such patent, and not a staple article or
commodity of commerce suitable for substantial non-infringing use. LG provides to
others, LG Mobile Communication Devices with distinct and separate components,
including software components, which have no substantial non-infringing use.
45.
At least LG Mobile Communication Devices with an operating system
configured and installed by LG to support the Mobile Hotspot functionality infringe at
13
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least claims 27 and 31 of the ‘298 Patent. LG makes, uses, sells, offers for sale, imports,
exports, supplies and/or distributes within the United States these devices and thus
directly infringes at least claims 27 and 31 of the ‘298 Patent.
46.
LG indirectly infringes the ‘298 patent by inducing infringement by others
of at least claim 27 and 31, such as resellers, in accordance with 35 U.S.C. § 271(b) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of the LG Mobile
Communication Devices. LG had actual notice of the ’298 Patent at least by October 22,
2012 from a communication from Rockstar, and/or its predecessors-in-interest, to LG,
and also received knowledge as of the date this lawsuit was filed.
47.
LG’s affirmative acts of selling LG Mobile Communication Devices,
causing the LG Mobile Communication Devices to be manufactured, and providing
instruction manuals for LG Mobile Communication Devices induced LG’s manufacturers
and resellers to make or use the LG Mobile Communication Devices in their normal and
customary way to infringe the ‘298 patent. Through its manufacture and sales of LG
Mobile Communication Devices, LG specifically intended its resellers and manufacturers
to infringe the ‘298 patent; further, LG was aware that these normal and customary
activities would infringe the ‘298 patent. LG performed the acts that constitute induced
infringement, and would induce actual infringement, with the knowledge of the ‘298
patent and with the knowledge or willful blindness that the induced acts would constitute
infringement.
48.
Accordingly, a reasonable inference is that LG specifically intends for
others, such as resellers and end-use customers, to directly infringe one or more claims of
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the ‘298 patent in the United States because LG has knowledge of the ‘298 patent and
actually induces others, such as resellers and end-use customers, to directly infringe, by
using, selling, exporting, supplying and/or distributing within the United States, LG
Communication Devices for resale to others, such as resellers and end-use customers.
LG knew or should have known that such actions would induce actual infringement.
49.
The use of at least LG Mobile Communication Devices that support the
Mobile Hotspot functionality as intended by LG infringes at least method claims 14 and
24 of the ‘298 Patent. LG uses these products and thus directly infringes at least method
claims 14 and 24 of the ‘298 Patent.
50.
In addition, LG provides at least LG Mobile Communication Devices that
support the Mobile Hotspot functionality to others, such as resellers and end-use
customers, in the United States who, in turn, use these products to infringe at least
method claims 14 and 24 of the ‘298 Patent.
51.
LG indirectly infringes the ’298 patent by inducing infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(b) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of LG Mobile
Communication Devices in their intended use, including a customer’s use of the Mobile
Hotspot functionality. LG had actual notice of the ’298 Patent at least by October 22,
2012, in view of a Rockstar communication to LG, and also received knowledge as of the
date this lawsuit was filed.
52.
LG’s affirmative acts of selling its LG Mobile Communication Devices
and providing instruction manuals induced the end-users of LG Mobile Communication
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Devices to use LG Mobile Communication Devices in their normal and customary way to
infringe the ’298 patent at least through using Mobile Hotspot functionality. LG also
provides instructions, including at least “User Guide LG Optimus T P509,” available on
LGE’s web site at http://www.lg.com/us/support-mobile/lg-LGP509# for using the
Mobile Hotspot functionality. Through its sales of LG Mobile Communication Devices
with Mobile Hotspot functionality, LG specifically intended the end-users of LG Mobile
Communication Devices to infringe the ’298 patent; further, LG was aware that the
normal and customary use of Mobile Hotspot functionality would infringe the ’298
patent.
LG also enticed its end-users to use the Mobile Hotspot functionality by
providing instruction manuals and also providing Mobile Hotspot functionality. LG
performed the acts that constituted induced infringement, and would induce actual
infringement, with the knowledge of the ’298 patent and with the knowledge or willful
blindness that the induced acts would constitute infringement.
53.
Accordingly, a reasonable inference is that LG actively induces
infringement of the ‘298 Patent by others, such as resellers and end-use customers. LG
specifically intends for others, such as resellers and end-use customers, to directly
infringe one or more claims of the ‘298 Patent in the United States because LG had
knowledge of the ‘298 Patent, and LG actually induces infringement by providing
instructions to resellers and end-use customers regarding the use and operation of LG
Mobile Communication Devices in an infringing way. Such instructions include at least
“User
Guide
LG
Optimus
T
P509”
available
http://www.lg.com/us/support-mobile/lg-LGP509#.
on
When
LGE’s
web
site
at
resellers
and
end-use
customers follow such instructions, they directly infringe the ‘298 Patent. LG knows that
16
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by providing such instructions, resellers and end-use customers follow those instructions,
and directly infringe the ‘298 Patent.
LG thus knows that its actions induce the
infringement.
54.
LG indirectly infringes the ‘298 Patent by contributing to infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(c) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of LG Mobile
Communication Devices in their intended use, including a customer’s use of the Mobile
Hotspot functionality. LG had actual notice of the ’298 Patent at least by October 22,
2012, in view of a Rockstar communication to LG, and also received knowledge as of the
date this lawsuit was filed.
55.
LG
Mobile
Communication
Devices
with
the
Mobile
Hotspot
functionality allow wireless devices from a first, or private, network to connect to a
second, or public, network such as the Internet. The Mobile Hotspot functionality is
designed to route data packets between wireless devices tethered to the Mobile Hotspot to
nodes on a public network such as the Internet, and cannot function in a manner that does
not utilize the Mobile Hotspot functionality available to LG Mobile Communication
Devices. Upon information and belief, the Mobile Hotspot functionality is designed to
entice a user to access nodes in a second, or public, network such as the Internet.
56.
A reasonable inference to be drawn from the facts set forth is that the
Mobile Hotspot functionality is especially made or especially adapted to operate on a
mobile communication device for providing access for wireless devices in a first, or
private, network to nodes in a second, or public, network.
17
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57.
A reasonable inference to be drawn from the facts set forth is that the
Mobile Hotspot functionality is not a staple article or commodity of commerce and that
the use of the Mobile Hotspot functionality of LG Mobile Communication Devices is for
interfacing first and second data communications networks, e.g., a private network and a
public network such as the Internet. Any other use would be unusual, far-fetched,
illusory, impractical, occasional, aberrant, or experimental.
58.
LG Mobile Communication Devices with Mobile Hotspot functionality
are each a material part of the ’298 patent and especially made for the infringing use of
the Mobile Hotspot functionality for interfacing private and public data communication
networks. LG Mobile Communication Devices with the Mobile Hotspot functionality are
especially made or adapted to provide access for wireless devices in a first, or private,
network through the Mobile Communication Device, to nodes in a second, or public,
network that perform or facilitate performance of the steps that infringe the ’298 patent.
Furthermore, LG provides user manuals describing the uses of LG Mobile
Communication Devices that infringe the ’298 patent.
Because the sales and
manufacture of LG Mobile Communication Devices with Mobile Hotspot functionality
infringes the ’298 patent, LG’s sales of its infringement products have no substantial noninfringing uses.
59.
Accordingly, a reasonable inference is that LG offers to sell, or sells
within the United States a component of a patented machine, manufacture, combination,
or composition, or a material or apparatus for use in practicing a patented process,
constituting a material part of the invention, knowing the same to be especially made or
especially adapted for use in an infringement of such patent, and not a staple article or
18
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commodity of commerce suitable for substantial non-infringing use. LG provides to
others, LG Mobile Communication Devices with an operating system configured and
installed by LG to support Mobile Hotspot functionality. LG installs and configures LG
Mobile Communication Devices with distinct and separate components, including
software components, which are used only to perform the infringing method claims.
60.
At least LG Mobile Communication Devices with an operating system
configured and installed by LG to support an integrated notification message center
functionality infringe at least claims 1 and 21 of the ‘973 Patent. LG makes, uses, sells,
tests, uses, offers for sale, imports, exports, supplies and/or distributes within the United
States these devices and thus directly infringes one or more claims of the ’973 patent,
including at least claims 1 and 21.
61.
LG indirectly infringes the ‘973 patent by inducing infringement by others
of at least claim 1 and 21, such as resellers, in accordance with 35 U.S.C. § 271(b) in this
District and elsewhere in the United States. Direct infringement is the result of activities
performed by the manufacturers, resellers, and end-users of the LG Mobile
Communication Devices. LG had actual notice of the ’973 Patent at least by March 12,
2012 from a communication from Rockstar, and/or its predecessors-in-interest, to LG,
and also received knowledge as of the date this lawsuit was filed.
62.
LG’s affirmative acts of selling LG Mobile Communication Devices,
causing the LG Mobile Communication Devices to be manufactured, and providing
instruction manuals for LG Mobile Communication Devices induced LG’s manufacturers
and resellers to make or use the LG Mobile Communication Devices in their normal and
customary way to infringe the ‘973 patent. Through its manufacture and sales of LG
19
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Mobile Communication Devices, LG specifically intended its resellers and manufacturers
to infringe the ‘973 patent; further, LG was aware that these normal and customary
activities would infringe the ‘973 patent. LG performed the acts that constitute induced
infringement, and would induce actual infringement, with the knowledge of the ‘973
patent and with the knowledge or willful blindness that the induced acts would constitute
infringement.
63.
Accordingly, a reasonable inference is that LG specifically intends for
others, such as resellers and end-use customers, to directly infringe one or more claims of
the ‘973 patent in the United States because LG has knowledge of the ‘973 patent and
actually induces others, such as resellers and end-use customers, to directly infringe, by
using, selling, exporting, supplying and/or distributing within the United States, LG
Communication Devices for resale to others, such as resellers and end-use customers.
LG knew or should have known that such actions would induce actual infringement.
64.
The use of at least LG Mobile Communication Devices with an operating
system configured and installed by LG to support an integrated notification message
center functionality as intended by LG infringes at least method claim 8 of the ‘973
Patent. LG uses these devices within the United States and thus directly infringes one or
more claims of the ’973 patent, including at least claim 8.
65.
LG indirectly infringes the ’973 patent by inducing infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(b) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of LG Mobile
Communication Devices. LG had actual notice of the ’973 Patent at least by March 12,
20
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2012, in view of a Rockstar communication to LG, and also received knowledge as of the
date this lawsuit was filed.
66.
LG provides at least LG Mobile Communication Devices with an
operating system configured and installed by LG to support integrated notification
message center functionality to others, such as resellers and end-use customers, in the
United States who, in turn, use LG Mobile Communication Devices to infringe at least
method claim 8 of the ‘973 Patent. Through its manufacture and sales of LG Mobile
Communication Devices, LG specifically intended its resellers and manufacturers to
infringe the ’973 patent.
67.
LG specifically intends for others, such as resellers and end-use
customers, to directly infringe one or more claims of the ‘973 Patent in the United States.
For example, LG provides instructions to resellers and end-use customers regarding the
use and operation of LG Mobile Communication Devices in an infringing way. Such
instructions include at least “User Guide LG Optimus T P509,” available on LGE’s web
site at http://www.lg.com/us/support-mobile/lg-LGP509#. When resellers and end-use
customers follow such instructions, they directly infringe the ‘973 Patent. LG knows that
by providing such instructions, resellers and end-use customers follow those instructions,
and directly infringe the ‘973 Patent.
LG thus knows that its actions induce the
infringement.
68.
LG performed the acts that constitute induced infringement, and would
induce actual infringement, with the knowledge of the ’973 patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
21
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69.
LG indirectly infringes the ’973 patent, by contributing to infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(b) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of LG Mobile
Communication Devices. LG had actual notice of the ’973 Patent at least by March 12,
2012, in view of a Rockstar communication to LG, and also received knowledge as of the
date this lawsuit was filed.
70.
LG Mobile Communication Devices include functionality that, inter alia,
displays an integrated notification message center contained in a single list.
The
notification message center is designed to provide a user with a single list of notifications
regardless of the types of messages (e.g., email, text, etc) on the user’s Mobile
Communication Device. On information and belief, this functionality cannot operate in
an acceptable manner absent the integrated notification message center, as it is included
in every LG Mobile Communication Device.
71.
A reasonable inference to be drawn from the facts set forth is that the
integrated message center in LG Mobile Communication Devices is especially made or
especially adapted to operate on a LG Mobile Communication Device as an integrated
notification message center that provides a user with notifications concerning different
types of messages on the user’s Mobile Communication Device.
72.
A reasonable inference to be drawn from the facts set forth is that the
integrated notification message center in the Mobile Communication Device is not a
staple article or commodity of commerce and that the use of the integrated notification
message center in LG Mobile Communication Devices is required for operation of LG
22
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Mobile Communication Devices. Any other use would be unusual, far-fetched, illusory,
impractical, occasional, aberrant, or experimental.
73.
LG Mobile Communication Devices with the integrated notification
message center are each a material part of the invention of the ’973 patent and are
especially made for the infringing manufacture, sale, and use of LG Mobile
Communication Devices. LG Mobile Communication Devices, including the integrated
notification message center, are especially made or adapted as an integrated notification
message center that infringes the ’973 patent. Because the sales and manufacture of LG
Mobile Communication Devices with an integrated notification message center infringes
the ’973 patent, LG’s sales of its infringing products have no substantial non-infringing
uses.
74.
Accordingly, a reasonable inference is that LG offers to sell, or sells
within the United States a component of a patented machine, manufacture, combination,
or composition, or a material or apparatus for use in practicing a patented process,
constituting a material part of the invention, knowing the same to be especially made or
especially adapted for use in an infringement of such patent, and not a staple article or
commodity of commerce suitable for substantial non-infringing use. LG provides to
others, LG Mobile Communication Devices with distinct and separate components,
including software components, which have no substantial non-infringing use.
75.
At least LG Mobile Communication Devices with an operating system
configured and installed by LG to support Message and Notification functionality
infringe at least claim 1 of the ‘131 Patent. LG makes, uses, sells, offers for sale,
23
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imports, exports, supplies and/or distributes within the United States these devices and
thus directly infringes at least claim 1 of the ‘131 Patent.
76.
LG indirectly infringes the ‘131 patent by inducing infringement by others
of at least claim 1, such as resellers, in accordance with 35 U.S.C. § 271(b) in this
District and elsewhere in the United States. Direct infringement is the result of activities
performed by the manufacturers, resellers, and end-users of the LG Mobile
Communication Devices. LG had actual notice of the ’131 Patent at least by September
13, 2013 from a communication from Rockstar, and/or its predecessors-in-interest, to LG,
and also received knowledge as of the date this lawsuit was filed.
77.
LG’s affirmative acts of selling LG Mobile Communication Devices,
causing the LG Mobile Communication Devices to be manufactured, and providing
instruction manuals for LG Mobile Communication Devices induced LG’s manufacturers
and resellers to make or use the LG Mobile Communication Devices in their normal and
customary way to infringe the ‘131 patent. Through its manufacture and sales of LG
Mobile Communication Devices, LG specifically intended its resellers and manufacturers
to infringe the ‘131 patent; further, LG was aware that these normal and customary
activities would infringe the ‘131 patent. LG performed the acts that constitute induced
infringement, and would induce actual infringement, with the knowledge of the ‘131
patent and with the knowledge or willful blindness that the induced acts would constitute
infringement.
78.
Accordingly, a reasonable inference is that LG specifically intends for
others, such as resellers and end-use customers, to directly infringe one or more claims of
the ‘131 patent in the United States because LG has knowledge of the ‘131 patent and
24
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actually induces others, such as resellers and end-use customers, to directly infringe, by
using, selling, exporting, supplying and/or distributing within the United States, LG
Communication Devices for resale to others, such as resellers and end-use customers.
LG knew or should have known that such actions would induce actual infringement.
79.
The use of at least LG Mobile Communication Devices with an operating
system configured and installed by LG to support Message and Notification functionality
as intended by LG infringes at least method claim 5 of the ‘131 Patent. LG uses these
products and thus directly infringes at least method claim 5 of the ‘131 Patent.
80.
In addition, LG provides at least LG Mobile Communication Devices with
an operating system configured and installed by LG to support Message functionality to
others, such as resellers and end-use customers, in the United States who, in turn, use
these products to infringe at least method claim 5 of the ‘131 Patent.
81.
LG indirectly infringes the ’131 patent by inducing infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(b) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of LG Mobile
Communication Devices in their intended use, including a customer’s use of the Message
and Notifications functionality. LG had actual notice of the ’131 Patent at least by
September 13, 2013, in view of a Rockstar communication to LG, and also received
knowledge as of the date this lawsuit was filed.
82.
LG’s affirmative acts of selling LG Mobile Communication Devices and
providing instruction manuals induced the end-users of LG Mobile Communication
Devices to use LG Mobile Communication Devices in their normal and customary way to
25
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infringe the ’131 patent at least through using Message and Notifications functionality.
LG also provides instructions, including at least “User Guide LG Optimus T P509,”
available on LGE’s web site at http://www.lg.com/us/support-mobile/lg-LGP509#, for
using the Messaging and Notifications functionality.
Through its sales of Mobile
Communication Devices with Messaging and Notifications functionality, LG specifically
intended the end-users of LG Mobile Communication Devices to infringe the ’131 patent;
further, LG was aware that the normal and customary use of the Message and
Notifications functionality would infringe the ’131 patent. LG also enticed its end-users
to use the Messaging and Notifications functionality by providing instruction manuals.
LG performed the acts that constituted induced infringement, and would induce actual
infringement, with the knowledge of the ’131 patent and with the knowledge or willful
blindness that the induced acts would constitute infringement.
83.
Accordingly, a reasonable inference is that LG actively induces
infringement of the ‘131 Patent by others, such as resellers and end-use customers. LG
specifically intends for others, such as resellers and end-use customers, to directly
infringe one or more claims of the ‘131 Patent in the United States because LG had
knowledge of the ‘131 Patent, and LG actually induces infringement by providing
instructions to resellers and end-use customers regarding the use and operation of LG
Mobile Communication Devices in an infringing way. Such instructions include at least
“User
Guide
LG
Optimus
T
P509,”
available
http://www.lg.com/us/support-mobile/lg-LGP509#.
on
When
LGE’s
web
resellers
and
site
at
end-use
customers follow such instructions, they directly infringe the ‘131 Patent. LG knows that
by providing such instructions, resellers and end-use customers follow those instructions,
26
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and directly infringe the ‘131 Patent.
LG thus knows that its actions induce the
infringement.
84.
LG indirectly infringes the ‘131 Patent by contributing to infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(c) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of LG Mobile
Communication Devices in their intended use, including a customer’s use of the
Messaging and Notification functionality. LG had actual notice of the ’131 Patent at
least by September 13, 2013, in view of a Rockstar communication to LG, and also
received knowledge as of the date this lawsuit was filed.
85.
LG’s Message and Notification functionality receives and displays
message of different types, such as a phone call, voice mail, text message, or email. The
Message and Notification Services functionality is designed to notify the user of an
incoming communication and to select the format of the message received and cannot
function in a manner that does not utilize the messaging functionality available to LG
Mobile Communication Devices.
Upon information and belief, the Message and
Notifications functionality is designed to entice a user to receive notifications of an
incoming communication.
86.
A reasonable inference to be drawn from the facts set forth is that the
Message and Notifications functionality especially made or especially adapted to operate
on LG Mobile Communication Devices for notifying a user of an incoming
communication.
27
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87.
A reasonable inference to be drawn from the facts set forth is that the
Message and Notifications functionality is not a staple article or commodity of commerce
and that the use of the Messaging and Notifications functionality of the LG Mobile
Communication Devices is for notifying a user of an incoming communication. Any
other use would be unusual, far-fetched, illusory, impractical, occasional, aberrant, or
experimental.
88.
LG Mobile Communication Devices with Messaging and Notifications
functionality are each a material part of the ’131 patent and especially made for the
infringing use of the Messaging and Notification functionality to receive and display
messages.
LG Mobile Communication Devices including the Messaging and
Notification functionality, are especially made or adapted to notify a user of an incoming
communication that perform or facilitate performance of the steps that infringe the ’131
patent.
Furthermore, LG provides user manuals describing the uses of its Mobile
Communication Devices that infringe the ’131 patent.
Because the functionality
provided by LG’s Messaging and Notification to notify a user of an incoming
communication infringes the ’131 patent, LG’s sales of its infringing products have no
substantial non-infringing uses.
89.
Accordingly, a reasonable inference is that LG offers to sell, or sells
within the United States a component of a patented machine, manufacture, combination,
or composition, or a material or apparatus for use in practicing a patented process,
constituting a material part of the invention, knowing the same to be especially made or
especially adapted for use in an infringement of such patent, and not a staple article or
commodity of commerce suitable for substantial non-infringing use. LG provides to
28
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others, Mobile Communication Devices with an operating system configured and
installed by LG to support Message and Notification functionality. LG installs and
configures on these products distinct and separate components, including software
components, which are used only to perform the infringing method claims.
90.
At least LG Mobile Communication Devices with an operating system
configured and installed by LG to support VPN management functionality, including the
LG Galaxy S III, infringe at least claims 1 and 8 of the ‘591 Patent. LG makes, uses,
sells, offers for sale, imports, exports, supplies and/or distributes within the United States
these devices and thus directly infringes at least claims 1 and 8 of the ‘591 Patent.
91.
The use of at least LG Mobile Communication Devices with an operating
system configured and installed by LG to support VPN management functionality as
specified and intended by LG infringes at least claims 1 and 8 of the ‘591 Patent. LG
uses these products and thus directly infringes at least claims 1 and 8 of the ‘591 Patent.
92.
LG indirectly infringes the ‘591 patent by inducing infringement by others
of at least claims 1 and 8, such as resellers, in accordance with 35 U.S.C. § 271(b) in this
District and elsewhere in the United States. Direct infringement is the result of activities
performed by the manufacturers, resellers, and end-users of the LG Mobile
Communication Devices. LG had actual notice of the ’591 Patent at least by February 2,
2013 from a communication from Rockstar, and/or its predecessors-in-interest, to LG,
and also received knowledge as of the date this lawsuit was filed.
93.
LG’s affirmative acts of selling LG Mobile Communication Devices,
causing the LG Mobile Communication Devices to be manufactured, and providing
instruction manuals for LG Mobile Communication Devices induced LG’s manufacturers
29
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and resellers to make or use the LG Mobile Communication Devices in their normal and
customary way to infringe the ‘591 patent. Through its manufacture and sales of LG
Mobile Communication Devices, LG specifically intended its resellers and manufacturers
to infringe the ‘591 patent; further, LG was aware that these normal and customary
activities would infringe the ‘591 patent. LG performed the acts that constitute induced
infringement, and would induce actual infringement, with the knowledge of the ‘591
patent and with the knowledge or willful blindness that the induced acts would constitute
infringement.
94.
Accordingly, a reasonable inference is that LG specifically intends for
others, such as resellers and end-use customers, to directly infringe one or more claims of
the ‘591 patent in the United States because LG has knowledge of the ‘591 patent and
actually induces others, such as resellers and end-use customers, to directly infringe, by
using, selling, exporting, supplying and/or distributing within the United States, LG
Communication Devices for resale to others, such as resellers and end-use customers.
LG knew or should have known that such actions would induce actual infringement.
95.
In addition, LG provides at least its Mobile Communication Devices with
an operating system configured and installed by LG to support VPN management
functionality to others, such as resellers and end-use customers, in the United States who,
in turn, use these products to infringe at least claims 1 and 8 of the ‘591 Patent.
96.
LG indirectly infringes the ’591 patent by inducing infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(b) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of LG Mobile
30
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Communication Devices in their intended use, including a customer’s use of the VPN
management functionality. LG had actual notice of the ’591 Patent at least by February 2,
2013, in view of a Rockstar communication to LG, and also received knowledge as of the
date this lawsuit was filed.
97.
LG’s affirmative acts of selling its Mobile Communication Devices and
providing instruction manuals induced the end-users of LG Mobile Communication
Devices to use LG Mobile Communication Devices in their normal and customary way to
infringe the ’591 patent at least through using VPN management functionality. LG also
provides instructions, including at least “LG User Guide Optimus L9” available on
LGE’s website at http://www.lg.com/us/support-mobile/lg-P769#, for using the VPN
management functionality. Through its sales of LG Mobile Communication Devices
with VPN management functionality, LG specifically intended the end-users of LG
Mobile Communication Devices to infringe the ’591 patent; further, LG was aware that
the normal and customary use of VPN management functionality would infringe the ’591
patent. LG also enticed its end-users to use the VPN management functionality by
providing instruction manuals.
LG performed the acts that constituted induced
infringement, and would induce actual infringement, with the knowledge of the ’591
patent and with the knowledge or willful blindness that the induced acts would constitute
infringement.
98.
Accordingly, it is a reasonable inference that LG actively induces
infringement of the ‘591 Patent by others, such as resellers and end-use customers. LG
specifically intends for others, such as resellers and end-use customers, to directly
infringe one or more claims of the ‘591 Patent in the United States because LG had
31
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knowledge of the ‘591 Patent, and LG actually induces infringement by providing
instructions to resellers and end-use customers regarding the use and operation of LG’s
products in an infringing way.
Optimus
L9”
at
page
Such instructions include at least “LG User Guide
108-115
available
on
LGE’s
website
at
http://www.lg.com/us/support-mobile/lg-P769#. When resellers and end-use customers
follow such instructions, they directly infringe the ‘591 Patent. LG knows that by
providing such instructions, resellers and end-use customers follow those instructions,
and directly infringe the ‘591 Patent.
LG thus knows that its actions induce the
infringement.
99.
LG indirectly infringes the ‘591 Patent by contributing to infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(c) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of LG Mobile
Communication Devices in their intended use, including a customer’s use of the VPN
management functionality. LG had actual notice of the ’591 Patent at least by February 2,
2013, in view of a Rockstar communication to LG, and also received knowledge as of the
date this lawsuit was filed.
100.
LG’s VPN management functionality facilitates management of VPNs.
The VPN management functionality is designed for management of VPNs and cannot
function in a manner that does not utilize the VPN management functionality available to
LG Mobile Communication Devices. The VPN management functionality is designed
upon information and belief to entice a user to manage VPNs.
32
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101.
A reasonable inference to be drawn from the facts set forth is that the VPN
functionality is especially made or especially adapted to operate on LG Mobile
Communication Devices for providing VPN management functionality.
102.
A reasonable inference to be drawn from the facts set forth is that the VPN
management functionality is not a staple article or commodity of commerce and that the
use of the VPN management functionality of LG Mobile Communication Devices is for
managing VPNs. Any other use would be unusual, far-fetched, illusory, impractical,
occasional, aberrant, or experimental.
103.
LG Mobile Communication Devices with VPN management functionality
are each a material part of the invention of the ’591 patent and especially made for the
infringing use of the VPN functionality to receive call trace information. LG Mobile
Communication Devices including the VPN management functionality, are especially
made or adapted to provide VPN management functionality that perform or facilitate
performance of the steps that infringe the ’591 patent. Furthermore, LG provides user
manuals describing the uses of its Mobile Communication Devices that infringe the ’591
patent. Because the functionality provided by LG’s VPN management functionality
infringes the ’591 patent, LG’s sales of its infringing Mobile Communication Devices
have no substantial non-infringing uses.
104.
Accordingly, a reasonable inference is that LG offers to sell, or sells
within the United States a component of a patented machine, manufacture, combination,
or composition, or a material or apparatus for use in practicing a patented process,
constituting a material part of the invention, knowing the same to be especially made or
especially adapted for use in an infringement of such patent, and not a staple article or
33
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commodity of commerce suitable for substantial non-infringing use. LG provides to
others, Mobile Communication Devices with an operating system configured and
installed by LG to support VPN management functionality. LG installs and configures
on these products distinct and separate components, including software components,
which are used only to infringe the ‘591 Patent.
105.
The use of at least LG Mobile Communication Devices with an operating
system configured and installed by LG to support Location Services functionality, as
intended by LG infringes at least method claim 17 of the ‘572 Patent. LG uses these
Mobile Communication Devices and thus directly infringes at least method claim 17 of
the ‘572 Patent.
106.
In addition, LG provides at least its Mobile Communication Devices with
an operating system configured and installed by LG to support Location Services
functionality to others, such as resellers and end-use customers, in the United States who,
in turn, use these products to infringe at least method claim 17 of the ‘572 Patent.
107.
LG indirectly infringes by inducing infringement by others, such as
resellers and end-use customers, in accordance with 35 U.S.C. § 271(b) in this District
and elsewhere in the United States.
Direct infringement is the result of activities
performed by the manufacturers, resellers, and end-users of LG Mobile Communication
Devices in their intended use, including a customer’s use of the Location Services
functionality. LG had actual notice of the ’572 Patent at least by May 23, 2012, in view
of a Rockstar communication to LG, and also received knowledge as of the date this
lawsuit was filed.
34
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108.
LG’s affirmative acts of selling its Mobile Communication Devices and
providing instruction manuals induced the end-users of LG Mobile Communication
Devices to use LG Mobile Communication Devices in their normal and customary way to
infringe the ’572 patent at least through using Location Services functionality. LG also
provides instructions, including at least “User Guide LG Optimus T P509” available on
LGE’s website at http://www.lg.com/us/support-mobile/lg-LGP509#, for using the
Location Services functionality.
Through its sales of LG Mobile Communication
Devices with Location Services functionality, LG specifically intended the end-users of
LG Mobile Communication Devices to infringe the ’572 patent; further, LG was aware
that the normal and customary use of Location Services would infringe the ’572 patent.
LG also enticed its end-users to use the Location Services by providing instruction
manuals. LG performed the acts that constituted induced infringement, and would induce
actual infringement, with the knowledge of the ’572 patent and with the knowledge or
willful blindness that the induced acts would constitute infringement.
109.
Accordingly, a reasonable inference is that LG actively induces
infringement of the ‘572 Patent by others, such as resellers and end-use customers. LG
specifically intends for others, such as resellers and end-use customers, to directly
infringe one or more claims of the ‘572 Patent in the United States because LG had
knowledge of the ‘572 Patent, and LG actually induces infringement by providing
instructions to resellers and end-use customers regarding the use and operation of LG’s
products in an infringing way.
Such instructions include at least “User Guide LG
Optimus T P509” available on LGE’s website at http://www.lg.com/us/supportmobile/lg-LGP509#. When resellers and end-use customers follow such instructions,
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they directly infringe the ‘572 Patent. LG knows that by providing such instructions,
resellers and end-use customers follow those instructions, and directly infringe the ‘572
Patent. LG thus knows that its actions induce the infringement.
110.
LG indirectly infringes the ‘572 Patent by contributing to infringement by
others, such as resellers and end-use customers, in accordance with 35 U.S.C. § 271(c) in
this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the manufacturers, resellers, and end-users of LG Mobile
Communication Devices in their intended use, including a customer’s use of the
Locations Services functionality. LG had actual notice of the ’572 Patent at least by May
23, 2012, in view of a Rockstar communication to LG, and also received knowledge as of
the date this lawsuit was filed.
111.
LG’s Location Services functionality provides call trace information, i.e.,
a geographic location of LG Mobile Communication Devices. The Location Services
functionality is designed to notify the user of LG Mobile Communication Devices of call
trace information, i.e., a geographic location of the Mobile Communication Devices, and
cannot function in a manner that does not utilize the Location Services functionality
available to the Mobile Communication Devices. Upon information and belief, the
Location Services functionality is designed to entice a user to access call trace
information.
112.
A reasonable inference to be drawn from the facts set forth is that the
Location Services functionality is especially made or especially adapted to operate on LG
Mobile Communication Devices for obtaining call trace information, i.e., a geographic
location of the Mobile Communication Devices.
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113.
A reasonable inference to be drawn from the facts set forth is that the
Location Services functionality is not a staple article or commodity of commerce and that
the use of the Location Services functionality of LG Mobile Communication Devices is
for providing call trace information.
Any other use would be unusual, far-fetched,
illusory, impractical, occasional, aberrant, or experimental.
114.
LG Mobile Communication Devices with Location Services functionality
are each a material part of the ’572 patent and especially made for the infringing use of
the Location Services functionality to receive call trace information, i.e., a geographic
location of the Mobile Communication Devices. The Mobile Communication Devices
including the Location Services functionality are especially made or adapted to provide
call trace information that perform or facilitate performance of the steps that infringe the
’572 patent. Furthermore, LG provides user manuals describing the uses of its products
that infringe the ’572 patent. Because the functionality provided by LG’s Location
Services to obtain call trace information, i.e., a geographic location of the Mobile
Communication Devices, infringes the ’572 patent, LG’s sales of its infringing products
have no substantial non-infringing uses.
115.
Accordingly, a reasonable inference is that LG offers to sell, or sells
within the United States a component of a patented machine, manufacture, combination,
or composition, or a material or apparatus for use in practicing a patented process,
constituting a material part of the invention, knowing the same to be especially made or
especially adapted for use in an infringement of such patent, and not a staple article or
commodity of commerce suitable for substantial non-infringing use. LG provides to
others, Mobile Communication Devices with an operating system configured and
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installed by LG to support Location Services functionality. LG installs and configures on
these products distinct and separate components, including software components, which
are used only to perform the infringing method claims.
116.
LG’s acts of infringement have caused damage to Rockstar and
MobileStar. Rockstar and MobileStar are entitled to recover from LG the damages
sustained by Rockstar and MobileStar as a result of LG’s wrongful acts in an amount
subject to proof at trial. In addition, the infringing acts and practices of LG have caused,
are causing, and, unless such acts and practices are enjoined by the Court, will continue
to cause immediate and irreparable harm to Rockstar and MobileStar for which there is
no adequate remedy at law, and for which Rockstar and MobileStar are entitled to
injunctive relief under 35 U.S.C. § 283.
117.
LG received actual notice of its infringement of the ‘551, ‘937, ‘298, ‘973,
‘131, ‘591, and ‘572 Patents through at least letters sent by Rockstar and/or its
predecessors-in-interest, Nortel Networks Ltd. and/or Nortel Networks, Inc., to LG, and
through meetings between employees of Rockstar and/or its predecessors-in-interest,
Nortel Networks Ltd., or Nortel Networks Inc. and LG. LG also has knowledge of its
infringement of the Patents-in-Suit by way of this Complaint.
118.
LG has willfully infringed and/or does willfully infringe the ‘551, ‘937,
‘298, ‘973, ‘131, ‘591, and ‘572 Patents.
DEMAND FOR JURY TRIAL
Rockstar and MobileStar hereby demand a jury trial for all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, Rockstar and MobileStar pray for the following relief:
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1.
A judgment that LG has directly infringed the ‘551 Patent, contributorily
infringed the ‘551 Patent, and/or induced the infringement of the ‘551 Patent.
2.
A judgment that LG has directly infringed the ‘937 Patent, contributorily
infringed the ‘937 Patent, and/or induced the infringement of the ‘937 Patent.
3.
A judgment that LG has directly infringed the ‘298 Patent, contributorily
infringed the ‘298 Patent, and/or induced the infringement of the ‘298 Patent.
4.
A judgment that LG has directly infringed the ‘973 Patent, contributorily
infringed the ‘973 Patent, and/or induced the infringement of the ‘973 Patent.
5.
A judgment that LG has directly infringed the ‘131 Patent, contributorily
infringed the ‘131 Patent, and/or induced the infringement of the ‘131 Patent.
6.
A judgment that LG has directly infringed the ‘591 Patent, contributorily
infringed the ‘591 Patent, and/or induced the infringement of the ‘591 Patent.
7.
A judgment that LG has directly infringed the ‘572 Patent, contributorily
infringed the ‘572 Patent, and/or induced the infringement of the ‘572 Patent.
8.
A permanent injunction preventing LG and its respective officers,
directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
those in active concert or participation with any of them, from directly infringing,
contributorily infringing, and/or inducing the infringement of the ’551 Patent;
9.
A permanent injunction preventing LG and its respective officers,
directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
those in active concert or participation with any of them, from directly infringing,
contributorily infringing, and/or inducing the infringement of the ’937 patent;
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10.
A permanent injunction preventing LG and its respective officers,
directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
those in active concert or participation with any of them, from directly infringing,
contributorily infringing, and/or inducing the infringement of the ’298 patent;
11.
A permanent injunction preventing LG and its respective officers,
directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
those in active concert or participation with any of them, from directly infringing,
contributorily infringing, and/or inducing the infringement of the ’973 patent;
12.
A permanent injunction preventing LG and its respective officers,
directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
those in active concert or participation with any of them, from directly infringing,
contributorily infringing, and/or inducing the infringement of the ’131 patent;
13.
A permanent injunction preventing LG and its respective officers,
directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
those in active concert or participation with any of them, from directly infringing,
contributorily infringing, and/or inducing the infringement of the ’591 patent;
14.
A permanent injunction preventing LG and its respective officers,
directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
those in active concert or participation with any of them, from directly infringing,
contributorily infringing, and/or inducing the infringement of the ’572 patent;
15.
A judgment that LG’s infringement of the ’551, ‘937, ‘298, ‘973, ‘131,
‘591, and ‘572 Patents has been willful;
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16.
A ruling that this case be found to be exceptional under 35 U.S.C. § 285,
and a judgment awarding Rockstar and MobileStar to its attorneys’ fees incurred in
prosecuting this action;
17.
A judgment and order requiring LG to pay Rockstar and MobileStar
damages under 35 U.S.C. § 284, including supplemental damages for any continuing
post-verdict infringement up until entry of the final judgment, with an accounting, as
needed, and treble damages for willful infringement as provided by 35 U.S.C. § 284;
18.
A judgment and order requiring LG to pay Rockstar and MobileStar the
costs of this action (including all disbursements);
19.
A judgment and order requiring LG to pay Rockstar and MobileStar pre-
judgment and post-judgment interest on the damages awarded;
20.
A judgment and order requiring that in the event a permanent injunction
preventing future acts of infringement is not granted, that Rockstar and MobileStar be
awarded a compulsory ongoing licensing fee; and
21.
Such other and further relief as the Court may deem just and proper.
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DATED: October 31, 2013.
Respectfully submitted,
MCKOOL SMITH, P.C.
/s/ Theodore Stevenson, III
Mike McKool, Jr.
Texas Bar No. 13732100
mmckool@mckoolsmith.com
Douglas A. Cawley
Texas Bar No. 0403550
dcawley@mckoolsmith.com
Theodore Stevenson, III
Lead Attorney
Texas State Bar No. 19196650
tstevenson@mckoolsmith.com
David Sochia
Texas State Bar No. 00797470
dsochia@mckoolsmith.com
MCKOOL SMITH P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: (214) 978-4000
Facsimile: (214) 978-4044
ATTORNEYS FOR PLAINTIFFS
ROCKSTAR CONSORTIUM US,
LP AND MOBILESTAR
TECHNOLOGIES LLC
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