Wilan, Inc. v. Apple Inc.

Filing 1

COMPLAINT with Jury Demand against Apple Inc. ( Filing fee $ 400 receipt number 0974-7143914.), filed by Wilan, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)The new case number is 3:14-cv-1507-BAS-DHB. Judge Cynthia Bashant and Magistrate Judge David H. Bartick are assigned to the case. (Goddard, Allison)(dlg) (av1).

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Allison H. Goddard (211098)
[e-mail]
PATTERSON LAW GROUP
402 West Broadway, 29th Floor
San Diego, CA 92101
[phone]
[phone] (facsimile)
Larry M. Hadley (157728)
[e-mail]
MCKOOL SMITH HENNIGAN, P.C.
865 South Figueroa Street Suite 2900
Los Angeles, CA 90017
[phone]
[phone] (facsimile)
Attorneys for Plaintiff,
WiLAN, Inc.

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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WILAN, INC.,
Plaintiff,

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vs.
APPLE INC.,
Defendant.

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'14CV1507 BAS DHB
Case No. ____________________

COMPLAINT FOR PATENT
INFRINGEMENT
DEMAND FOR JURY TRIAL

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Plaintiff WiLAN, Inc. files this complaint against Defendant Apple Inc. and

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makes the following statements with personal knowledge as to its own actions and

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upon information and belief as to other matters:

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COMPLAINT FOR PATENT INFRINGEMENT

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CASE NO. _____________________

PARTIES

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A.

WiLAN

1.

Plaintiff WiLAN, Inc. is a corporation organized and existing under the

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laws of Canada with its principal place of business at 303 Terry Fox Drive, Ottawa,

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ON Canada. Plaintiff WiLAN, Inc. is referred to herein as “WiLAN.”

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2.

WiLAN’s wholly-owned subsidiary, Cygnus Broadband, Inc. (“Cygnus

Broadband”) has its principal place of business at 15090 Ave of Science, San Diego,
California.
3.

Cygnus Broadband is a company dedicated to developing advanced 4G

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technologies and products for WiLAN and others in the wireless industry that enhance

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the capacity, quality of user experience, and connectivity of 4G (and next generation

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5G) mobile devices and networks.
4.

The 4G patents asserted in this action, which are assigned to WiLAN (to

hold for the benefit of all WiLAN companies and licensees), were developed by

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WiLAN’s own Ken Stanwood, the CEO of Cygnus Broadband, and his team.
5.

Mr. Stanwood has played a leadership role in the development of 4G

technologies and standards for more than a decade, starting with the industry’s first

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major 4G cellular initiative, referred to as WiMAX. He served as Vice Chair of the
IEEE 802.16 standards committee for WiMAX from 2003-2006 and as principal
author of the original IEEE 802.16 standard for 4G cellular networks and mobile

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devices.
COMPLAINT FOR PATENT INFRINGEMENT
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CASE NO. _____________________

6.

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authoring a popular textbook on the subject, and has been awarded 87 U.S. patents,
with more than 100 patent applications currently pending before the United States
Patent Office and worldwide, many of which relate to 4G technologies.

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Mr. Stanwood has written extensively on 4G technologies, including co-

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Like Ken Stanwood, WiLAN’s founders, Michel Fattouche and Hatim

Zaghloul, are widely recognized and acknowledged as wireless industry pioneers.
Their technologies, patents and writings have been cited in patents and publications
written by thousands of engineers and scientists in the wireless industry.

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8.

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WiLAN’s founders sought to achieve−and did achieve−for wireless data

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what Qualcomm’s founders did for cellular “voice” communication. Qualcomm’s

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founders developed key CDMA technologies that became the foundational air

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interface for 2G and 3G cellular networks and mobile devices.
9.

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Just as importantly, WiLAN’s founders developed key cellular “data”

technologies, including the W-OFDM air interface, to enable data to be exchanged at

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desktop speeds over a wireless channel, such as in Wi-Fi networks, or from mobile

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devices in 4G cellular networks. WiLAN’s technologies have made Wi-Fi and 4G in

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mobile devices possible.1

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See, e.g., Ergen, Mustafa, Mobile Broadband: Including WiMAX and LTE, John
Wiley & Sons, 2009 at p. 110, Section 4.1 “Principles of OFDM: Introduction”
(recognizing one of WiLAN’s first patents, U.S. Patent No. 5,282,222, to W-OFDM
as a major milestone in the development of Wi-Fi and 4G technologies, turning a
single lane wireless communication channel into a multi-lane super highway, and
enabling mobile devices to transmit and receive data at desktop speeds).
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CASE NO. _____________________

10.

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The WiLAN success story is featured in major publications worldwide,

including in such publications as Scientific American2 and Time Magazine,3 and in
many others. WiLAN and its founders have also been the subject of numerous

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industry awards for their wireless innovations, and for their contribution to the growth

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in wireless data capability present in today’s smartphones, tablets, and other mobile

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devices.
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One of WiLAN’s co-founders is featured in one of Canada’s leading

business publications as among the Top 100 Canadians of the 20th century for
WiLAN’s wireless innovations.4 And WiLAN’s original wireless designs and first

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wireless mobile device have been displayed in the Canadian equivalent of the

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Smithsonian Institution.

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The Future of Wireless, Scientific American, October 2000 at p. 57 (“To date,
wireless multiplexing hasn’t been exploited for cellular systems…. That may change
soon…. WiLAN holds a number of key patents for multiplexing technology known
as wideband orthogonal frequency division multiplexing, or W-OFDM”).

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WiLAN Shows How to be Successful-and Canadian-in the Global Economy, Time
Magazine, April 3, 2000.

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Great Canadians, Maclean’s, July 1, 2000 (“Riding the wave of invention ...
WiLAN is one of those next generation companies. Its technology may well become
the base for what some call the coming wireless revolution: the ability to e-mail, surf
the Net, adjust the lights in your home and order theater tickets from a cellphone or
hand-held computer.”)

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CASE NO. _____________________

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12.

Enabling high-speed wireless data capability in mobile devices was no

small task–it posed incredible challenges–something we take for granted today with
desktop speeds now standard in 4G mobile devices.
13.

Over the years, WiLAN, Cygnus Broadband, and their predecessors have

invested hundreds of millions of dollars in developing, making and selling many of
the world’s first fixed and mobile devices capable of transmitting and receiving
wireless data at desktop speeds.
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WiLAN’s 4G products include, among others, the I.WILL, BWS 300,

LIBRA 3000, LIBRA 5800, LIBRA MX, and the LIBRA Mobilis.
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WiLAN was the first company in the world to build Wi-Fi and 4G data

speeds into mobile devices, with speeds reaching up to 100 megabits per second
(Mbps), and it did so a decade before 4G would become the standard in the wireless
industry that it is today.
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WiLAN is a company ahead of its time, and through the courage,

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perseverance, and tireless efforts of its co-founders (immigrants of modest means
when they started WiLAN), the wireless industry that exists today was born,
connecting people across the globe like never before.

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A number of WiLAN’s advanced 4G technologies have their origin in

work started by WiLAN’s Ken Stanwood and his team while at Ensemble
Communications (“Ensemble”), another San Diego company that Mr. Stanwood

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CASE NO. _____________________

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helped grow (then, as Ensemble’s Chief Technology Officer) to over 200 engineers,

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scientists, and support personnel.

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The advanced 4G technologies developed by Mr. Stanwood and his team

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were employed in the network stacks utilizing the 4G WiMAX cellular standard, and

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were subsequently adopted for use in the network stacks utilizing the 4G LTE

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cellular standard used in today’s 4G mobile devices.
19.

These advanced 4G technologies, developed by Ken Stanwood and his

team, include:

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(i)

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the bandwidth-on-demand and periodic bandwidth services built

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into 4G mobile devices to enable apps installed on such devices to have exactly the

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bandwidth they need, when they need it, in real-time;

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(ii)

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the multi-tasking and app management technologies in 4G mobile

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devices that enable such devices to run multiple apps simultaneously, including

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foreground and background apps, without degrading the user experience; and

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(iii)

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the adaptive modulation capabilities in 4G mobile devices that

allow such devices to operate in all kinds of variable wireless conditions due to
interference, noise, and user mobility.

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20.

The efforts of Mr. Stanwood and his team in developing these advanced

4G technologies have enabled 4G mobile devices to support a variety of services
popular among users of Apple 4G LTE mobiles devices, such as voice, conversational

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video, live streaming of video and music, real-time gaming, video and photo sharing,

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email, and instant messaging, all in the palm of your hand (“4G Network Services”).

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B.

Apple

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Defendant Apple Inc. (“Apple” or “Defendant”), is a corporation

organized and existing under the laws of the State of California, with its principal
place of business at 1 Infinite Loop, Cupertino, California.
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WiLAN’s advanced 4G technologies that are the subject of the patents

asserted in this action enable Apple’s 4G LTE smartphones, tablets, and other 4G LTE
mobile devices to provide Apple users with the 4G Network Services that have made
Apple’s products so popular, and to operate with desktop speeds anywhere, anytime.
23.

WiLAN’s wireless technologies and patents, including its advanced 4G

technologies, have been licensed by nearly all companies in the wireless industry,

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comprising more than 130 companies. Apple is the only major company that has not

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respected WiLAN’s intellectual property and its contribution to the growth and

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success of the wireless industry.
24.

Apple’s infringement gives Apple an unfair advantage over its

competitors, all of whom have chosen to do the right thing and license their use of

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WiLAN’s wireless technologies and patents.
25.

All of Apple’s major competitors in the mobile device industry, including

Samsung, HTC, LG, Nokia, RIM, and Motorola have licensed WiLAN’s wireless

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technologies and patents. To encourage licensing of WiLAN’s technologies and
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patents in mobile devices and growth of the wireless industry, WiLAN has set its

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licensing rates at a fraction of the rates that Apple charges companies for use of

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Apple’s technologies and patents.
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WiLAN has made numerous efforts to license the unauthorized use of its

wireless technologies and patents by Apple, but Apple has consistently refused to take
a license, choosing to use WiLAN’s 4G technologies without paying anything for that
right.
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Apple has willfully chosen to not respect the intellectual property of

WiLAN, including the five 4G patents asserted in this action directed to WiLAN’s

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advanced 4G technologies, and it does so despite understanding the importance of

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intellectual property and insisting that other companies respect Apple’s own

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intellectual property.
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Indeed, Apple has vigorously pursued litigations and patent enforcement

proceedings against anyone it believes is using Apple’s patented technology without a

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license. For example, from 2011 through 2014 Apple prosecuted massive and wellpublicized litigations against Samsung for various Apple patents, and Apple was
awarded hundreds of millions of dollars in damages for five of its user interface

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patents on inventions as simple as the “bounce-back” feature of its touch screen
iPhones and the curved shape of the corners of the icons used in its displays.
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In its patent litigations against Samsung, Apple asked Samsung for as

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much as $40 per mobile device for use of its five interface patents–elements that may
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subtly differentiate Apple’s products from its competitors but that do not touch on the

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fundamental wireless data communication technologies, including WiLAN’s Wi-Fi

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and 4G technologies and patents, that underlie and make possible all of the core
functions of Apple’s mobile devices that have made them so desirable to consumers.

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30.

WiLAN is not the only company that has had to deal with Apple’s

disrespect for the intellectual property rights of others. Many well-known and well-

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respected companies in the wireless industry, including Samsung, Nokia, Motorola

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Mobility, HTC, Eastman Kodak, and Pitney-Bowes have had to sue Apple for alleged

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infringement of their patented technologies and use of their patented technologies
without paying for that right.

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Notably, when Apple’s co-founder Steve Jobs discussed Apple’s

success in a PBS documentary entitled “Triumph of the Nerds,” he said, “We have
always been shameless about stealing great ideas.”

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32.

In early meetings between WiLAN and Apple, years before Apple would

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introduce its 4G LTE mobile devices, WiLAN presented Apple with a detailed
blueprint of WiLAN’s wireless technologies and how they would enable Apple’s
computers and mobile devices to provide 4G Network Services, such as streaming

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movies and videos, sharing pictures, surfing the internet, and chatting online with
friends.5

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See The Future of Wireless Data Communications, Network Living, WiLAN 1999
Annual Report at 9-33 (“This is no longer a remote possibility-the technology needed

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33.

Apple arrogantly dismissed WiLAN’s wireless technologies and vision at

the time, believing that if it was not invented by Apple it was not possible.
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Yet today, after WiLAN has proven the promise of its wireless

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technologies to the world, Apple is riding the wave in growth of the wireless industry,

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in particular with its 4G LTE smartphones, tablets, and other 4G LTE mobile devices

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that use WiLAN’s great ideas, including WiLAN’s advanced 4G capabilities, and
Apple is making billions of dollars in profits doing so.
35.

Before initiating litigation, WiLAN made substantial efforts for more

than a year to license Apple’s use of WiLAN’s advanced 4G technologies and patents

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in its 4G LTE mobile devices, expecting that Apple would proceed in good faith,

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which it has not done.

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36.

Most recently, in a written communication to Apple on June 16, 2014,

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WiLAN requested a meeting with Apple to resolve this matter and WiLAN provided

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significant details concerning the relevance of the five 4G patents asserted herein to

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Apple’s 4G LTE mobile devices.
37.

Three days later, on June 19, 2014, rather than provide dates for a

meeting, Apple initiated litigation against WiLAN in the Northern District of

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California involving the five 4G patents asserted in this action in a clear attempt at
gamesmanship to remove this matter from this Court, which is presently handling a
to make this reality is available… where we all live with the ease of wireless
communication in our every day tasks; anytime, anywhere, to anyone. And its WOFDM technology that will fuel this new way of life.”)
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related dispute between the parties involving overlapping 4G patents and technologies

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and the same Apple 4G LTE products.

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38.

Apple’s actions have forced WiLAN’s hand, leaving it with no choice but

to protect its intellectual property through litigation.
NATURE OF THE ACTION
39.

This is an action for patent infringement arising under the Patent Laws of

the United States, including 35 U.S.C. § 271.
40.

Apple has committed acts of patent infringement within this district.

Apple, directly or through intermediaries, imports, manufactures, uses, sells, and/or

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offers to sell infringing products within this district.

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voluntarily places infringing products into the stream of commerce with the

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Apple also purposely and

expectation that they will be purchased by consumers in this district.

Apple

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reasonably should have anticipated being subject to suit in this district. Apple’s acts

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of patent infringement are aimed at this district and/or have effect in this district.

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41.

This is a civil action in which WiLAN seeks damages and other relief

against Apple for acts of patent infringement in violation of the Patent Laws of the
United States, 35 U.S.C. §§ 271 et seq.

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JURISDICTION AND VENUE

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42.

This Court has subject matter jurisdiction of the federal question claims

raised in this Complaint pursuant to 28 U.S.C. §§ 1331 and 1338(a).

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43.

Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b),

in that the acts and transactions complained of herein were conceived, carried out,
made effective, or had effect within the State of California and within this district,

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among other places. Apple conducts business activities in this district, including

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regularly doing or soliciting business, engaging in conduct and/or deriving substantial

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revenue from goods and services provided to consumers in the State of California and
in this district.
44.

The Court has personal jurisdiction over Apple. Apple: (a) has operated,

conducted, engaged in, and/or carried on a business or business venture in California

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and this district; (b) has at least an office or agent in California and this district; (c)

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has committed one or more tortious acts within California and this district; and (d) has

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been and is engaged in substantial and not isolated activity within California and this
district.
45.

Apple has been registered to do business in the State of California since

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1977 and currently has a registered agent in the State of California.

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DEFENDANT’S PRODUCTS
46.

Apple directly or indirectly through subsidiaries or affiliated companies

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markets, distributes, manufactures, imports, sells, and/or offers for sale wireless
communication products, such as products compliant with the 3rd Generation
Partnership Project (“3GPP”) 4G LTE standard, including but not limited to the

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iPhone 5, iPhone 5S, iPhone 5C, iPad (3rd Generation), iPad with Retina display (WiCOMPLAINT FOR PATENT INFRINGEMENT
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Fi + 4G Cellular), iPad mini (Wi-Fi + 4G Cellular), iPad mini with Retina display

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(Wi-Fi + 4G Cellular), and the iPad Air (Wi-Fi +4G Cellular), in the United States and

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in this district. Apple’s products support at least Release 8, et seq. of the 4G LTE

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standard.

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47.

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Upon information and belief, Apple’s products also include software and

associated hardware that prioritize the transmission of data generated by various
applications that run on these Apple products, and in doing such prioritization utilize
the claimed inventions of the patents asserted in this action.

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COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,457,145

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48.

The allegations of all foregoing paragraphs are re-alleged as if fully set

forth herein.
49.

On June 4, 2013, the United States Patent and Trademark Office

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(“USPTO”) duly and legally issued U.S. Patent No. 8,457,145 (the “’145 patent”),

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entitled “Method and apparatus for bandwidth request/grant protocols in a wireless

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communication system” after a full and fair examination.
50.

The ’145 patent relates to, among other things, multitasking and

management of apps using periodic bandwidth requests.

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51.

WiLAN, Inc. is the sole owner of the ’145 patent. A true and correct

copy of the ’145 patent is attached hereto as Exhibit A.
52.

Apple has been and is now infringing, literally and/or under the doctrine

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of equivalents, the ’145 patent in this district and elsewhere by making, using, offering
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for sale, importing, and/or selling, without authority from WiLAN, products that fall

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within the scope of one or more of the claims of the ’145 patent.

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53.

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Apple had actual notice of the ’145 patent and that its actions constitute

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direct and indirect infringement of the ’145 patent. The most recent written

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communication to Apple providing notice of its infringement is dated June 16, 2014.

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54.

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Apple has been and is now indirectly infringing at least one claim of the

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’145 patent in accordance with 35 U.S.C. § 271(b) in this district and elsewhere in the

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United States. More specifically, Apple has been and is now actively inducing direct

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infringement by other persons – i.e. Apple’s customers who use, sell or offer for sale

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products that embody and/or otherwise practice one or more claims of the ’145 patent.

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Apple had knowledge of the ’145 patent, and that its actions resulted in a direct

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infringement of the ’145 patent, prior to the filing of this complaint, and knew or was

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willfully blind that its actions would induce direct infringement by others and

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intended that its actions would induce direct infringement by others.

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55.

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Apple actively induces such infringement by, among other things,

providing user manuals and other instruction material for Apple’s devices that induce
Apple’s customers to use Apple’s devices in their normal and customary way to
infringe the ’145 patent.6 Through its manufacture and sales of its devices, Apple

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See, e.g., Apple’s website for the iPhone, https://www.apple.com/iphone/compare/
(instructing use on 4G LTE networks); iPhone User Guide For iOS 7.1 Software,
http://manuals.info.apple.com/MANUALS/1000/MA1565/en_US/iphone_user_guide.
pdf (instructing use on 4G LTE networks); iPhone User Guide For iOS 6.1 Software,
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specifically intended its customers to infringe the ’145 patent. Further, Apple was

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aware that these normal and customary activities would infringe the ’145 patent.

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Apple performed the acts that constitute induced infringement, and that would induce

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actual infringement, with knowledge of the ’145 patent and with the knowledge or

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willful blindness that the induced acts would constitute direct infringement.

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56.

Accordingly, a reasonable inference is that Apple specifically intends for

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others, such as its customers, to directly infringe one or more claims of the ’145 patent

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in the United States because Apple has knowledge of the ’145 patent and Apple

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actively induces others (i.e. its customers) to directly infringe the ’145 patent by using,
selling, or offering to sell Apple’s devices.
57.

Apple has been and is now indirectly infringing at least one claim of the

’145 patent in accordance with 35 U.S.C. § 271(c) in this district and elsewhere in the

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United States. More specifically, Apple has been and is now providing non-staple

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articles of commerce to others for use in an infringing system or method with

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knowledge of the ’145 patent, and with knowledge that the use of its products resulted
in a direct infringement of the ’145 patent by its customers, and with knowledge that

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http://manuals.info.apple.com/MANUALS/1000/MA1658/en_US/iphone_ios6_user_g
uide.pdf (instructing use on 4G LTE networks); Apple’s website for the iPad,
https://www.apple.com/ipad/compare/ (instructing use on 4G LTE networks); iPad
User
Guide
For
iOS
7.1
Software,
http://manuals.info.apple.com/MANUALS/1000/MA1595/en_US/ipad_user_guide.pd
f (instructing use on 4G LTE networks); http://support.apple.com/kb/ht4211
(instructing use of multitasking).
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these non-staple articles of commerce are used as a material part of the claimed

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invention of the ’145 patent.

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58.

Apple’s devices compliant with 4G LTE include components comprising

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an application processor and a baseband processor specifically designed to support

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communication and transmission of data over 4G LTE-compliant networks. These

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components are mounted to a circuit board in Apple’s accused devices and, absent

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these components, Apple’s devices compliant with 4G LTE would not function in an

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acceptable manner to send or receive data over 4G LTE networks. A reasonable

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inference to be drawn from the facts set forth is that these components in Apple’s

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devices are especially made or especially adapted to operate in the accused Apple

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devices to provide wireless communication, including the transmission of data in

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accordance with the 4G LTE standard. Further, a reasonable inference to be drawn

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from the facts is that these components comprising an application processor and a

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baseband processor are intended to support communication of data over a 4G LTE

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network and are not staple articles or commodities of commerce, and that the use of
the components is required for operation of the Apple devices to send or receive data
over a 4G LTE-compliant network. Any other use would be unusual, far-fetched,

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illusory, occasional, aberrant, or experimental.
59.

The components comprising an application processor and a baseband

processor designed to support communication of data using 4G LTE in Apple’s

27
28

devices are each a material part of the invention of the ’145 patent and are especially
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-16-

CASE NO. _____________________

1

made for the infringing manufacture, sale, and use of Apple’s accused devices.

2

Apple’s devices, including those components, are especially made or adapted to

3
4

infringe the ’145 patent, and have no substantial non-infringing uses.

5

60.

The ’145 patent is valid and enforceable.

6

61.

By way of its infringing activities, Apple has caused and continues to

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

cause WiLAN to suffer damages, and WiLAN is entitled to recover from Apple
damages in an amount to be determined at trial.
COUNT II: INFRINGEMENT OF U.S. PATENT NO. 8,462,723
62.

The allegations of all foregoing paragraphs are re-alleged as if fully set

forth herein.
63.

On June 11, 2013, the USPTO duly and legally issued U.S. Patent No.

8,462,723 (the “’723 patent”), entitled “Methods and systems for transmission of
multiple modulated signals over wireless networks” after a full and fair examination.
64.

The ’723 patent relates to, among other things, multitasking and

19
20
21
22

management of apps using non-contention bandwidth-on-demand requests.
65.

WiLAN, Inc. is the sole owner of the ’723 patent. A true and correct

copy of the ’723 patent is attached hereto as Exhibit B.

23
24
25
26

66.

Apple has been and is now infringing, literally and/or under the doctrine

of equivalents, the ’723 patent in this district and elsewhere by making, using, offering
for sale, importing, and/or selling, without authority from WiLAN, products that fall

27
28

within the scope of one or more of the claims of the ’723 patent.
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-17-

CASE NO. _____________________

67.

1
2
3
4

direct and indirect infringement of the ’723 patent. The most recent written
communication to Apple providing notice of its infringement is dated June 16, 2014.
68.

5
6
7
8

Apple had actual notice of the ’723 patent and that its actions constitute

Apple has been and is now indirectly infringing at least one claim of the

’723 patent in accordance with 35 U.S.C. § 271(b) in this district and elsewhere in the
United States. More specifically, Apple has been and is now actively inducing direct

9

infringement by other persons – i.e. Apple’s customers who make, use, sell or offer

10

for sale products that embody and/or otherwise practice one or more claims of the

11
12

’723 patent. Apple had knowledge of the ’723 patent, and that its actions resulted in a

13

direct infringement of the ’723 patent, prior to the filing of this complaint, and knew

14

or was willfully blind that its actions would induce direct infringement by others and

15
16

intended that its actions would induce direct infringement by others.
69.

17
18

Apple actively induces such infringement by, among other things,

providing user manuals and other instruction material for Apple’s devices that induce

19
20
21

Apple’s customers to use Apple’s accused devices in their normal and customary way
to infringe the ’723 patent. 7 Through its manufacture and sales of its accused devices,

22
23
24
25
26
27
28

7

See, e.g., Apple’s website for the iPhone, https://www.apple.com/iphone/compare/
(instructing use on 4G LTE networks); iPhone User Guide For iOS 7.1 Software,
http://manuals.info.apple.com/MANUALS/1000/MA1565/en_US/iphone_user_guide.
pdf (instructing use on 4G LTE networks); iPhone User Guide For iOS 6.1 Software,
http://manuals.info.apple.com/MANUALS/1000/MA1658/en_US/iphone_ios6_user_g
uide.pdf (instructing use on 4G LTE networks); Apple’s website for the iPad,
https://www.apple.com/ipad/compare/ (instructing use on 4G LTE networks); iPad
User
Guide
For
iOS
7.1
Software,
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-18-

CASE NO. _____________________

1

Apple specifically intended its customers to infringe the ’723 patent. Further, Apple

2

was aware that these normal and customary activities would infringe the ’723 patent.

3
4

Apple performed the acts that constitute induced infringement, and would induce

5

actual infringement, with the knowledge of the ’723 patent and with the knowledge or

6

willful blindness that the induced acts would constitute direct infringement.

7
8

70.

Accordingly, a reasonable inference is that Apple specifically intends for

9

others, such as its customers, to directly infringe one or more claims of the ’723 patent

10

in the United States because Apple has knowledge of the ’723 patent and Apple

11
12
13
14
15
16

actively induces others (i.e. its customers) to directly infringe the ’723 patent by using,
selling, or offering to sell Apple’s devices.
71.

Apple has been and is now indirectly infringing at least one claim of the

’723 patent in accordance with 35 U.S.C. § 271(c) in this district and elsewhere in the

17

United States. More specifically, Apple has been and is now providing non-staple

18

articles of commerce to others for use in an infringing system or method with

19
20
21
22

knowledge of the ’723 patent, and with knowledge that the use of its accused products
results in a direct infringement of the ’723 patent by its customers, and with
knowledge that these non-staple articles of commerce are used as a material part of the

23
24

claimed invention of the ’723 patent.

25
26
27
28

http://manuals.info.apple.com/MANUALS/1000/MA1595/en_US/ipad_user_guide.pd
f (instructing use on 4G LTE networks); http://support.apple.com/kb/ht4211
(instructing use of multitasking).
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-19-

CASE NO. _____________________

72.

1
2
3
4

Apple’s accused devices include components comprising an application

processor and a baseband processor designed to support communication of data on 4G
LTE-compliant networks.

These components are mounted to a circuit board in

5

Apple’s accused devices and, absent these components, Apple’s accused devices

6

would not function in an acceptable manner to send or receive data over 4G LTE-

7
8

compliant networks. A reasonable inference to be drawn from the facts set forth is

9

that these components in Apple’s accused devices are especially made or especially

10

adapted to provide wireless communication, including the transmission of data, in 4G

11
12

LTE-compliant networks. Further, a reasonable inference to be drawn from the facts

13

is that these components are not staple articles or commodities of commerce, and that

14

the use of these components is required for operation of the Apple devices to send or

15
16
17

receive data in a 4G LTE-compliant network. Any other use would be unusual, farfetched, illusory, occasional, aberrant, or experimental.

18

73.

The components comprising the application processor and the baseband

19
20
21
22

processor in Apple’s accused devices are each a material part of the invention of the
’723 patent and are especially made for use in devices that infringe one or more
claims of the ’723 patent. Apple’s accused devices have no substantial non-infringing

23
24
25

uses.
74.

The ’723 patent is valid and enforceable.

26
27
28
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-20-

CASE NO. _____________________

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

75.

By way of its infringing activities, Apple has caused and continues to

cause WiLAN to suffer damages, and WiLAN is entitled to recover from Apple
damages in an amount to be determined at trial.
COUNT III: INFRINGEMENT OF U.S. PATENT NO. 8,537,757
76.

The allegations of all foregoing paragraphs are re-alleged as if fully set

forth herein.
77.

On June 11, 2013, the USPTO duly and legally issued U.S. Patent No.

8,537,757 (the “’757 patent”), entitled “Method and system for adaptively obtaining
bandwidth allocation requests” after a full and fair examination.
78.

The ’757 patent relates to, among other things, adaptive modulation for

variable condition wireless channels due to interference, noise, and mobility.
79.

WiLAN, Inc. is the sole owner of the ’757 patent. A true and correct

copy of the ’757 patent is attached hereto as Exhibit C.
80.

Apple has been and is now infringing, literally and/or under the doctrine

19
20
21
22

of equivalents, the ’757 patent in this district and elsewhere by making, using, offering
for sale, importing, and/or selling, without authority from WiLAN, products that fall
within the scope of one or more of the claims of the ’757 patent.

23
24
25
26

81.

Apple had actual notice of the ’757 patent and that its actions constitute

direct and indirect infringement of the ’757 patent.

The most recent written

communication to Apple providing notice of its infringement is dated June 16, 2014.

27
28
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-21-

CASE NO. _____________________

82.

1
2
3
4

Apple has been and is now indirectly infringing at least one claim of the

’757 patent in accordance with 35 U.S.C. § 271(b) in this district and elsewhere in the
United States. More specifically, Apple has been and is now actively inducing direct

5

infringement by other persons – i.e. Apple’s customers who use, sell or offer for sale

6

products that embody and/or otherwise practice one or more claims of the ’757 patent.

7
8

Apple had knowledge of the ’757 patent by others, and that its actions resulted in a

9

direct infringement of the ’757 patent, prior to the filing of this complaint, and knew

10

or was willfully blind that its actions would induce direct infringement by others and

11
12

intended that its actions would induce direct infringement by others.
83.

13
14
15
16

Apple actively induces such infringement by, among other things,

providing user manuals and other instruction material for Apple’s devices that induce
Apple’s customers to use Apple’s devices in their normal and customary way to

17

infringe the ’757 patent. 8 Through its manufacture and sales of its devices, Apple

18

specifically intended its customers to infringe the ’757 patent. Further, Apple was

19
20
21
22
23
24
25
26
27
28

aware that these normal and customary activities when undertaken by its customer
8

See, e.g., Apple’s website for the iPhone, https://www.apple.com/iphone/compare/
(instructing use on 4G LTE networks); iPhone User Guide For iOS 7.1 Software,
http://manuals.info.apple.com/MANUALS/1000/MA1565/en_US/iphone_user_guide.
pdf (instructing use on 4G LTE networks); iPhone User Guide For iOS 6.1 Software,
http://manuals.info.apple.com/MANUALS/1000/MA1658/en_US/iphone_ios6_user_g
uide.pdf (instructing use on 4G LTE networks); Apple’s website for the iPad,
https://www.apple.com/ipad/compare/ (instructing use on 4G LTE networks); iPad
User
Guide
For
iOS
7.1
Software,
http://manuals.info.apple.com/MANUALS/1000/MA1595/en_US/ipad_user_guide.pd
f (instructing use on 4G LTE networks); http://support.apple.com/kb/ht4211
(instructing use of multitasking).
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-22-

CASE NO. _____________________

1

would result in a direct infringement of the ’757 patent. Apple performed the acts that

2

constitute induced infringement, and that would induce actual infringement, with the

3
4
5
6
7
8

knowledge of the ’757 patent and with the knowledge or willful blindness that the
induced acts would constitute direct infringement.
84.

Accordingly, a reasonable inference is that Apple specifically intends for

others, such as its customers, to directly infringe one or more claims of the ’757 patent

9

in the United States because Apple has knowledge of the ’757 patent and Apple

10

actively induces others (i.e. its customers) to directly infringe the ’757 patent by using,

11
12
13
14
15
16

selling, or offering to sell Apple’s devices.
85.

Apple has been and is now indirectly infringing at least one claim of the

’757 patent in accordance with 35 U.S.C. § 271(c) in this district and elsewhere in the
United States. More specifically, Apple has been and is now providing non-staple

17

articles of commerce to others for use in an infringing system or method with

18

knowledge of the ’757 patent, and with knowledge that the use of its products results

19
20
21
22

in a direct infringement of the ’757 patent by its customers, and with knowledge that
these non-staple articles of commerce are used as a material part of the claimed
invention of the ’757 patent.

23
24
25
26

86.

Apple’s devices include components comprising an application processor

and a baseband processor designed to support communication of data in an LTEcompliant network. These components are mounted to a circuit board in Apple’s

27
28

accused devices and, absent these components, Apple’s accused devices would not
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-23-

CASE NO. _____________________

1

function in an acceptable manner to send or receive data in a 4G LTE-compliant

2

network. A reasonable inference to be drawn from the facts set forth is that these

3
4

components in Apple’s accused devices are especially made or especially adapted to

5

operate in a manner that results in a direct infringement of the ’757 patent. Further, a

6

reasonable inference to be drawn from the facts is that the components are not a staple

7
8

articles or commodities of commerce and that the use of the components is required

9

for the accused Apple devices to send or receive data in a 4G LTE-compliant network.

10

Any other use would be unusual, far-fetched, illusory, occasional, aberrant, or

11
12
13
14
15
16
17
18

experimental.
87.

The components comprising an application processor and a baseband

processor in Apple’s accused devices are each a material part of the invention of the
’757 patent and are especially made or adapted to infringe the ’757 patent. Apple’s
accused devices products have no substantial uses that do not infringe the ’757 patent.
88.

The ’757 patent is valid and enforceable.

89.

By way of its infringing activities, Apple has caused and continues to

19
20
21
22

cause WiLAN to suffer damages, and WiLAN is entitled to recover from Apple
damages in an amount to be determined at trial.

23
24
25
26

COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 8,615,020
90.

The allegations of all foregoing paragraphs are re-alleged as if fully set

forth herein.

27
28
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-24-

CASE NO. _____________________

1
2
3
4
5
6
7
8
9
10
11
12

91.

On December 24, 2013, the USPTO duly and legally issued U.S. Patent

No. 8,615,020 (the “’020 patent”), entitled “Method and System for Adaptively
Obtaining Bandwidth Allocation Requests” after a full and fair examination.
92.

The ’020 patent relates to, among other things, multitasking and

management of apps using non-contention bandwidth-on-demand requests.
93.

WiLAN, Inc. is the sole owner of the ’020 patent. A true and correct

copy of the ’020 patent is attached hereto as Exhibit D.
94.

Apple has been and is now infringing, literally and/or under the doctrine

of equivalents, the ’020 patent in this district and elsewhere by making, using, offering

13

for sale, importing, and/or selling, without authority from WiLAN, products that fall

14

within the scope of one or more of the claims of the ’020 patent.

15
16

95.

Apple had actual notice of the ’020 patent and that its actions constitute

17

direct and indirect infringement of the ’020 patent. The most recent written

18

communication to Apple providing notice of its infringement is dated June 16, 2014.

19
20
21
22

96.

Apple has been and is now indirectly infringing at least one claim of the

’020 patent in accordance with 35 U.S.C. § 271(b) in this district and elsewhere in the
United States. More specifically, Apple has been and is now actively inducing direct

23
24
25
26

infringement by other persons – i.e. Apple’s customers who use, sell or offer for sale
products that embody and/or otherwise practice one or more claims of the ’020 patent.
Apple had knowledge of the ’020 patent by others, and that its actions resulted in a

27
28

direct infringement of the ’020 patent, prior to the filing of this complaint, and knew
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-25-

CASE NO. _____________________

1

or was willfully blind that its actions would induce direct infringement by others and

2

intended that its actions would induce direct infringement by others.

3

97.

4

Apple actively induces such infringement by, among other things,

5

providing user manuals and other instruction material for Apple’s devices that induce

6

Apple’s customers to use Apple’s devices in their normal and customary way to

7
8

infringe the ’020 patent. 9 Through its manufacture and sales of its devices, Apple

9

specifically intended its customers to infringe the ’020 patent. Further, Apple was

10

aware that these normal and customary activities when undertaken by its customer

11
12

would result in a direct infringement of the ’020 patent. Apple performed the acts that

13

constitute induced infringement, and that would induce actual infringement, with the

14

knowledge of the ’020 patent and with the knowledge or willful blindness that the

15
16

induced acts would constitute direct infringement.
98.

17
18

Accordingly, a reasonable inference is that Apple specifically intends for

others, such as its customers, to directly infringe one or more claims of the ’020 patent

19
20
21
22
23
24
25
26
27
28

in the United States because Apple has knowledge of the ’020 patent and Apple
9

See, e.g., Apple’s website for the iPhone, https://www.apple.com/iphone/compare/
(instructing use on 4G LTE networks); iPhone User Guide For iOS 7.1 Software,
http://manuals.info.apple.com/MANUALS/1000/MA1565/en_US/iphone_user_guide.
pdf (instructing use on 4G LTE networks); iPhone User Guide For iOS 6.1 Software,
http://manuals.info.apple.com/MANUALS/1000/MA1658/en_US/iphone_ios6_user_g
uide.pdf (instructing use on 4G LTE networks); Apple’s website for the iPad,
https://www.apple.com/ipad/compare/ (instructing use on 4G LTE networks); iPad
User
Guide
For
iOS
7.1
Software,
http://manuals.info.apple.com/MANUALS/1000/MA1595/en_US/ipad_user_guide.pd
f (instructing use on 4G LTE networks); http://support.apple.com/kb/ht4211
(instructing use of multitasking).
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-26-

CASE NO. _____________________

1

actively induces others (i.e. its customers) to directly infringe the ’020 patent by using,

2

selling, or offering to sell Apple’s devices.

3
4

99.

Apple has been and is now indirectly infringing at least one claim of the

5

’020 patent in accordance with 35 U.S.C. § 271(c) in this district and elsewhere in the

6

United States. More specifically, Apple has been and is now providing non-staple

7
8

articles of commerce to others for use in an infringing system or method with

9

knowledge of the ’020 patent, and with knowledge that the use of its products results

10

in a direct infringement of the ’020 patent by its customers, and with knowledge that

11
12
13
14
15
16

these non-staple articles of commerce are used as a material part of the claimed
invention of the ’020 patent.
100. Apple’s devices include components comprising an application processor
and a baseband processor designed to support communication of data in a 4G LTE-

17

compliant network. These components are mounted to a circuit board in Apple’s

18

accused devices and, absent these components, Apple’s accused devices would not

19
20
21
22

function in an acceptable manner to send or receive data in a 4G LTE-compliant
network. A reasonable inference to be drawn from the facts set forth is that these
components in Apple’s accused devices are especially made or especially adapted to

23
24
25
26

operate in a manner that results in a direct infringement of the ’020 patent. Further, a
reasonable inference to be drawn from the facts is that the components are not a staple
articles or commodities of commerce and that the use of the components is required

27
28

for the accused Apple devices to send or receive data in a 4G LTE-compliant network.
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-27-

CASE NO. _____________________

1

Any other use would be unusual, far-fetched, illusory, occasional, aberrant, or

2

experimental.

3
4

101. The components comprising an application processor and a baseband

5

processor in Apple’s accused devices are each a material part of the invention of the

6

’020 patent and are especially made or adapted to infringe the ’020 patent. Apple’s

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

accused devices products have no substantial uses that do not infringe the ’020 patent.
102. The ’020 patent is valid and enforceable.
103. By way of its infringing activities, Apple has caused and continues to
cause WiLAN to suffer damages, and WiLAN is entitled to recover from Apple
damages in an amount to be determined at trial.
COUNT V: INFRINGEMENT OF U.S. PATENT NO. 8,462,761
104. The allegations of all foregoing paragraphs are re-alleged as if fully set
forth herein.
105. On June 11, 2013, the USPTO duly and legally issued U.S. Patent No.

19
20
21
22

8,462,761 (the “’761 patent”), entitled “Method and system for adaptively obtaining
bandwidth allocation requests” after a full and fair examination.
106. The ’761 patent relates to, among other things, multitasking and

23
24
25
26

management of apps using non-contention bandwidth-on-demand requests or periodic
bandwidth requests.
107. WiLAN, Inc. is the sole owner of the ’761 patent. A true and correct

27
28

copy of the ’761 patent is attached hereto as Exhibit D.
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-28-

CASE NO. _____________________

1

108. Apple has been and is now infringing, literally and/or under the doctrine

2

of equivalents, the ’761 patent in this district and elsewhere by making, using, offering

3
4
5
6
7
8
9
10
11
12

for sale, importing, and/or selling, without authority from WiLAN, products that fall
within the scope of one or more of the claims of the ’761 patent.
109. Apple had actual notice of the ’761 patent and that its actions constitute
direct and indirect infringement of the ’761 patent. The most recent written
communication to Apple providing notice of its infringement is dated June 16, 2014.
110. Apple has been and is now indirectly infringing at least one claim of the
’761 patent in accordance with 35 U.S.C. § 271(b) in this district and elsewhere in the

13

United States. More specifically, Apple has been and is now actively inducing direct

14

infringement by other persons – i.e. Apple’s customers who use, sell or offer for sale

15
16

products that embody and/or otherwise practice one or more claims of the ’761 patent.

17

Apple had knowledge of the ’761 patent by others, and that its actions resulted in a

18

direct infringement of the ’761 patent, prior to the filing of this complaint, and knew

19
20
21
22

or was willfully blind that its actions would induce direct infringement by others and
intended that its actions would induce direct infringement by others.
111. Apple actively induces such infringement by, among other things,

23
24
25

providing user manuals and other instruction material for Apple’s devices that induce
Apple’s customers to use Apple’s devices in their normal and customary way to

26
27
28
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-29-

CASE NO. _____________________

1

infringe the ’761 patent. 10 Through its manufacture and sales of its devices, Apple

2

specifically intended its customers to infringe the ’761 patent. Further, Apple was

3
4

aware that these normal and customary activities when undertaken by its customer

5

would result in a direct infringement of the ’761 patent. Apple performed the acts that

6

constitute induced infringement, and that would induce actual infringement, with the

7
8
9

knowledge of the ’761 patent and with the knowledge or willful blindness that the
induced acts would constitute direct infringement.

10
11
12

112. Accordingly, a reasonable inference is that Apple specifically intends for
others, such as its customers, to directly infringe one or more claims of the ’761 patent

13

in the United States because Apple has knowledge of the ’761 patent and Apple

14

actively induces others (i.e. its customers) to directly infringe the ’761 patent by using,

15
16

selling, or offering to sell Apple’s devices.

17

113. Apple has been and is now indirectly infringing at least one claim of the

18

’761 patent in accordance with 35 U.S.C. § 271(c) in this district and elsewhere in the

19
20
21
22
23
24
25
26
27
28

United States. More specifically, Apple has been and is now providing non-staple
10

See, e.g., Apple’s website for the iPhone, https://www.apple.com/iphone/compare/
(instructing use on 4G LTE networks); iPhone User Guide For iOS 7.1 Software,
http://manuals.info.apple.com/MANUALS/1000/MA1565/en_US/iphone_user_guide.
pdf (instructing use on 4G LTE networks); iPhone User Guide For iOS 6.1 Software,
http://manuals.info.apple.com/MANUALS/1000/MA1658/en_US/iphone_ios6_user_g
uide.pdf (instructing use on 4G LTE networks); Apple’s website for the iPad,
https://www.apple.com/ipad/compare/ (instructing use on 4G LTE networks); iPad
User
Guide
For
iOS
7.1
Software,
http://manuals.info.apple.com/MANUALS/1000/MA1595/en_US/ipad_user_guide.pd
f (instructing use on 4G LTE networks); http://support.apple.com/kb/ht4211
(instructing use of multitasking).
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

-30-

CASE NO. _____________________

1

articles of commerce to others for use in an infringing system or method with

2

knowledge of the ’761 patent, and with knowledge that the use of its products results

3
4

in a direct infringement of the ’761 patent by its customers, and with knowledge that

5

these non-staple articles of commerce are used as a material part of the claimed

6

invention of the ’761 patent.

7
8

114. Apple’s devices include components comprising an application processor

9

and a baseband processor designed to support communication of data in a 4G LTE-

10

compliant network. These components are mounted to a circuit board in Apple’s

11
12

accused devices and, absent these components, Apple’s accused devices would not

13

function in an acceptable manner to send or receive data in a 4G LTE-compliant

14

network. A reasonable inference to be drawn from the facts set forth is that these

15
16

components in Apple’s accused devices are especially made or especially adapted to

17

operate in a manner that results in a direct infringement of the ’761 patent. Further, a

18

reasonable inference to be drawn from the facts is that the components are not a staple

19
20
21
22

articles or commodities of commerce and that the use of the components is required
for the accused Apple devices to send or receive data in a 4G LTE-compliant network.
Any other use would be unusual, far-fetched, illusory, occasional, aberrant, or

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experimental.
115. The components comprising an application processor and a baseband
processor in Apple’s accused devices are each a material part of the invention of the

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COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

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CASE NO. _____________________

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’761 patent and are especially made or adapted to infringe the ’761 patent. Apple’s

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accused devices products have no substantial uses that do not infringe the ’761 patent.

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116. The ’761 patent is valid and enforceable.

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117. By way of its infringing activities, Apple has caused and continues to

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cause WiLAN to suffer damages, and WiLAN is entitled to recover from Apple

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damages in an amount to be determined at trial.
WILLFUL INFRINGEMENT

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118. The allegations of all foregoing paragraphs are re-alleged as fully set
forth herein.

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119. Before initiating litigation, WiLAN made substantial efforts to license

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Apple’s use of WiLAN’s advanced 4G technologies and patents used in Apple’s 4G

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LTE mobile devices, expecting that Apple would proceed in good faith.
120. On June 16, 2014, WiLAN expressly provided notice to Apple that it
infringes the five 4G patents-in-suit.

WiLAN provided detailed information

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concerning the pioneering nature of Ken Stanwood’s inventions that are claimed in the
patents-in-suit, and explained that these fundamental inventions, which are
implemented in products compliant with the 4G LTE standard, enable advanced

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features of Apple’s 4G LTE mobile products.
121. On June 17, 2014, Apple responded to WiLAN’s notice communication,
admitting that it had not studied the patents-in-suit.

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122. Two days later, instead of following through on its commitment to meet

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in order to negotiate a license, Apple filed suit against WiLAN. Given that the

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inventions claimed in the five 4G patents-in-suit are fundamental to implementation of

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products compliant with the 4G LTE standard, an objectively defined risk exists that

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Apple infringes the patents-in-suit. Furthermore, upon information and belief, prior to

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initiating suit against WiLAN, Apple did not conduct a reasonable investigation to
ascertain whether it infringes the patents-in-suit.
123. Apple’s infringement of the patents-in-suit thus occurs with knowledge
of and/or objective recklessness and has been and continues to be willful and
deliberate.
124. Apple’s willful and deliberate infringement entitles WiLAN to enhanced
damages under 35 U.S.C. § 285.
IRREPARABLE HARM TO WILAN
125. WiLAN has been irreparably harmed by Apple’s acts of infringement,

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and will continue to be harmed unless and until Apple’s acts of infringement are
enjoined by this Court. Apple has no adequate remedy at law to redress Apple’s
continuing acts of infringement. The hardships that would be imposed upon Apple

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by an injunction are less than those faced by WiLAN should an injunction not issue.
Furthermore, the public interest would be served by issuance of an injunction. As a
result of Apple’s acts of infringement, WiLAN has suffered and will continue to

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suffer damages in an amount to be proved at trial.
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

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CASE NO. _____________________

PRAYER FOR RELIEF

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WHEREFORE, WiLAN prays for judgment against Apple as follows:
126. Declaring that Apple has been and is now infringing, literally and/or

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under the doctrine of equivalents, one or more claims of each of U.S. Patent No.

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8,457,145, U.S. Patent No. 8,462,723, U.S. Patent No. 8,537,757, U.S. Patent No.

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8,615,020, and U.S. Patent No. 8,462,761;

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127. Declaring that Apple has been and is now contributorily infringing one or

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more claims of each of U.S. Patent No. 8,457,145, U.S. Patent No. 8,462,723, U.S.

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Patent No. 8,537,757, U.S. Patent No. 8,615,020, and U.S. Patent No. 8,462,761;

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128. Declaring that Apple has been and is now inducing infringement of U.S.

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Patent No. 8,457,145, U.S. Patent No. 8,462,723, U.S. Patent No. 8,537,757, U.S.

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Patent No. 8,615,020, and U.S. Patent No. 8,462,761;

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129. Permanently enjoining Apple and its officers, directors, agents, servants,

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employees, affiliates, divisions, branches, subsidiaries, parents and all others acting in

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concert or privity with any of them from infringing, inducing the infringement of, or
contributing to the infringement of one or more of each of U.S. Patent No. 8,457,145,
U.S. Patent No. 8,462,723, U.S. Patent No. 8,537,757, U.S. Patent No. 8,615,020, and

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U.S. Patent No. 8,462,761;
130. Declaring that Apple’s infringement is willful and that this is an
exceptional case under 35 U.S.C. § 285 and awarding attorneys’ fees and costs in this

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action;
COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

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CASE NO. _____________________

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131. Awarding to WiLAN damages arising out of Apple’s infringement of one

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or more of each of U.S. Patent No. 8,457,145, U.S. Patent No. 8,462,723, U.S. Patent

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No. 8,537,757, U.S. Patent No. 8,615,020, and U.S. Patent No. 8,462,761, together

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with prejudgment and post-judgment interest, in an amount to be determined at trial;

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132. Awarding to WiLAN its costs in connection with this action; and

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133. Such other and further relief in law or in equity to which WiLAN may be
justly entitled.
Dated:

June 23, 2014

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By:

/s/ Allison H. Goddard
Allison H. Goddard (SBN 211098)
[e-mail]
PATTERSON LAW GROUP
402 West Broadway, 29th Floor
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Larry M. Hadley (SBN 157728)
[e-mail]
MCKOOL SMITH HENNIGAN, P.C.
865 South Figueroa Street, Suite 2900
Los Angeles, CA 90017
Telephone: [phone]

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Robert A. Cote
[e-mail]
Kevin Schubert
[e-mail]
Jonathan Yim
[e-mail]
MCKOOL SMITH, P.C.
One Bryant Park, 47th Floor
New York, New York 10036

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Seth Hasenour

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COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

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CASE NO. _____________________

[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, TX 75201

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Dirk D. Thomas
[e-mail]
MCKOOL SMITH, P.C.
1999 K Street, NW, Suite 600
Washington, DC 20006

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Attorneys for Plaintiff,
WiLAN, Inc.

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COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

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CASE NO. _____________________

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DEMAND FOR JURY TRIAL
WiLAN hereby demands a jury trial pursuant to Rule 38 of the Federal Rules of
Civil Procedure as to all issues in this lawsuit.

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Dated:

June 23, 2014

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By:

/s/ Allison H. Goddard
Allison H. Goddard (SBN 211098)
[e-mail]
PATTERSON LAW GROUP
402 West Broadway, 29th Floor
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Larry M. Hadley (SBN 157728)
[e-mail]
MCKOOL SMITH HENNIGAN, P.C.
865 South Figueroa Street, Suite 2900
Los Angeles, CA 90017
Telephone: [phone]

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Robert A. Cote
[e-mail]
Kevin Schubert
[e-mail]
Jonathan Yim
[e-mail]
MCKOOL SMITH, P.C.
One Bryant Park, 47th Floor
New York, New York 10036

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Seth Hasenour
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, TX 75201

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Dirk D. Thomas
[e-mail]
MCKOOL SMITH, P.C.

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COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

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CASE NO. _____________________

1999 K Street, NW, Suite 600
Washington, DC 20006

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Attorneys for Plaintiff,
WiLAN, Inc.

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COMPLAINT FOR PATENT INFRINGEMENT
IF "" = "6" "Error! Unknown document property name.

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CASE NO. _____________________