Motorola Mobility, Inc. v. Apple, Inc.

Filing 361

MOTION to Amend/Correct (84 in 1:12-cv-20271-RNS) Scheduling Order,,, MEMORANDUM OF LAW AND MOTION TO AMEND THE PROCEDURAL SCHEDULE by Apple Inc.. Responses due by 10/29/2012 (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)Associated Cases: 1:12-cv-20271-RNS, 1:10-cv-23580-RNS(Pace, Christopher)

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EXHIBIT 11 Counselufor Comglainants Charles K. Verhoeven Quinn Emanuel Urquhart & Sullivan LLP 50 California Street, 22“dFloor San Francisco, CA 94111 Phone No. (415) 875-6600 David A. Nelson Quinn Emanuel Urquhart & Sullivan LLP 500 West Madison Street, Suite 2450 Chicago, IL 60661 Phone No. (312) 705-7400 Edward J. DeFranco Paul F. Brinkrnan Alexander Rudis S. Alex Lasher Quinn Emanuel Urquhart & Sullivan LLP Quinn Emanuel Urquhart & Sullivan LLP 51 Madison Avenue, 22”“ Floor 1299 Pennsylvania Ave. NW, Suite 825 New York, NY 10010 Washington, D.C. 20004 Phone No. (212) 849-7000 Phone No. (202) 538-8000 TABLE OF CONTENTS Page INTRODUCTION ........................................................................................... .. l PARTIES ......................................................................................................... .. 3 A. Complainants ....................................................................................... .. 3 B. The Respondent ................................................................................... .. 5 ACCUSED PRODUCTS AT ISSUE .............................................................. .. 5 THE ASSERTED PATENTS AND NON—TECHNlCALDESCRIPTION OF THE ASSERTED PATENTS ......................................................................... .. 6 A. The ‘S80Patent .................................................................................... .. 6 1. 2. Foreign Counterparts to the ‘S80 Patent .................................. .. 7 3. Non-Technical Description of the ‘S80Patent ..........................7 4. B. Identiﬁcation of the '580 Patent and Ownership ..................... .. 6 Prior Litigation Involving the ‘S80 Patent ............................... .. 7 The ‘O47Patent .................................................................................... .. 8 1. 2. Foreign Counterparts to the ‘O47Patent ............................... .....9 3. Non-Technical Description of the ‘O47Patent ..................... .....9 4. C. Identification of the ‘O47Patent and Ownership ..................... .. 8 Prior Litigation Involving the ‘O47Patent ............................ .....9 The ‘O02Patent .................................................................................... .. 9 1. 2. Foreign Counterparts to the ‘O02Patent .......... ........................l0 3. Non~Teehnieal Description of the ‘O02Patent ...................... .. 10 4. D. Identiﬁcation of the ‘O02Patent and Ownership ..................... .. 9 Prior Litigation Involving the ‘O02Patent ....... ........................1l The '673 Patent .................................................................................. .. ll i 1. 2. Foreign Counterparts to the '673 Patent ................................ .. 12 3. Non-Technical Description of the ‘673Patent ...................... .. 12 4. E. Identiﬁcation of the ’673 Patent and Ownership ................... .. 11 Prior Litigation Involving the '673 Patent ............................. .. 12 The ‘37OPatent .................................................................................. .. 13 1. 2. Foreign Counterpalts to the '370 Patent ................................ .. 13 3. Non-Technical Description of the '370 Patent ...................... .. 14 4. F. Identiﬁcation of the ‘370 Patent and Ownership ................... .. 13 Prior Litigation Involving the '370 Patent ............................. .. 14 The ‘O64Patent .................................................................................. .. 14 I. 2. Foreign Counterparts to the ‘O64Patent ................................ .. 15 3. Non-Technicai Description of the ‘O64Patent ...................... .. 15 4. G. Identiﬁcation of the ‘O64Patent and Ownership ................... .. 14 Prior Litigation Invoiving the ‘O64Patent ............................. .. 16 The '983 Patent .................................................................................. .. 16 1. Identiﬁcation of the ’983 Patent and Ownership ................... .. 16 2. Foreign Counterparts to the '983 Patent ................................ .. 17 3. ‘Non-Technical Description of the ‘983 Patent ...................... .. 17 4. Prior Litigation Involving the ’983 Patent ............................. .. 17 V. UNLAWFUL AND UNFAIR ACTS OF RESPONDENT ~ PATENT INFRINGEMENT ......................................................................................... .. 17 VI. SPECIFIC INSTANCES OF UNFAIR IMPORTAT ION AND SALE ........ ..20 VII CLASSIFICATION OF THE INFRINGING PRODUCTS UNDER TI-IE I-IARMONIZED TARIFF SCHEDULE ....................................................... ..21 VIII THE DOMESTIC INDUSTRY RELATING TO THE ASSERTED PATENTS ....................................................................................................................... .. 22 ii A. Technical Prong ....................................................................... ,. B. Economic Prong ...................................................................... .. 1. Investments Relating to Engineering and Research and Development ................................................................ .. 2. Investments Relating to Testing .................................. .. 3. Investments Relating to Repair and Service ................ .. RELIEF REQUESTED ........................................................................ .. iii ' t , =iM’ EXHIBIT AND APPENDIX LIST Exhibit 1 Certified Copy of United States?Patent No. 5,883,580 Certiﬁed Copy of United States Patent No. 5,922,047 Certiﬁed Copy of United States Patent No. 6,425,002 Copy of United States Patent No. 6,493,673 _ Certiﬁed Copy of United States Patent No. 6,983,370 Certified Copy of United States Patent No. 7,007,064 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Certiﬁed Copy of the Assignment to Motorola Inc. of United States Patent i Exhibit 9 7 Certiﬁed Copy of the Assignment to Motorola Inc. of United States Patent No. 5,922,047 Exhibit l0 Exhibit l2 f ohiiiiihii Copy bf United S'ta'[€S:P"2tt€11t 7,383,983 NO. No. 5,883,580 "Exhibit 11 H7 I W__ Certiﬁed Copy of the Assignment to Motorola Inc. of United States Patent No. 6,425,002 Copy of the Assignment to Motorola lnc. of the Parent of United States Patent No. 6,493,673 and All Divisions, Extensions, Continuations, or Reissues Ihereof V pp Exhibit l7 Certiﬁed Copy of the Assignment to Motorola Inc. of United States Patent No. 6,983,370 Certiﬁed Copy of the Assignment to Motorola lno. of United States Patent No. 7,007,064 Certiﬁed Copy of the Assignment to Motorola lnc. of United States Patent No. 7,383,983 Certiﬁed Copy of the Assignment to Motorola Mobility, Inc. I Certiﬁcate of Conversion from Motorola Mobility, lnc. to Motorola Mobility LLC Motorola's Form l0~Q for the Period Ended March 31, 2012 Exhibit 18 Exhibit l9 l Motorola's 2011 Annual Report "Making History: Developing the Portable Cellular System," available at http:l/vwvwmotorola.com/staticﬁles/Business/Corporate/U S ‘ EN/history/feature-cell-phonedevelopment.htrnl l "Motorola Tirneline," available at http://www.motorola.com/statioﬁles/Business/Corporate/US EN/history/timelinehtml Apple Facility Information, available at http://www.apple.com/retai 1/storelistl , Foreign Counterparts to the Assorted Patents Claim Chart for Representative Independent Claim of United States Patent Exhibit l3 Exhibit l4 Exhibit l5 Exhibit l6 Exhibit 20 Y Exhibit21 l Exhibit 22 §Exhibit 23 I j Exhibit 24 t , Exhibit 2s l l p No. 5,883,580 _ 7 y p Claim Chart for Representative Independent Claim of United States Patent No. 5,922,047 _ p Claim Chart for Representative Independent Claim of United States Patent No. 6,425,002 p iv p _ E _ t Exhibit 26 xhibit 27 Exhibit 28 Exhibit 29 Exhibit 30 Exhibit 3l Exhibit 32 Exhibit 33 Exhibit 34 Exhibit 35 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 36 37 38 39 40 41 42 Exhibit 43 Exhibit 44 Exhibit 45 Exhibit 46 Exhibit 47 Exhibit 48 Exhibit 49 Exhibit 50 Exhibit SI Exhibit 52 Exhibit 53 l Exhibit 54 Exhibit 55 Exhibit 56 Claim Chart for Representative Independent Claim of United States Patent No. 6,493,673 Claim Chart for Representative Independent Claim of United States Patent No. 6,983,370 Claim Chart for Representative lndependent Claim of United States Patent No. 7,007,064 Claim Chart for Representative Independent Claim of United States Patent No. 7,383,983 Domestic Industry Claim Chart for Representative Claim of United States Patent No. 5,883,580 Domestic Industry Claim Chart for Representative Claim of United States Patent No. 5,922,047 Domestic Industry Claim Chart for Representative Claim of United States Patent No. 6,493,673 Domestic Industry Claim Chart for Representative Claim of United States Patent No. 6,983,370 Domestic Industry Claim Chart for Representative Claim of United States Patent No. 7,007,064 Domestic Industry Claim Chart for Representative Claim of United States Patent No. 7,383,983 iPhone 4S Technical Speciﬁcations from Apple website f "iPhone: Locating the serial number" from Apple website "iOS 5 Features That Go Further" from Apple website iPhone User Guide For iOS 5.1 Software July 12, 2010 Letter From Apple To7Edward J. Markey "iOS 5: Understanding Location Services“ from Apple website V Nusca, Andrew, "Say command: How speech recognition will change the world," from http://w_ww.smartplanet.com W "Reminders —The best way to do to-dos" from Apple website iCloud homepage from Apple Website f iPhone 4S teardown from www.iﬁxit.com iPhone 4S "Features" from Apple website Apple Local and Push Programming Guide V Apple tChess Application McGrath, Jack, "Apples A5 Chip" from Www.technobuffalo.com "Troubleshooting Push Notiﬁcations" from Apple website iPhone 4s "Build In Apps" tram Apple website ‘ Siegler,Il\i/IG,"Facebool<‘siPhone App Finally Gets Push Notifications, Contact Syncing" from http;//teehci"uncli.com Neder, Mary’Ann, "eI3ay's iPhone App Updated with Push Notiﬁcation, PayPal Purchases" from http://appmodocom 7 __ "UIApplication Class Reference" from Apple Website OS X Mountain Lion Features from Apple website iCloud "Peat_ures"from Apple website V i. in _»'_»1;‘ ,, iii; ii-: " ~. ‘ ~-..,-3.1: 5 i, Exhibit 57 Exhibit 58 Exhibit 59 Exhibit 60 Exhibit 6l Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit at Ti; \ pi , 32 ,; - -_~'» 5 3-*1; ' "iCloud: Mail" from Apple website 1 ’~F’1?'35 , A>‘T t ~~E ‘Ye ea W "A Look at Apple's iCloud" from wwwtnvtimespom iPhone 4S "Take your mail with you everywhere" from Apple website Apple xiigiisi 719,2011 Eiibr _ "Frequently asked questions about the Mobilelvle transition and iCloud" from Apple website 62 63 64 65 66 67 68 69 70 71 72 iPad User Guido For ios 5.1 SOfWVa1‘€ AA iPad Technical Speciﬁcations from Apple website p "iOS: Syncing with iTunes" from Apple website "iTunes: Tips foripodcast fans" from Apple website "iPod —Your new car and your iPod get along so well" iBooks Description from Apple website Motorola Mobile Phones Product List DROID RAZR Technical Speciﬁcations from Motorola Website "View DevicemID" from Motorola website ‘ Exhibit 73 Exhibit 74 i Exhibit 75 EExhibit 76 _Exhibit 77 Exhibit 78 Exhibit 79 Exhibit 80 Exhibit 81 Exhibit 82 Exhibit 83 Exhibit 84 l Exhibit ss Exhibit 86 Exhibit 87 Exhibit as Exhibit 89 Exhibit 90 Exhibit 91 Exhibit 92 Exhibit 93 Exhibit 94 Exhibit 95 Exhibit 96 Exhibit 97 Eiibibii 98 »; Y l l l i l A Motorola "Smart Actions" description from Motorola website Motorola "Smart Actions" description from Motorola website "How to Best Use The Motorola Smart Actions App" from www.gottabemobile.com f "Obtaining User Location" from the Android Developers website DROID RAZR User Guide DROID RAZR Teardown from www.iﬁxit.com Motorola Xoom Wiﬁ User Guide "Gmail ~ Android Apps on Google Play" from https:/play.google.com "How do actions sync in IMAP" from Google website "Conversations" from Google website "Using Gmail" front Google website _ "Gmail for mobile" from Google Website “Motorola Driod Razr 16GB" from www.cnet.corn "Archiving vs. Deleting" from Google website DROID RAZR Fact Sheet from Motorola website f "Reading on your Android device" from Google Play Help website "Using multiple devices“ from Google Play Help website "Google Books for your phone" from Google website Certiﬁcate of Formation for Motorola Mobility LLC FAQs re: Battery Life from Motorola website Apple Inc. Form IOQKfor the Period Ended Septenfiber 24, 2Oll Declaration of Jon Tap iPhone 4S homepage from Apple website "Ask Siri To"Get’Things Done“ from Apple website "Siri Frequently Asked Questions"ifrom Apple Website "How Apple‘siSiri Really Works" from wwyiizdneticoni Representative Property List Rendered as XML’ "Property List Programming Guide“ froin Apple webiste vi ii _.{I ‘,§,;‘»,+=' "_i.~ (‘~15 ~ - §" 1 .-$1-'2;§:?g_ 1:¢"a;§§_~ \.--_v“>Y\;¢:,~;""' 1,-I, Exhibit 100 I "Android’4.’1Hits Motorola Xoom Tablet" pféss release Exhibit 101 "70 Things iii Try with Google's Aii¢1i<>id.1 Voice Search" 4 Exhibit 102 Screenshot of communications vii 1-‘ :1» ‘Wig? Qt. , ‘A:~ ~=.t*’f‘Z?§ *1»: ~ i,_,:,_>,rv¢.@ 4’,1,,Hv; M H , “< , .. H5 , , ‘ t» t _,,.;’ M , Conﬁdential Conﬁdential Declaration of Thomas V. Miller Exhibit A Conﬁdential Domestic Industry Claim Chart for Representative Claim of United States Exhibit B 1Patent No. 6,425,002 Conﬁdenti al Motorola Blur Architecture Document DD Exhibit C 1'~’ Conﬁdenti Exhibit D al Conﬁdenti al Exhibit E Motorola Blur Design Speciﬁcation 1 Motorola Blur Design Speciﬁcation viii Appendix l Appendix 2 Appendix 3 L Appendix 4 Appendix 5 Appendix 6 Appendix 72 Appendix 8 Appendix,9 7‘ ppendix A 10 Appendix ll Appendix 12 Appendix 13 Appendix 14 Ceitiﬁed File History of United States Patent No. 5,883,580 Certiﬁed File History of United States Patent No. 5,922,047 Ceniﬁed File History of United States Patent No. 6,425,002 File Hietory 6f United States Patent N6. 6,493,673 Ceniﬁed File History 6f United States Patent No. 6,983,370 Certiﬁed File History of United States Patent No. 7,007,064 Certiﬁed File History of United States Patent No. 7,383,983 Technical References Cited in U.S, Patent N0. 5,883,’58’0 Technical References Cited in U.S. Patent N0. 5,922,047 Technical References Cited in U.S. Patent No. 6,425,002 Technical References Cited in U.S. Patent No. 6,493,673 Technical References Cited in U.S. Patent No. 6,983,370 Technical References Cited in U.S. Patent No. 7,007,064 Technical References Cited in U.S. Patent No. 7,383,983 ix I. INTRODUCTION l. Motorola Mobility LLC (f/k/a Motorola Mobility, Inc.) ("Mobility"), Motorola Mobility Ireland ("Mobility Ireland"), and Motorola Mobility International Limited ("Mobility International") (collectively, "Complainants") respectfully request that the United States International Trade Commission ("Commission") institute an investigation into violations of Section 337 of the Tariff Act of I930, as amended, 19 U.S.C. § 1337 ("Section 337")‘ 2. Apple Inc. ("Apple" or "Respondent") has engaged in unfair acts in violation of Section 337 through unlawful and unauthorized importation and/or sale for importation into the United States, and/or the sale within the United States after importation, of certain wireless communications devices, portable music and data processing devices, computers, and components thereof (hereinafter collectively "Accused Products"). The Accused Products infringe one or more claims of United States Patent Nos. 5,883,580 ("the '580 Patent"), 5,922,047 ("the ‘O47Patent"), 6,425,002 ("the '002 Patent"), 6,493,673 ("the ’673 Patent"), 6,983,370 ("the '370 Patent"), 7,007,064 ("the ‘O64Patent"), and 7,383,983 ("the '983 Patent") (collectively the "Assorted Patents”) through their importation, sale for importation, use after importation, and sale after importation. See Exhs. 23-29. 3. In particular, the Accused Products infringe at least claims 1, 2, 3, l0, ll, 13, and l5 of the ‘S80Patent, claims l7 and l8 of the ‘O47Patent, claims l, 5, 6, and ll of the ‘002 Patent, claims 1, 9, l0, ll, and 50 of the ’673 Patent, claims 50, 51, 52, and 54 of the '370 Patent, claims 1, 2, 5, 6, 7, 9, 10, ll, l2, and 13 ofthe ‘064 Patent, and claims 1, 2, 3, 4, 9, 12, I As discussed below, on July 31, 2010, Motorola, Inc. assigned the Asserted Patents to Motorola Mobility, Inc., which later became Motorola Mobility LLC. Motorola, Inc. also has transferred the relevant mobile devices business to Mobility. Prior to July 31, 2010, Motorola, Inc. owned the Assorted Patents and the relevant mobile device business. As a result, where appropriate this Complaint will refer to the past and present business activities of Mobility and Motorola, Inc. l 13, l4, 25, 26, 31, 33, 34, 35, 37, 39, and 40 of the ’983 Patent (collectively the "Asserted Claims"). 4. Mobility owns by assignment the right, title and interest in and to the Asserted Patents. See Exhs. 8-I4 (assignments of each Asserted Patent from the named inventors to Motorola, lnc.); Exh. 15 (assignment of Asserted Patents from Motorola, Inc. to Motorola Mobility, Inc.); Exh. 89 (certificate of formation of Motorola Mobility LLC); Exh. 16 (certiﬁcate of conversion from Motorola Mobility, Inc. to Motorola Mobility LLC). Pursuant to a Form I0 tiled with the Securities and Exchange Commission on July l, 2010, Motorola, Inc. transferred its mobile devices and home business units to Motorola Mobility, Inc. and assigned the Asserted Patents to Motorola Mobility, Inc. Motorola Mobility, Inc. was created as a subsidiary of Motorola, Inc., and on July 31, 2010, Motorola, Inc. assigned the Asserted Patents to Motorola Mobility, Inc. Motorola Mobility, Inc. was spun-off from Motorola, Inc. on January 4, 20ll with a distribution of Motorola Mobility Holdings, Inc. stock to all Motorola, Inc. stockholders ofrecord as of December 21, 2010. Motorola Mobility Holdings, Inc. was the holding company for Motorola Mobility, Inc. Motorola, Inc. thereafter changed its name to Motorola Solutions, Inc. On May 22, 2012, Google Inc. acquired Motorola Mobility Holdings, Inc. with Motorola Mobility Holdings, Inc. becoming a wholly owned subsidiary of Google Inc. Motorola Mobility Holdings, Inc. thereafter changed its name to Motorola Mobility Holdings LLC, and Motorola Mobility, Inc. thereafter changed its name to Motorola Mobility LLC. 5. Mobility Ireland and Mobility International have an exclusive license to the Asserted Patents. Mobility has retained the right to enforce the Asserted Patents. 2 6. Motorola, Inc’s and Mobility's historic and current operations in the United States qualify as a domestic industry relating to the Asserted Patents and articles protected by the Assezted Patents, within the meaning of 19 U.S.C. § 1337(a)(2) & (3). 7. Mobility conducts research and development to develop new technology related to wireless handsets with integrated software and accessory products, and designs, manufactures, sells and services wireless handsets with integrated software and accessory products. 8. Motorola, Inc. and now Mobility design, develop, market, sell and service in the United States products that practice one or more claims of the Asserted Patents. Research and development of intellectual property relating to mobile devices by Motorola, Inc. resulted in each of the Assorted Patents. 9. Complainants seek relief from the Commission in the form of a permanent exclusion order prohibiting entry into the United States of the Accused Products that infringe one or more claims of the Assorted Patents. Complainants fLlI‘[l’l€I' a cease and desist order seek prohibiting Respondent, its subsidiaries, related companies and agents from engaging in the importation, sale for importation, marketing and/or advertising, distribution, offering for sale, sale, sale after importation or other transfers within the United States after importation of the Accused Products that infringe one or more claims of the Asserted Patents. II. PARTIES A. Complainants 10. Mobility is a corporation organized and existing under the laws of the State of Delaware and having a principal place of business at 600 North US Highway 45, Libertyville, Illinois 60048. The Foirn l()~Qof Motorola Mobility Holdings, Inc. (now Motorola Mobility J *1 Holdings LLC), the parent corporation and holding company of Mobility, for the period ended March 31, 2012, and its 2011 Annual Report are attached as Exhibits 17 and l8, respectively. 11. Mobility Ireland is an unlimited liability company organized and existing under the laws of Ireland with a place of business at Clarendon House, 2 Church Street, P.O. Box HM666, Hamilton HMCX, Bermuda. 12. Mobility International is a company organized and existing under the laws of Bermuda limited by shares with a place of business at Clarendon House, 2 Church Street, Hamilton HMI l, Bermuda. 13. In furtherance of Motorola, Inc.'s transfer of its mobile devices and home business to Mobility, Motorola, Inc. assigned all its right, title, and interest in the Assorted Patents to Motorola Mobility, Inc. on July 31, 2010. Motorola Mobility, Inc. thereafter changed its name to Motorola Mobility LLC. Mobility continues to operate the mobile devices and home business units and own the Asserted Patents. 14. As a result of long-term domestic activities, Mobility maintains Motorola, Inc/s legacy as a leading innovator in the communications and electronics industry. From the introduction of its first commercially successful car radio in 1930 to the inception of the World's ﬁrst commercial portable cellular phone in 1983, Motorola, Inc. and now Mobility have developed substantial proprietary and leading technology relating to wireless communications and electronics. See Exh. 19 (excerpt from Mobility/‘swebsite). Motorola, Inc. was also the ﬁrst to bring push-to-talk over cellular to market. More recently, Motorola, Inc. demonstrated the world's ﬁrst WiMAX 802.l6e mobile handoff and the industry’s ﬁrst over-the-air data sessions in the 700 MHZ spectrum using the Long Term Evolution standard, which is the next evolution of mobile broadband. See Exh. 20 (excerpt from Mobility‘s website) 4 15. Among other things, Mobility designs, manufactures, sells, and services wireless handsets with integrated software and accessory products. The net revenues of the Mobile Devices segment of Mobility represented 73% of Motorola Mobility Holdings, Inc.'s consolidated net revenues of approximately $13.1 billion in 2011. See Exh. 18. l6. Motorola, Inc. and now Mobility have commercialized and continue to actively commercialize the patented technologies. 17. Mobility has made signiﬁcant ﬁnancial investments into domestic research and development in its Mobile Devices segment. Mobility continues to believe that a strong domestic commitment to research and development is required to drive long-term growth of the companies. Thousands of Mobility domestic employees are dedicated to engineering and science operations and corresponding supporting activities for wireless communication devices. B. The Respondent 18. Respondent Apple Inc. is a corporation organized under the laws of California and has its principal place of business at l Inﬁnite Loop, Cupertino, California 95014. 19. Respondent imports and/or sells for importation into the United States, and/or sells within the United States after importation certain Wireless communications devices, portable music and data processing devices, computers, and components thereof that infringe the Asserted Patents without the authorization of Mobility. Respondent has facilities around the World, including retail stores in the United States to directly sell the Accused Products to end users. See Exh. 21. III. ACCUSED PRODUCTS AT ISSUE 20. Respondent designs, imports, sells for importation into the United States, and/or sells within the United States after importation, certain Wireless communication devices, portable music and data processing devices, computers, and components thereof. 5 21. The accused Apple iOS devices include, but are not limited to, the Apple iPod Touch, the Apple iPhone 3GS, the Apple iPhone 4, the Apple iPhone 4S, the Apple iPad 2, and the new Apple iPad (aka the iPad 3). These devices utilize various Wireless technologies that, for example, create location-based reminders, operate multimedia applications, and manage various messages and content. 22. The accused Apple Mac OS devices include, but are not limited to, the Mac Pro, iMac, Mac mini, MacBook Pro, and MacBook Air, which utilize wireless communication technologies to manage various messages and content. 23. Each of the Accused Products meets each and every limitation of at least one claim of one or more of the Asserted Patents. The Accused Products include, but are not limited to, all versions of the above-referenced products, as well as certain software and services that are distributed as components of these devices. These products, however, are merely illustrative of the types and classes of infringing products that Respondent manufactures and imports into the United States, sells for importation into the United States, and/or sells within the United States after importation in violation of Section 337. IV. THE ASSERTED PATENTS AND NON~TECHNICAL DESCRIPTION OF THE ASSERTED PATENTS A. The '580 Patent 1. 24. Identiﬁcation of the ‘S80Patent and Ownership Mobility owns by assignment the right, title and interest in United States Patent No. 5,883,580, titled "Geographic-Temporal Signiﬁcant Messaging,“ which issued on March 16, 1999, naming Alain Charles Louis Briancon and Terence Edward Sumner as inventors. A certiﬁed copy of the ‘S80Patent is attached as Exhibit l; a certiﬁed copy of the recorded assignment from the named inventors to Motorola, Inc. is attached as Exhibit 8. A certiﬁed 6 copy of the July 31, 20l0 assignment of the '580 Patent from Motorola, Inc. to Mobility is attached as Exhibit 15. A copyof the June 22, 2012 Certiﬁcate of Conversion from Motorola Mobility, Inc. to Motorola Mobility LLC is attached as Exhibit I6, and Complainants will submit a certiﬁed copy once it is recorded at the United States Patent and Trademark Office. 25. Pursuant to Commission Rule 210.12, a certiﬁed copy and three additional copies of the prosecution history of the '580 Patent, as well as four copies of the ‘S80Patent and each technical reference mentioned in the prosecution history of the ‘S80Patent, are submitted concurrently herewith as Appendices I and 8, respectively. 2. 26. Foreign Counterparts to the ‘S80Patent Pursuant to Commission Rule 210. l2(a)(9)(v), Exhibit 22 identifies the foreign patents or patent applications corresponding to the ‘S80Patent that have been issued, abandoned, rejected, or remain pending. 3. 27. Non-Technical Description of the ‘S80Patentz The '580 Patent generally relates to messaging devices that process messages logically for a user in the context of space and time. The patent discloses, inter alia, a method and apparatus for receiving messages having a relevancy status (e.g., a location identiﬁer) and processing the messages when the relevancy status changes. 4. 28. Prior Litigation Involving the '580 Patent The ’58OPatent has not been the subject of previous litigation in any domestic court or agency. In addition, there has been no foreign court or agency litigation involving the '580 Patent. 2 The non-technical descriptions ofthe inventions claimed in the Asserted Patents as set forth in this Complaint are not intended to construe either the speciﬁcation or the claims of the Assorted Patents. 7 29. The '58OPatent, however, is the subject of a complaint ﬁled concurrently herewith by Mobility against Apple in the United States District Court for the District of Delaware that alleges infringement of, among others, the ‘S80Patent. B. The ‘O47Patent 1. 30. Identiﬁcation of the ‘O47Patent and Ownership Mobility owns by assignment the right, title and interest in United States Patent No. 5,922,047, titled "Apparatus, Method And System For Multimedia Control And Communication," which issued on July 13, 1999, naming Douglas J. Newlin and Timothy M. Burke as inventors. A certiﬁed copy of the ‘047 Patent is attached as Exhibit 2; a certiﬁed copy of the recorded assignment from the named inventors to Motorola, Inc. is attached as Exhibit 9. A certiﬁed copy of the July 31, 2010 assignment of the '04? Patent from Motorola, Inc. to Mobility is attached as Exhibit 15. A copy of the June 22, 2012 Certiﬁcate of Conversion from Motorola Mobility, Inc. to Motorola Mobility LLC is attached as Exhibit 16, and Complainants will submit a certiﬁed copy once it is recorded at the United States Patent and Trademark Office. 31. Pursuant to Cormnission Rule 210.12, a certiﬁed copy and three additional copies of the prosecution history of the ‘O47Patent, as well as four copies of the '047 Patent and each technical reference mentioned in the prosecution history of the ‘O47Patent, are submitted concurrently herewith as Appendices 2 and 9, respectively.3 3 Complainants were unable to gather the publications mentioned in the prosecution history of the ‘O47Patent, but will locate these publications and submit them once received by Complainants. 8 2. 32. Foreign Counterparts to the ‘O47Patent Pursuant to Commission Rule 2lO.12(a)(9)(v), Exhibit 22 identiﬁes the foreign patents or patent applications corresponding to the ‘O47Patent that have been issued, abandoned, rejected, or remain pending. 3. 33. Non-Technical Description of the '04? Patent‘ The ‘O47Patent generally relates to communications and control systems for multimedia. In particular, the ‘O47Patent discloses, inter alia, an apparatus and method for providing control functions over multiple and diverse media applications, preferably operating at more than one designated node or location. 4. 34. Prior Litigation Involving the ‘O47Patent The ‘O47Patent has not been the subject of previous litigation in any domestic court or agency. In addition, there has been no foreign court or agency litigation involving the ‘O47Patent or any of its counterparts. 35. The ‘O47Patent, however, is the subject of a complaint ﬁled concurrently herewith by Mobility against Apple in the United States District Court for the District of Delaware that alleges infringement of, among others, the ‘O47Patent. C. The ‘O02Patent 1. 36. Identiﬁcation of the ‘OO2 Patent and Ownership Mobility owns by assignment the right, title and interest in United States Patent No. 6,425,002, titled "Apparatus and Method for Handling Dispatching Messages for Various Applications of a Communication Device," which issued on July 23, 2002, naming Rodd Bryan Zurcher, David Frank Baum, and James Van Peursern as inventors. A certiﬁed copy of the ‘O02 4 The non-technical descriptions of the inventions claimed in the Asserted Patents as set forth in this Complaint are not intended to construe either the speciﬁcation or the claims of the Assorted Patents. 9 Patent is attached as Exhibit 3; a certiﬁed copy of the recorded assignment from the named inventors to Motorola, Inc. is attached as Exhibit l0. A certiﬁed copy of the July 31, 2010 assignment of the '002 Patent from Motorola, Inc. to Mobility is attached as Exhibit 15. A copy of the June 22, 2012 Certiﬁcate of Conversion from Motorola Mobility, lnc. to Motorola Mobility LLC is attached as Exhibit l6, and Complainants will submit a certiﬁed copy once it is recorded at the United States Patent and Trademark Ofﬁce. 37. Pursuant to Commission Rule 210.12, a certiﬁed copy and three additional copies of the prosecution history of the ’002 Patent, as well as four copies of the ‘O02Patent and each technical reference mentioned in the prosecution history of the '002 Patent, are submitted concurrently herewith as Appendices 3 and 10, respectively. 2. 38. Foreign Counterparts to the ‘O02Patent Pursuant to Commission Rule 2lO.l2(a)(9)(v), Exhibit 22 identiﬁes the foreign patents or patent applications corresponding to the ’002 Patent that have been issued, abandoned, rejected, or remain pending. 3. 39. Non-Technical Description of the '002 Patents The ‘O02Patent generally relates to communications devices that ensure applications installed therein only receive messages that are of interest. The patent discloses, inter alia, a message manager program for accepting and dispatching messages, application program(s) for handling and presenting messages, and message client pr0gram(s) that receive messages from the message manager program and provides them to the application program. ,___.,_._._._._.....,..........._..___.____._._.__.__.._ 5The non~technical descriptions of the inventions claimed in the Asserted Patents as set forth in this Complaint are not intended to construe either the speciﬁcation or the claims of the Asserted Patents. 10 4. 40. Prior Litigation Involving the ‘O02Patent The ‘O02Patent has not been the subject of previous litigation in any domestic court or agency. In addition, there has been no foreign court or agency litigation involving the ‘O02Patent or any of its counterparts. 41. The ’002Patent, however, is the subject of a complaint ﬁled concurrently herewith by Mobility against Apple in the United States District Court for the District of Delaware that alleges infringement of, among others, the ‘O02Patent. D. The ‘673 Patent 1. 42. Identiﬁcation of the ‘673Patent and Ownership Mobility owns by assignment the right, title and interest in United States Patent No. 6,493,673, titled "Markup Language For Interactive Services And Methods Thereof," which issued on December 10, 2002, naming David Ladd and Gregory Johnson as inventors. A copy of the '673 Patent is attached as Exhibit 4. Complainants have ordered a certiﬁed copy, which Complainants will submit upon receipt. A copy of the recorded assignment from the named inventors to Motorola, Inc. with respect to the parent of the '673 Patent and all divisions, extensions, continuations, and/or reissues thereof is attached as Exhibit 11. Complainants have ordered a certiﬁed copy, which Complainants will submit upon receipt. A certiﬁed copy of the July 31, 2010 assignment of the '673 Patent from Motorola, Inc. to Mobility is attached as Exhibit 15. A copy of the June 22, 2012 Certiﬁcate of Conversion from Motorola Mobility, Inc. to Motorola Mobility LLC is attached as Exhibit 16, and Complainants will submit a certiﬁed copy once it is recorded at the United States Patent and Trademark Office. 43. Pursuant to Commission Rule 210.12, four copies of the prosecution history of the ’673 Patent, as well as four copies of the '673 Patent and each technical reference mentioned in the prosecution history of the '673 Patent, are submitted concurrently herewith as Appendices ll 4 and ll, respectively.6 Complainants have ordered a certiﬁed copy of the prosecution history of the '673 Patent and will submit upon receipt. 2. 44. Foreign Counterparts to the '673 Patent Pursuant to Commission Rule 210.l2(a)(9)(v), Exhibit 22 identiﬁes the foreign patents or patent applications corresponding to the '673 Patent that have been issued, abandoned, rejected, or remain pending. 3. 45. Non-Technical Description of the ‘673 Patent7 The '673 Patent generally relates to communications devices that are capable of providing interactive services. The patent discloses, inter alia, providing prompt element including an announcement to be read to a user, and an input element that allows an audible user input to be converted into a text string. 4. 46. Prior Litigation Involving the '673 Patent The '673 Patent has not been the subject of previous litigation in any domestic court or agency. In addition, there has been no foreign court or agency litigation involving the '673 Patent or any of its counterparts. 47. The ’6’73Patent, however, is the subject of a complaint ﬁled concurrently herewith by Mobility against Apple in the United States District Court for the District of Delaware that alleges infringement of, among others, the '673 Patent. 6 After a diligent search, Complainants have been unable to locate one technical reference: “Nava Air Federal Credit Union Call 24 Voice Response Brochure, May 1994." 7The non-technical descriptions of the inventions claimed in the Asserted Patents as set forth in this Complaint are not intended to construe either the speciﬁcation or the claims of the Assorted Patents. 12 E. The ‘$70Patent 1. 48. Identiﬁcation of the '370 Patent and Ownership Mobility owns by assignment the right, title and interest in United States Patent No. 6,983,370, titled "System For Providing Continuity Between Messaging Clients And Method Therefor," which issued on January 3, 2006, naming Eric Thomas Eaton, David Jeffery Hayes, and Von Alan Mock as inventors. A certiﬁed copy of the '370 Patent is attached as Exhibit 5; a certiﬁed copy of the recorded assignment from the named inventors to Motorola, Inc. is attached as Exhibit 12. A certiﬁed copy of the July 31, 2010 assignment of the ‘I570 Patent from Motorola, Inc. to Mobility is attached as Exhibit 15. A copy of the June 22, 2012 Certiﬁcate of Conversion from Motorola Mobility, Inc. to Motorola Mobility LLC is attached as Exhibit 16, and Complainants will submit a certiﬁed copy once it is recorded at the United States Patent and Trademark Office. 49. Pursuant to Commission Rule 210.12, a certiﬁed copy and three additional copies of the prosecution history of the '370 Patent, as well as four copies of the '370 Patent and each technical reference mentioned in the prosecution history of the '370 Patent, are submitted concurrently herewith as Appendices 5 and 12, respectively. 2. 50. Foreign Counterparts to the ‘370Patent Pursuant to Commission Rule 2l0.l2(a)(9)(v), Exhibit 22 identiﬁes the foreign patents or patent applications corresponding to the '370 Patent that have been issued, abandoned, rejected, or remain pending. 13 3. 5 l. Non-Technical Description of the '37!)Patents The ’370 Patent generally relates to communication systems incorporating capabilities to provide continuity between messaging clients. More speciﬁcally, the '370 Patent relates to the ability to sync the messaging capabilities of multiple devices. 4. 52. Prior Litigation Involving the ‘370Patent On or about November 10, 20l0, Mobility ﬁled a Complaint in the United States District Court for the Southern District of Florida based on, inter alia, the alleged infringement of the '370 Patent by Microsoft Corporation in a case captioned Motorola Mobility Inc. v. Microsoft Corporation, Case No. 10-CV-24063-PAM (S.D. Fla). That case was later transferred to the United States District Court for the Western District of Washington on or about August 25, 201 1, see Motorola Mobility, Inc. v. Microsoft Corp. , Case No. 2:1 l-CV 01408-JLR (W.D. Wash), and is still pending before that Court. The '3'70Patent has not been the subject of any other previous litigation in any domestic court or agency. In addition, there has been no foreign court or agency litigation involving the '370 Patent or any of its counterparts. 53. The '370 Patent, however, is the subject of a complaint tiled concurrently herewith by Mobility against Apple in the United States District Court for the District of Delaware that alleges infringement of, among others, the '370 Patent. F. The ‘O64Patent 1. 54. Identiﬁcation of the '064 Patent and Ownership Mobility owns by assignment the right, title and interest in United States Patent No. 7,007,064, titled "Method And Apparatus For Obtaining And Managing Wirelessly SThe non-technical descriptions of the inventions claimed in the Asserted Patents as set forth in this Complaint are not intended to construe either the speciﬁcation or the claims of the Asserted Patents. l4 Communicated Content," which issued on February 28, 2006, naming Randi W. Faris as inventor. A certiﬁed copy of the ‘O64Patent is attached as Exhibit 6; a certiﬁed copy of the recorded assignment from the named inventors to Motorola, Inc. is attached as Exhibit 13. A certiﬁed copy of the July 31, 2010 assignment of the ‘O64Patent from Motorola, Inc. to Mobility is attached as Exhibit 15. A copy of the June 22, 2012 Certiﬁcate of Conversion from Motorola Mobility, Inc. to Motorola Mobility LLC is attached as Exhibit 16, and Complainants will submit a certiﬁed copy once it is recorded at the United States Patent and Trademark Office. 55. Pursuant to Commission Rule 210.12, a certiﬁed copy and three additional copies of the prosecution history of the ‘O64Patent, as well as four copies of the ‘O64Patent and each technical reference mentioned in the prosecution history of the ‘O64Patent, are submitted concurrently herewith as Appendices 6 and 13, respectively. 2. 56. Foreign Counterparts to the ‘O64Patent Pursuant to Commission Rule 2lO.l2(a)(9)(v), Exhibit 22 identiﬁes the foreign patents or patent applications corresponding to the ‘O64Patent that have been issued, abandoned, rejected, or remain pending. 3. 57. Non-Technical Description of the ‘O64Patent9 The ‘O64Patent generally relates to Wireless communications systems for providing content to wireless communication devices. In particular, the ‘O64Patent discloses, inter alia, an apparatus and method for obtaining and managing wirelessly communicated content. 9 The non-technical descriptions of the inventions claimed in the Assorted Patents as set forth in this Complaint are not intended to construe either the speciﬁcation or the claims of the Asserted Patents. l5 4. 58. Prior Litigation Involving the ‘O64Patent The ‘O64Patent has not been the subject of previous litigation in any domestic court or agency. In addition, there has been no foreign court or agency litigation involving the ‘O64Patent or any of its counterparts. 59. The 'O64Patent, however, is the subject ofa complaint ﬁled concurrently herewith by Mobility against Apple in the United States District Court for the District of Delaware that alleges infringement of, among others, the ‘O64Patent. G. The '983 Patent 1. 60. Identiﬁcation of the '983 Patent and Ownership Mobility owns by assignment the right, title and interest in United States Patent No. 7,383,983, titled "System And Method For Managing Content Between Devices In Various Domains," which issued on June l0, 2008, naming Michael T. Gaumond, Richard Mark Clayton, Parvathy Bhaskaran, and Lee Callaway as inventors. A certiﬁed copy of the '983 Patent is attached as Exhibit 7; a certiﬁed copy of the recorded assignment from the named inventors to Motorola, Inc. is attached as Exhibit l4. A certiﬁed copy of the July 3 l, 2010 assignment of the '983 Patent from Motorola, Inc. to Mobility is attached as Exhibit 15. A copy of the June 22, 2012 Certificate of Conversion from Motorola Mobility, Inc. to Motorola Mobility LLC is attached as Exhibit l6, and Complainants will submit a certiﬁed copy once it is recorded at the United States Patent and Trademark Ofiice. 61. Pursuant to Commission Rule 210.12, a certiﬁed copy and three additional copies of the prosecution history of the '983 Patent, as well as four copies of the '983 Patent and each technical reference mentioned in the prosecution history of the '983 Patent, are submitted concurrently herewith as Appendices 7 and 14, respectively. l6 2. 62. Foreign Counterparts to the '983 Patent Pursuant to Commission Rule 2l0.l2(a)(9)(v), Exhibit 22 identiﬁes the foreign patents or patent applications corresponding to the '983 Patent that have been issued, abandoned, rejected, or remain pending. 3. 63. Non-Technical Description of the '983 Patent“) The '983 Patent generally relates to managing content between devices in various domains and, more particularly, to a system and method for pausing content in one device and resuming playback of the content in another device that may be in a different domain. 4. 64. Prior Litigation Involving the '983 Patent The '983 Patent has not been the subject of previous litigation in any domestic court or agency. In addition, there has been no foreign court or agency litigation involving the ‘983 Patent or any of its counterparts. 65. The '983 Patent, however, is the subject of a complaint ﬁled concurrently herewith by Mobility against Apple in the United States District Court for the District of Delaware that alleges infringement of, among others, the '983 Patent. V. UNLAWFUL AND UNFAIR ACTS OF RESPONDENT - PATENT INFRINGEMENT 66. Respondent unlawfully sells for importation, imports, and/or sells within the United States after importation the Accused Products, thereby infringing at least claims l, 2, 3, 10, ll, 13, and 15 ofthe ‘S80Patent, claims 17 and l8 ofthe ‘O47Patent, claims 1, 5, 6, and ll of the ‘O02Patent, claims l, 9, 10, ll, and 50 of the ’673 Patent, claims 50, 51, 52, and 54 of the ’3'70Patent, claims 1, 2, 5, 6, 7, 9, 10, ll, 12, and 13 ofthe ‘O64Patent, and claims 1, 2, 3, 4, 9, _,________._..____............____._..__.__...._._.‘ X0 The non-technical descriptions of the inventions claimed in the Asserted Patents as set forth in this Complaint are not intended to construe either the speciﬁcation or the claims of the Asserted Patents. 6 l7 12, 13, 14, 25, 26, 31, 33, 34, 35, 37, 39, and 40 of the ‘983 Patent (collectively the "Asserted Claims"). 67. Respondent has directly infringed and continues to directly infringe at least the Asserted Claims of the Assorted Patents by, inter alia, its importation, sale for importation, and/or its sale in the United States after importation of the Accused Products. Respondent also directly infringes the Asserted Claims of the Asserted Patents by having its employees or agents operate, test, and/or demonstrate the Accused Products in the United States, and through those activities infringes the Asserted Claims of the Asserted Patents. 68. Respondent indirectly infringes at least claims 1, 2, 3, 10, ll, l3, and 15 of the '580 Patent, claims 50, 51, 52, and 54 ofthe '370 Patent, and claims 1, 2, 3, 4, 9, 12, 13, 14, 25, 26, 31, 33, 34, 35, 37, 39, and 40 of the ’983 Patent by inducing and/or contributing to infringement of the asserted claims of these patents. For example, Respondent induces infringement and/or contributorily infringes when consumers and/or Respondent's employees operate the Accused Products in the United States. 69. Upon information and belief, Respondent induces infringement because: (i) Respondent has knowledge of the ‘S80Patent and the '983 Patent, at least through discussions with Mobility in 2010 and has knowledge of the ’370Patent at least through its monitoring of Motorola Mobility, Inc. v. Microsoft Corp, Case No. 2:11-CV-01408-JLR (W.D. Wash.); (ii) Respondent intends to induce direct infringement of at least the ‘S80Patent, the ’370 Patent, and the '983 Patent; (iii) Respondent actively induces direct infringement by knowingly aiding and abetting that infringement; and/or (iv) Respondent has actual or constructive knowledge that its actions would induce infringement. For example, Respondent induces infringement by, among other things, providing and selling the Accused Products, creating and distributing user manuals 18 and marketing materials, and by other acts and communications that instruct users how to operate the Accused Products and otherwise cause others to use the Accused Products, and thereby practice the claimed inventions of at least the '580 Patent, the ’370 Patent, and the ‘983 Patent. 70. Upon information and belief, Respondent further contributes to infringement of at least the ‘S80Patent, the ‘370 Patent, and the ’983 Patent because there is a lack of substantial non-infringing uses for the Accused Products. Upon information and belief, Respondent knows the Accused Products are especially made or especially adapted for use in the infringement of at least the '580 Patent, the '370 Patent, and the ‘983 Patent and that the infringing portions of these products are not staple articles or conmiodities of commerce suitable for substantial n0n— infringing use. 71. The Accused Products that infringe the '580 Patent include at least the Apple iPhone 4 and the Apple iPhone 4S. Exhibit 23 is a claim chart that compares representative asserted independent claims l and 10 of the '580 Patent to these Accused Products. Documents referenced in this claim chart are attached as Exhibits 36~45and 93. 72. The Accused Products that infringe the ‘O47Patent include at least the Apple iPhone 3GS, the Apple iPhone 4, the Apple iPhone 4S, the Apple iPad 2, and the Apple iPad 3. Exhibit 24 is a claim chart that compares representative asserted independent claim l7 of the ‘O47Patent to these Accused Products. Documents referenced in this claim chart are attached as Exhibits 36, 39, and 46. 73. The Accused Products that infringe the ‘O02Patent include at least the Apple iPhone SGS, the Apple iPhone 4, the Apple iPhone 4S, the Apple iPad 2, and the Apple iPad 3. Exhibit 25 is a claim chart that compares representative asserted independent claims l and ll of l9 the ‘O02Patent to these Accused Products. Documents referenced in this claim chart are attached as Exhibits 36, 39, 45, 47-54, and 93. 74. ' The Accused Products that infringe the ‘673 Patent include at least Apple iPhone 4S. Exhibit 26 is a claim chart that compares representative asserted independent claims 1 and 50 of the ‘673 Patent to these Accused Products. Documents referenced in this claim chart are attached as Exhibits 36 and 93-98. 75. The Accused Products that infringe the '370 Patent include at least the Apple iPhone 4, the Apple iPhone 4S, the Apple iPad 2, the Apple iPad 3, the Mac Pro, the iMac, the Mac mini, the MacBool<Pro, and the MacBook Air. Exhibit 27 is a claim chart that compares representative asserted independent claim 50 of the '370 Patent to these Accused Products. Documents referenced in this claim chart are attached as Exhibits 38 and 55. 76. The Accused Products that infringe the ‘O64Patent include at least the Apple iPhone 3GS, the Apple iPhone 4, the Apple iPhone 4S, the Apple iPad 2, and the Apple iPad 3. Exhibit 28 is a claim chart that compares representative asserted independent claim 1 of the ‘O64 Patent to these Accused Products. Documents referenced in this claim chart are attached as Exhibits 36-37, 45, 56-61, and 93. 77. The Accused Products that infringe the ’983Patent include at least the Apple iPod Touch, the Apple iPhone 3GS, the Apple iPhone 4, the Apple iPhone 4S, the Apple iPad, the Apple iPad 2, and the Apple iPad 3. Exhibit 29 is a claim chart that compares representative asserted independent claims 1 and 25 of the '983 Patent to these Accused Products. Documents referenced in this claim chart are attached as Exhibits 38 and 62-67. VI. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE 78. Signiﬁcant portions of Respondent's products, including Respondent's Accused Products, are manufactured outside the United States, primarily in Asia (see Exh. 91 at 7), and 20 sold within the United States. Thus, as of the ﬁling of this Complaint, the Accused Products are being imported into the United States, sold for importation into the United States, and/or being sold within the United States after importation by Respondent. 79. The speciﬁc instances of importation of infringing Accused Products set forth below are representative examples of Respondent's unlawﬁil importation, sale for importation, and/or sales within the United States after importation of infringing products. 80. The Accused Products were purchased in the United States in Respondent's retail stores.U 81. The purchase receipts of representative Accused Products are attached as Exhibits to the Declaration of Jon Tap ("Tap Decl“), which is attached as Exhibit 92. 82. The Accused Products are marked as manufactured in China. See Tap Decl., Exhs. B, D, F, H. Photographs of the Accused Products, in their packaging, are submitted as an Exhibit to the Tap Decl., and is representative of the other accused wireless cominunication devices. See id. VII. CLASSIFICATION OF THE INFRINGING PRODUCTS UNDER THE HARMONIZED TARIFF SCHEDULE 83. Upon information and belief, the infringing Accused Products of Respondent maybe classiﬁed under at least the following heading and subheading of the Harmonized Tariff Schedule ofthe United States ("HTSUS"): 8517.12.00; 8519.81.40; 8519.89.30; 8521.90.00; 8471.30.01, 8471.41.01; and 8471.49.00. 84. These classiﬁcations are exemplary in nature and are not intended to restrict the scope of any exclusion order or other remedy ordered by the Commission. H At the request of the Commission, Complainant will provide physical samples of the Accused Products. 21 VIII. THE DOMESTIC INDUSTRY RELATING TO THE ASSERTED PATENTS 85. An industry as required by Section 337(a)(2) and deﬁned by Section 337(a)(3) exists in the United States relating to Mobility‘s mobile phones protected by the Asserted Patents. A. Technical Prong 86. Many of Mobility‘s wireless communications devices practice the Asserted Patents. However, for purposes of outlining Mobility's satisfaction of the domestic industry requirement, Mobility has selected four representative devices: the Droid 4, the Droid Razr, the Droid Razr Maxx, and the Motorola Xoom ("Representative Domestic Industry Products").12 87. Exhibit 30 is a claim chart demonstrating that each and every limitation of at least exemplary claim l of the ‘S80Patent is met by a Representative Domestic Industry Product, the Droid Razr. This claim is also met by at least two other Representative Domestic Industry Products, the Droid Razr Maxx and the Droid 4. Documents referenced in this claim chart are attached as Exhibits 68-74. 88. Exhibit 31 is a claim chart demonstrating that each and every limitation of at least exemplary claim l7 of the ‘O47Patent is met by a Representative Domestic Industry Product, the Droid Razr. This claim is also met by at least two other Representative Domestic Industry Products, the Droid Razr Maxx and the Droid 4. Documents referenced in this claim chart are attached as Exhibits 69 and 75. 89. Conﬁdential Exhibit B is a claim chart demonstrating that each and every limitation of at least exemplary claims l and ll of the ‘O02Patent is met by a Representative Domestic Industry Product, the Droid Razr. This claim is also met by at least one other 12At the request of the Commission, Complainant will provide physical samples of the Representative Domestic Industry Products. 22 Representative Domestic Industry Product, the Droid Razr Maxx. Documents referenced in this claim chart are attached as Exhibits 68-69, 76, and 90, and Conﬁdential Exhibits C-E. 90. Exhibit 32 is a claim chart demonstrating that each and every limitation of at least exemplary claim 51 of the '673 Patent is met by a Representative Domestic Industry Product, the Motorola Xoom Wifi running the Android 4.1 operating system ("Jelly Bean"). This claim is also met by other Motorola products running "Jelly Bean" in the near future. Documents referenced in this claim chart are attached as Exhibits 77 and 99~l 02. 91. Exhibit 33 is a claim chart demonstrating that each and every limitation of at least exemplary claim 50 of the ‘370 Patent is met by a Representative Domestic Industry Product, the Droid Razr. This claim is also met by at least three other Representative Domestic Industry Products, the Droid Razr Maxx, the Droid 4, and the Motorola Xoom Wiﬁ. Documents referenced in this claim chart are attached as Exhibits 69 and 75. 92. Exhibit 34 is a claim chart demonstrating that each and every limitation of at least exemplary claim 1 of the ‘O64Patent is met by a Representative Domestic Industry Product, the Droid Razr. This claim is also met by at least three other Representative Domestic Industry Products, the Droid Razr Maxx, the Droid 4, and the Motorola Xoom. Documents referenced in this claim chart are attached as Exhibits 65, 69-70, and 78-84. 93. Exhibit 35 is a claim chart demonstrating that each and every limitation of at least exemplary claim 25 of the ’983 Patent is met by a Representative Domestic Industry Product, the Droid Razr. This claim is also met by at least two other Representative Domestic Industry Products, the Droid Razr Maxx and the Droid 4. Documents referenced in this claim chart are attached as Exhibits 75 and 85-87. 23 B. Economic Prong 94. Complainants have made substantial investments in the United States in the exploitation of the Asserted Patents. These investments include at least domestic engineering, research and development, testing, and repair and service relating to articles protected by the Asserted Patents. Mobility employs thousands of individuals in several facilities throughout the United States. See Conﬁ Exh. A. For purposes of outlining its satisfaction of the economic prong of the domestic industry requirement, Mobility has selected the following discrete domestic investments relating to the Representative Domestic Industry Products. 1. 95. Investments Relating to Engineering and Research and Development Several thousand employees in numerous U.S. facilities conduct engineering and research and development relating to wireless communications devices, including the Representative Domestic Industry Products that practice the Asserted Patents. 96. As described in Confidential Exhibit A, Mobility has made substantial investments in employees and plant and equipment to support engineering and research and development in the United States relating to the Representative Domestic Industry Products. 2. 97. Investments Relating to Testing In order to support its products and customers, Mobility has made and continues to make substantial investments in the United States to test its wireless communications devices that practice the Asserted Patents. 98. Each model of Mobility’s wireless communications devices produced for the U.S. market undergoes rigorous testing in the United States by Mobility engineers or third party contractors under their direction. Mobility engineers in its facilities are responsible for a wide variety of testing, including environmental testing, mechanical testing. failure analysis testing, and laboratory testing. In addition, Mobility employees or third party contractors ﬁeld test each 24 model of Mobility's wires communications device at multiple locations throughout the United States. Mobility's domestic investments in testing the Representative Domestic Industry Products are described in more detail in Conﬁdential Exhibit A. 3. 99. Investments Relating to Repair and Service Mobility has made and continues to make substantial investments in the United states relating to the repair and service of Mobility's wireless communications devices that practice the Asserted Patents. 100. Employees in Mobility's facilities are responsible for overseeing the service and repair of Mobility’s Wirelesscommunications devices. Conﬁdential Exhibit A describes Mobility's expenditures relating to the service and repair of Representative Domestic Industry Products in the United States. IX. RELIEF REQUESTED 101. Complainants respectfully request that the Commission: (a) Institute an immediate investigation pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, with respect to Respondent's violations of that section arising from the importation into the United States, sale for importation, and/or the sale within the United States after importation of wireless communications devices, portable music and data processing devices, computers, and components thereof that infringe one or more claims of United States Patent Nos. 5,883,580, 5,922,047, 6,425,002, 6,493,673, 6,983,370, 7,007,064, and 7,383,983; (la) Set a target date of no more than 15 months; (c) Schedule and conduct a hearing pursuant to Section 337(c) for the purposes of (i) receiving evidence and hearing argument concerning whether there has been a 25 violation of Section 337, and (ii) following the hearing, determining that there has been a violation of Section 337; (d) lssue a permanent exclusion order directed to products manufactured by Respondent, its subsidiaries, related companies and agents pursuant to l9 U.S.C. § l337(d) excluding entry into the United States of wireless communications devices, portable music and data processing devices, computers, and components thereof that infringe one or more claims of United States Patent Nos. 5,883,580, 5,922,047, 6,425,002, 6,493,673, 6,983,370, 7,007,064, and 7,383,983; (e) Issue a permanent cease and desist order pursuant to 19 U.S.C. § l337(i) prohibiting Respondent, its subsidiaries, related companies and agents from engaging in the importation, sale for importation, marketing and/or advertising, distribution, offering for sale, sale, sale after importation, or other transfer within the United States of wireless communications devices, portable music and data processing devices, computers, and components thereof that infringe one or more claims of United States Patent Nos. 5,883,580, 5,922,047, 6,425,002, 6,493,673, 6,983,370, 7,007,064, and 7,383,983; (t) Impose a bond upon importation of infringing wireless communication devices, portable music and data processing devices, computers, and components thereof during the 60-day Presidential review period pursuant to 19 U.S.C. § l337(j); and (g) Issue such other and further relief as the Commission deems just and proper under the law, based on the facts determined by the Investigation and the authority of the Commission. 26 DATED: August 17, 2012 Respectfully submitted BY _,.»~* _ wllmmwmmw“ Charles’l{. Verlﬁeven Quinn Emanuel Urquhart & Sullivan LLP so California Street, 22"“ Floor San Francisco, CA 94111 Phone No. (415) 875-6600 Edward J. DeFranco Alexander Rudis Quinn Emanuel Urquhart & Sullivan LLP 51 Madison Avenue, 22"dFloor New York, NY 10010 Phone No. (212) 849-7000 David A. Nelson Quinn Emanuel Urquhart & Sullivan LLP 500 West Madison Street, Suite 2450 Chicago, IL 60661 Phone No. (312) 705-7400 Paul F. Brinkrnan S. Alex Lasher Quinn Emanuel Urquhart & Sullivan LLP 1299 Pennsylvania Avenue N.W., Suite 825 Washington, D.C. 20004 Phone No. (202) 538-8000 Altorneysfor Complainants Motorola .M0b1'lily LLC, Motorola Mobility Ireland. and Motorola Mobility International Limited 27 VERIFICATION OF COMPLAINT I, Thomas V. Miller, declare, in accordance with 19 C.F.R. § 21O.12(e)(l), as follows: 1. I am Vice President of Intellectual Property of Motorola Mobility LLC and am duly authorized to sign this Complaint; 2. I have read the complaint and I am aware of its contents; 3. The Complaint is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of the investigation or ~ related proceeding; 4. To the best of my knowledge, information and belief founded upon reasonable inquiry, the claims and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; 5. The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidential-ysupport after a reasonable opportunity for further investigation or discovery; and I declare under penalty of perjury that the foregoing is true and correct. Executed on August Y7 , 2012, in Lgﬁ ;n§a~~e , ft» . 1//I/M Thomas V. Miller ozmsienv/4aso2m.2

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