SmartPhone Technologies LLC v. AT&T Inc. et al
Filing
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COMPLAINT against AT&T Inc., AT&T Mobility LLC, HTC America, Inc., HTC Corporation ( Filing fee $ 350 receipt number 0540-3297359.), filed by SmartPhone Technologies LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Ward, Thomas)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
SMARTPHONE TECHNOLOGIES LLC,
Plaintiff,
v.
AT&T INC.,
AT&T MOBILITY LLC,
HTC CORPORATION, and
HTC AMERICA, INC.,
Defendants.
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CIVIL ACTION NO. 6:11cv561
JURY TRIAL DEMANDED
PLAINTIFF’S ORIGINAL COMPLAINT
FOR PATENT INFRINGEMENT
Plaintiff SmartPhone Technologies LLC (“SmartPhone”) files this Original Complaint
against AT&T Inc., AT&T Mobility LLC, HTC Corporation, and HTC America, Inc. for
infringement of U.S. Patent No. 6,976,217 (“the ’217 patent”), U.S. Patent No. 6,466,236 (“the
’236 patent”), U.S. Patent No. 6,928,300 (“the ’300 patent”), and/or U.S. Patent No. 6,956,562
(“the ’562 patent”).
THE PARTIES
1.
SmartPhone is a Texas limited liability company with its principal place of
business in Frisco, Texas.
2.
AT&T Inc. is a Delaware corporation with its principal place of business in
Dallas, Texas. This Defendant may be served with process through its registered agent, The
Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
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Delaware 19801. This Defendant does business in the State of Texas and in the Eastern District
of Texas.
3.
AT&T Mobility LLC (with AT&T Inc., “AT&T”) is a Delaware limited liability
company with its principal place of business in Atlanta, Georgia. This Defendant may be served
with process through its registered agent, The Corporation Trust Company, Corporation Trust
Center, 1209 Orange Street, Wilmington, Delaware 19801. This Defendant does business in the
State of Texas and in the Eastern District of Texas.
4.
HTC Corporation is incorporated under the laws of Taiwan with its principal
place of business in Taoyuan City, Taiwan, R.O.C. This Defendant may be served with process
at its principal place of business at 23 Xinghau Road, Taoyuan City, Taoyuan 330, Taiwan,
Republic of China. This Defendant does business in the State of Texas and in the Eastern
District of Texas.
5.
HTC America, Inc. (with HTC Corporation, “HTC”) is a Washington corporation
with its principal place of business in Bellevue, Washington. This Defendant may be served
with process through its registered agent, National Registered Agents, Inc., 16055 Space Center
Blvd., Suite 235, Houston, Texas 77062. This Defendant does business in the State of Texas and
in the Eastern District of Texas.
JURISDICTION AND VENUE
6.
SmartPhone brings this action for patent infringement under the patent laws of the
United States, namely 35 U.S.C. §§ 271, 281, and 284-285, among others. This Court has
subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367.
7.
Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and
1400(b). On information and belief, each Defendant is deemed to reside in this judicial district,
has committed acts of infringement in this judicial district, has purposely transacted business
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involving their accused products in this judicial district and/or, has regular and established places
of business in this judicial district.
8.
Each Defendant is subject to this Court’s specific and general personal
jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to its
substantial business in this State and judicial district, including: (A) at least part of its infringing
activities alleged herein; and (B) regularly doing or soliciting business, engaging in other
persistent conduct, and/or deriving substantial revenue from goods sold and services provided to
Texas residents.
COUNT I
(INFRINGEMENT OF U.S. PATENT NO. 6,976,217)
9.
Smartphone incorporates paragraphs 1 through 8 herein by reference.
10.
SmartPhone is the exclusive licensee of the ’217 patent, entitled “METHOD AND
APPARATUS FOR INTEGRATING PHONE AND PDA USER INTERFACE IN A SINGLE
PROCESSOR,” with ownership of all substantial rights in the ’217 patent, including the right to
exclude others and to enforce, sue and recover damages for past and future infringements. A true
and correct copy of the ’217 patent is attached as Exhibit A.
11.
The ’217 patent is valid, enforceable and was duly issued in full compliance with
Title 35 of the United States Code.
12.
HTC is directly and/or indirectly infringing one or more claims of the ’217 patent
in this judicial district and elsewhere in Texas, including claim 1, without the consent or
authorization of SmartPhone, by or through making, using, offering for sale, selling and/or
importing computerized communication devices, including, without limitation, the HTC Hero.
HTC and persons who acquire and use such devices have, at a minimum, directly infringed the
’217 patent, and HTC is thereby liable for direct and/or indirect infringement of the ’217 patent
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pursuant to 35 U.S.C. § 271. HTC is, and has been, aware of the ’217 patent, has pre-suit
knowledge of the infringing nature of its activities, and has nevertheless continued its infringing
conduct.
13.
SmartPhone has been damaged as a result of HTC’s infringing conduct described
in this Count. HTC is, thus, liable to SmartPhone in an amount that adequately compensates it
for HTC’s infringements, which, by law, cannot be less than a reasonable royalty, together with
interest and costs as fixed by this Court under 35 U.S.C. § 284.
COUNT II
(INFRINGEMENT OF U.S. PATENT NO. 6,466,236)
14.
SmartPhone incorporates paragraphs 1 through 8 herein by reference.
15.
SmartPhone is the exclusive licensee of the ’236 patent, entitled “SYSTEM AND
METHOD FOR DISPLAYING AND MANIPULATING MULTIPLE CALENDARS ON A
PERSONAL DIGITAL ASSISTANT,” with ownership of all substantial rights in the ’236
patent, including the right to exclude others and to enforce, sue and recover damages for past and
future infringements. A true and correct copy of the ’236 patent is attached as Exhibit B.
16.
The ’236 patent is valid, enforceable and was duly issued in full compliance with
Title 35 of the United States Code.
17.
HTC is directly and/or indirectly infringing one or more claims of the ’236 patent
in this judicial district and elsewhere in Texas, including claim 1, without the consent or
authorization of SmartPhone, by or through making, using, offering for sale, selling and/or
importing computerized communication devices, including, without limitation, the HTC
Incredible S, Inspire 4G, and Jetstream. HTC and persons who acquire and use such devices
have, at a minimum, directly infringed the ’236 patent, and HTC is thereby liable for direct
and/or indirect infringement of the ’236 patent pursuant to 35 U.S.C. § 271. HTC is, and has
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been, aware of the ’236 patent, has pre-suit knowledge of the infringing nature of its activities,
and has nevertheless continued its infringing conduct.
18.
AT&T is directly and/or indirectly infringing one or more claims of the ’236
patent in this judicial district and elsewhere in Texas, including claim 1, without the consent or
authorization of SmartPhone, by or through making, using, offering for sale, selling and/or
importing computerized communication devices, including, without limitation, the HTC Inspire
4G and Jetstream. AT&T and persons who acquire and use such devices have, at a minimum,
directly infringed the ’236 patent, and HTC is thereby liable for direct and/or indirect
infringement of the ’236 patent pursuant to 35 U.S.C. § 271.
19.
On information and belief, HTC and AT&T make, use, offer for sale, sell and/or
import the aforementioned infringing computerized communication devices pursuant to one or
more contractual agreements between them relating to, at least, the distribution and sale of such
devices.
Accordingly, HTC and AT&T are jointly and severally liable for infringements
described in this Count.
20.
SmartPhone has been damaged as a result of Defendants’ infringing conduct
described in this Count. Defendants are, thus, liable to SmartPhone in an amount that adequately
compensates it for Defendants’ infringements, which, by law, cannot be less than a reasonable
royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
COUNT III
(INFRINGEMENT OF U.S. PATENT NO. 6,928,300)
21.
SmartPhone incorporates paragraphs 1 through 8 herein by reference.
22.
SmartPhone is the exclusive licensee of the ’300 patent, entitled “METHOD AND
APPARATUS FOR AUTOMATED FLEXIBLE CONFIGURING OF NOTIFICATIONS AND
ACTIVATION,” with ownership of all substantial rights in the ’300 patent, including the right to
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exclude others and to enforce, sue and recover damages for past and future infringements. A true
and correct copy of the ’300 patent is attached as Exhibit C.
23.
The ’300 patent is valid, enforceable and was duly issued in full compliance with
Title 35 of the United States Code.
24.
HTC is directly and/or indirectly infringing one or more claims of the ’300 patent
in this judicial district and elsewhere in Texas, including claim 1, without the consent or
authorization of SmartPhone, by or through making, using, offering for sale, selling and/or
importing computerized communication devices, including, without limitation, the HTC
Incredible S, Inspire 4G, Freestyle, and Jetstream. HTC and persons who acquire and use such
devices have, at a minimum, directly infringed the ’300 patent, and HTC is thereby liable for
direct and/or indirect infringement of the ’300 patent pursuant to 35 U.S.C. § 271. HTC is, and
has been, aware of the ’300 patent, has pre-suit knowledge of the infringing nature of its
activities, and has nevertheless continued its infringing conduct.
25.
AT&T is directly and/or indirectly infringing one or more claims of the ’300
patent in this judicial district and elsewhere in Texas, including claim 1, without the consent or
authorization of SmartPhone, by or through making, using, offering for sale, selling and/or
importing computerized communication devices, including, without limitation, the HTC Inspire
4G, Freestyle, and Jetstream. AT&T and persons who acquire and use such devices have, at a
minimum, directly infringed the ’300 patent, and HTC is thereby liable for direct and/or indirect
infringement of the ’300 patent pursuant to 35 U.S.C. § 271.
26.
On information and belief, HTC and AT&T make, use, offer for sale, sell and/or
import the aforementioned infringing computerized communication devices pursuant to one or
more contractual agreements between them relating to, at least, the distribution and sale of such
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devices.
Accordingly, HTC and AT&T are jointly and severally liable for infringements
described in this Count.
27.
SmartPhone has been damaged as a result of Defendants’ infringing conduct
described in this Count. Defendants are, thus, liable to SmartPhone in an amount that adequately
compensates it for Defendants’ infringements, which, by law, cannot be less than a reasonable
royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
COUNT IV
(INFRINGEMENT OF U.S. PATENT NO. 6,956,562)
28.
SmartPhone incorporates paragraphs 1 through 8 herein by reference.
29.
SmartPhone is the exclusive licensee of the ’562 patent, entitled “METHOD FOR
CONTROLLING A HANDHELD COMPUTER BY ENTERING COMMANDS ONTO A
DISPLAYED FEATURE OF THE HANDHELD COMPUTER,” with ownership of all
substantial rights in the ’562 patent, including the right to exclude others and to enforce, sue and
recover damages for past and future infringements. A true and correct copy of the ’562 patent is
attached as Exhibit D.
30.
The ’562 patent is valid, enforceable and was duly issued in full compliance with
Title 35 of the United States Code.
31.
HTC is directly and/or indirectly infringing one or more claims of the ’562 patent
in this judicial district and elsewhere in Texas, including claim 47, without the consent or
authorization of SmartPhone, by or through making, using, offering for sale, selling and/or
importing computerized communication devices, including, without limitation, the HTC
Incredible S, Inspire 4G, and Jetstream. HTC and persons who acquire and use such devices
have, at a minimum, directly infringed the ’562 patent, and HTC is thereby liable for direct
and/or indirect infringement of the ’562 patent pursuant to 35 U.S.C. § 271. HTC is, and has
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been, aware of the ’562 patent, has pre-suit knowledge of the infringing nature of its activities,
and has nevertheless continued its infringing conduct.
32.
AT&T is directly and/or indirectly infringing one or more claims of the ’562
patent in this judicial district and elsewhere in Texas, including claim 47, without the consent or
authorization of SmartPhone, by or through making, using, offering for sale, selling and/or
importing computerized communication devices, including, without limitation, the HTC Inspire
4G and Jetstream. AT&T and persons who acquire and use such devices have, at a minimum,
directly infringed the ’562 patent, and HTC is thereby liable for direct and/or indirect
infringement of the ’562 patent pursuant to 35 U.S.C. § 271.
33.
On information and belief, HTC and AT&T make, use, offer for sale, sell and/or
import the aforementioned infringing computerized communication devices pursuant to one or
more contractual agreements between them relating to, at least, the distribution and sale of such
devices.
Accordingly, HTC and AT&T are jointly and severally liable for infringements
described in this Count.
34.
SmartPhone has been damaged as a result of Defendants’ infringing conduct
described in this Count. Defendants are, thus, liable to SmartPhone in an amount that adequately
compensates it for Defendants’ infringements, which, by law, cannot be less than a reasonable
royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
JURY DEMAND
SmartPhone hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of
Civil Procedure.
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PRAYER FOR RELIEF
SmartPhone requests that the Court find in its favor and against AT&T and HTC, and that
the Court grant SmartPhone the following relief:
a.
Judgment that one or more claims of the ’217, ’236, ’300, and/or ’562 patents
have been infringed, either literally and/or under the doctrine of equivalents, by
Defendants and/or by others to whose infringements Defendants has contributed
and/or by others whose infringements have been induced by Defendants;
b.
Judgment that Defendants account for and pay to SmartPhone all damages to and
costs incurred by SmartPhone because of Defendants’ infringing activities and
other conduct complained of herein;
c.
Judgment that Defendants account for and pay to SmartPhone a reasonable, ongoing, post judgment royalty because of Defendants’ infringing activities and
other conduct complained of herein;
d.
That SmartPhone be granted pre-judgment and post-judgment interest on the
damages caused by Defendants’ infringing activities and other conduct
complained of herein; and
e.
That SmartPhone be granted such other and further relief as the Court may deem
just and proper under the circumstances.
Dated: October 31, 2011
Respectfully submitted,
/s/ Edward R. Nelson, III (w/permission Johnny Ward)
Edward R. Nelson, III
enelson@nbclaw.net
Texas State Bar No. 00797142
Christie B. Lindsey
clindsey@nbclaw.net
Texas State Bar No. 24041918
NELSON BUMGARDNER CASTO, P.C.
3131 West 7th Street, Suite 300
Fort Worth, Texas 76107
Phone: (817) 377-9111
Fax: (817) 377-3485
Anthony G. Simon
asimon@simonlawpc.com
Timothy E. Grochocinski
teg@simonlawpc.com
THE SIMON LAW FIRM, P.C.
9
701 Market Ste 1450
St. Louis MO 63101
Phone: (314) 241-2929
Fax: (314) 241-2029
T. John Ward, Jr.
Texas State Bar No. 00794818
J. Wesley Hill
Texas State Bar No. 24032294
WARD & SMITH LAW FIRM
111 W. Tyler Street
Longview, Texas 75601
(903) 757-6400
(903) 757-2323 (fax)
jw@wsfirm.com
wh@wsfirm.com
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