Summit 6 LLC v. HTC Corporation, et al

Filing 1

COMPLAINT WITH JURY DEMAND against All Defendants filed by Summit 6 LLC. (Filing fee $400; Receipt number 0539-5857356) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Cover Sheet) (Cawley, Douglas) Filing fee receipt modified on 2/18/2014 (twd).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
SUMMIT 6 LLC,
Plaintiff,
v.
HTC CORPORATION,
HTC AMERICA, INC.,
LG ELECTRONICS, INC.,
LG ELECTRONICS USA, INC.,
LG ELECTRONICS MOBILECOMM
USA, INC.,
MOTOROLA MOBILITY LLC,
APPLE INC., and
TWITTER INC.,
Defendants.

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CIVIL ACTION NO. 7:14-cv-00014

JURY TRIAL DEMANDED

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Summit 6 LLC (“Summit 6”) files this Original Complaint for Patent
Infringement against Defendants HTC Corporation (“HTC Corp.”), HTC America, Inc. (“HTC
America”), LG Electronics, Inc. (“LGE Inc.”), LG Electronics USA, Inc. (“LGE USA”), LG
Electronics Mobilecomm USA, Inc. (“LGE MobileComm”), Motorola Mobility LLC
(“Motorola”), Apple Inc. (“Apple”), and Twitter Inc. (“Twitter”) (HTC Corp., HTC America,
LGE Inc., LGE USA, LGE MobileComm, Motorola, Apple, and Twitter, collectively
“Defendants”) and allege as follows:
BACKGROUND
1.

For approximately two decades, Summit 6 and its predecessor companies

PictureWorks and AdMission have pioneered the development of numerous digital content
technologies, resulting in several patents. When the first digital cameras came to the U.S. market
in the early 1990s, the inventors, while working at a company called PictureWorks, developed

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image-transfer software that allowed users to transfer pictures from their cameras to their
computers. Through its partnerships with Kodak, Casio, Epson, Fuji and others, PictureWorks
was able to bundle its software with the leading digital imagery hardware of the day, reaching
users all across America.
2.

Although their camera-to-computer software was successful, the inventors

recognized the next hurdle users would face: sharing images with others over a network.
Noticing the difficulties the digital imaging industry encountered on this front, the inventors
devoted their expertise to developing a simple solution to this problem. This solution culminated
in the ideas patented in U.S. Patent Nos. 6,895,557 (“the ’557 Patent”), 7,765,482 (“the ’482
Patent”), and 8,612,515 (“the ’515 Patent”) (collectively “the Patents-in-Suit”).
3.

Summit 6’s patented ideas help countless users and companies easily and

efficiently transfer digital content such as digital photos.

Websites and smartphone

manufacturers such as eBay, Facebook, The Dallas Morning News, Cars.com, Yellowpages.com,
The New York Times, Photobucket, and Blackberry (formerly Research in Motion) have all
recognized the value associated with Summit 6’s technology and have taken licenses to the
Patents-in-Suit. And in April 2013, a jury validated Summit 6’s innovation by finding that the
multimedia messaging service (“MMS”) on Samsung’s phones infringed Summit 6’s ’482
Patent.
PARTIES
4.

Plaintiff Summit 6 is a Delaware limited liability company with its principal place

of business at 14850 Quorum Drive, Suite 325, Dallas, Texas 75254.
5.

Defendant HTC Corp. is a Taiwanese corporation with its principal place of

business at No. 88, Section 3, Zhongxing Road, Xindian District, New Taipei City, 231, Taiwan.
HTC Corp. designs, manufactures, uses, imports into the United States, sells, and/or offers for
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sale in the United States cell phones, tablets, and other computing devices that obtain digital
content, pre-process it, and transmit it to another device, server, or location via multimedia
messages (“MMS messages”), applications, Application Programing Interfaces (“APIs”), and/or
functionality added to the native content sharing options (collectively “upload services and/or
devices”). HTC Corp.’s upload services and/or devices are marketed, offered for sale, and/or
sold throughout the United States, including within this District. HTC Corp. can be served with
process by way of letters rogatory, in accordance with Fed. R. Civ. P. 4(f).
6.

Defendant HTC America is a Washington corporation with its principal place of

business at 13920 SE Eastgate Way, Suite 400, Bellevue, Washington 98005. HTC America
designs, manufactures, uses, imports into the United States, sells, and/or offers for sale in the
United States cell phones, tablets, and other computing devices that obtain digital content, preprocess it, and transmit it to another device, server, or location via multimedia messages (“MMS
messages”), applications, Application Programing Interfaces (“APIs”), and/or functionality
added to the native content sharing options (collectively “upload services and/or devices”). HTC
America’s upload services and/or devices are marketed, offered for sale, and/or sold throughout
the United States, including within this District. HTC America can be served with process by
serving National Registered Agents, Inc., 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
7.

Defendant LGE Inc. is a Korean corporation with its principal place of business at

LG Twin Tower 128, Yeoui-daero, Yengdeungpo-gu, Seoul 150-721, Korea. LGE Inc. designs,
manufactures, uses, imports into the United States, sells, and/or offers for sale in the United
States cell phones, tablets, and other computing devices that obtain digital content, pre-process it,
and transmit it to another device, server, or location via multimedia messages (“MMS
messages”), applications, Application Programing Interfaces (“APIs”), and/or functionality
added to the native content sharing options (collectively “upload services and/or devices”). LGE
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Inc.’s upload services and/or devices are marketed, offered for sale, and/or sold throughout the
United States, including within this District. LGE Inc. can be served with process, by serving in
accordance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial
Documents, in accordance with Fed. R. Civ. P. 4(f).
8.

Defendant LGE USA is a Delaware corporation with its principal place of

business at 920 Sylvan Avenue, Englewood Cliffs, New Jersey 07632. LGE USA designs,
manufactures, uses, imports into the United States, sells, and/or offers for sale in the United
States cell phones, tablets, and other computing devices that obtain digital content, pre-process it,
and transmit it to another device, server, or location via multimedia messages (“MMS
messages”), applications, Application Programing Interfaces (“APIs”), and/or functionality
added to the native content sharing options (collectively “upload services and/or devices”). LGE
USA’s upload services and/or devices are marketed, offered for sale, and/or sold throughout the
United States, including within this District. LGE USA can be served with process by serving
United States Corporation Company, 211 E. 7th Street Suite 620, Austin, Texas 78701.
9.

Defendant LGE MobileComm is a California corporation with its principal place

of business at 10101 Old Grove Road, San Diego, CA 92131. LGE MobileComm designs,
manufactures, uses, imports into the United States, sells, and/or offers for sale in the United
States cell phones, tablets, and other computing devices that obtain digital content, pre-process it,
and transmit it to another device, server, or location via multimedia messages (“MMS
messages”), applications, Application Programing Interfaces (“APIs”), and/or functionality
added to the native content sharing options (collectively “upload services and/or devices”). LGE
MobileComm’s upload services and/or devices are marketed, offered for sale, and/or sold
throughout the United States, including within this District. LGE MobileComm can be served

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with process by serving National Registered Agents, Inc., 1999 Bryan Street, Suite 900, Dallas,
Texas 75201.
10.

Defendant Motorola is a Delaware corporation with its principal place of business

at 600 North U.S. Highway 45, Libertyville, Illinois 60048. Motorola designs, manufactures,
uses, imports into the United States, sells, and/or offers for sale in the United States cell phones,
tablets, and other computing devices that obtain digital content, pre-process it, and transmit it to
another device, server, or location via multimedia messages (“MMS messages”), applications,
Application Programing Interfaces (“APIs”), and/or functionality added to the native content
sharing options (collectively “upload services and/or devices”). Motorola’s upload services
and/or devices are marketed, offered for sale, and/or sold throughout the United States, including
within this District. Motorola can be served with process by serving CT Corporation System,
1999 Bryan Street, Suite 900, Dallas, Texas 75201.
11.

Defendant Apple is a California corporation, with its principal place of business at

1 Infinite Loop, M/S 38-3TX, Cupertino, California 95014. Apple designs, manufactures, uses,
imports into the United States, sells, and/or offers for sale in the United States cell phones,
tablets, and other computing devices that obtain digital content, pre-process it, and transmit it to
another device, server, or location via multimedia messages (“MMS messages”), iMessages,
applications, Application Programing Interfaces (“APIs”), and/or functionality added to the
native content sharing options (collectively “upload services and/or devices”). Apple’s upload
services and/or devices are marketed, offered for sale, and/or sold throughout the United States,
including within this District. Apple can be served with process by serving CT Corporation
System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
12.

Defendant Twitter is a Delaware corporation, with its principal place of business

at 1355 Market Street, Suite 900, San Francisco, California 94103.
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Twitter designs,
PAGE 5

manufactures, uses, imports into the United States, sells, and/or offers for sale in the United
States services, servers, applications, Application Programming Interfaces (“APIs”), and/or
functionality added to the native content sharing options within cell phones, tablets, and other
computing devices that transmit pre-processing parameters; receive pre-processed digital
content; obtain digital content, pre-process it, and transmit it to another device, server, or
location; and/or distribute pre-processed digital content to a another device, server, or location
(collectively “upload services”). Twitter makes, uses, sells, imports, and/or offers applications,
APIs, and/or functionality added to the native content sharing options for devices from codefendants HTC Corp., HTC America, LGE Inc., LGE USA, LGE MobileComm, Motorola, and
Apple. Twitter’s upload services are marketed, offered for sale, and/or sold throughout the
United States, including within this District. Twitter can be served with process by way of the
Texas Secretary of State, in accordance with Fed. R. Civ. P. 4(h).
JURISDICTION AND VENUE
13.

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

United States, 35 U.S.C. § 101 et seq., including 35 U.S.C. §§ 271 and 281-285. Jurisdiction is
conferred on this Court pursuant to 28 U.S.C. §§ 1331 and 1338.
14.

Venue is proper in the Wichita Falls Division of the Northern District of Texas

pursuant to 28 U.S.C. §§ 1391 and 1400(b).
15.

This Court has personal jurisdiction over Defendants. Defendants have conducted

and do conduct business within the State of Texas. Defendants, directly or through subsidiaries
or intermediaries (including distributors, retailers, and others), ship, distribute, offer for sale, sell,
design, manufacture, and advertise products and/or services that infringe the Patents-in-Suit in
the United States, the State of Texas, and the Northern District of Texas. Defendants, directly
and through subsidiaries and intermediaries, have purposefully and voluntarily placed one or
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more of their infringing upload services and/or devices, as described below, into the stream of
commerce with the expectation that they will be purchased and used by consumers in the
Northern District of Texas. These infringing upload services and/or devices have been and
continue to be purchased and used by consumers in the Northern District of Texas. Defendants
have committed acts of patent infringement with the State of Texas and, more particularly,
within the Northern District of Texas.
THE ASSERTED PATENTS
16.

On May 17, 2005, the U.S. Patent and Trademark Office duly and legally issued

U.S. Patent No. 6,895,557, entitled “Web-Based Media Submission Tool,” to Lisa T. Wood,
Scott M. Lewis, and Robin T. Fried. Summit 6 is the owner by assignment of the ’557 Patent
and possesses all rights of recovery under the ’557 Patent. A true and correct copy of the ’557
Patent is attached hereto as Exhibit A and incorporated herein by reference.
17.

On July 27, 2010, the U.S. Patent and Trademark Office duly and legally issued

U.S. Patent No. 7,765,482, entitled “Web-Based Media Submission Tool,” to Lisa T. Wood,
Scott M. Lewis, and Robin T. Fried. Summit 6 is the owner by assignment of the ’482 Patent
and possesses all rights of recovery under the ’482 Patent. A true and correct copy of the ’482
Patent is attached hereto as Exhibit B and incorporated herein by reference.
18.

On December 17, 2013, The U.S. Patent and Trademark Office duly and legally

issued U.S. Patent No. 8,612,515, entitled “System, Method, and Apparatus for Media
Submission,” to Lisa T. Wood, Scott M. Lewis, and Robin T. Fried. Summit 6 is the owner by
assignment of the ’515 Patent and possesses all rights of recovery under the ’515 Patent. A true
and correct copy of the ’515 Patent is attached hereto as Exhibit C and incorporated herein by
reference.
19.

The Patents-in-Suit are valid and enforceable.

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GENERAL ALLEGATIONS
20.

Defendants have and continue to make, use, import into the United States, market,

offer for sale, and/or sell in the United States upload services and/or devices that infringe the
Patents-in-Suit, and/or induce or contribute to the infringement of the Patents-in-Suit by others,
including other co-defendants and end users.
21.

Summit 6 has been damaged as a result of Defendants’ infringing conduct.

Defendants are therefore liable to Summit 6 in an amount that adequately compensates Summit 6
for Defendants’ infringement, 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 I
Infringement of the ’482 Patent
22.

Summit 6 repeats and realleges the allegations in paragraphs 1-21 as though fully

set forth herein.
HTC Corp. Infringes the ’482 Patent
23.

HTC Corp. has and continues to directly infringe the ’482 Patent by making,

using, selling, offering for sale, or importing into the United States products and/or methods
covered by at least claims 1, 4, 6, 8-10, 12-14, 16-19, 21-23, 25, 35, 38, 40-42, 44-46, and 49-50
of the ’482 Patent (hereinafter the “’482 HTC Asserted Claims”), including, but not limited to
HTC Corp.’s upload services and/or devices. The accused upload services and/or devices that
infringe one or more of the above-listed claims include, but are not limited to, at least the
following: Desire, One, One max, One mini, Droid DNA, Evo 4G LTE, Droid Incredible 4G
LTE, One SV, One X+, Desire C, One X, One VX, One S, One V, EVO Design 4G, Vivid,
Rezound, Rhyme, Sensation, Hero S, and any other HTC Corp. mobile device capable of
obtaining digital content, pre-processing it, and transmitting it to another device, server, or
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location; the HTC Messaging Application, including its MMS functionality; HTC Corp.’s
Messaging-related APIs; the integrated Twitter content upload functionality; and the MMS-toTwitter functionality. Further discovery may reveal additional infringing products, models,
and/or functionality.
24.

HTC Corp. makes, uses, sells, offers for sale, or imports into the United States

these upload services and/or devices and thus directly infringes at least the ’482 HTC Asserted
Claims. Upon information and belief, HTC Corp. also uses these upload services and/or devices
via its internal use and testing in the United States, directly infringing each of the ’482 HTC
Asserted Claims. HTC Corp. also directly infringes the ’482 HTC Asserted Claims when its
mobile devices execute the code responsible for the operation of the accused upload services
and/or devices.
25.

HTC Corp. has and continues to induce and contribute to infringement of the ’482

Patent by intending that others make, use, import into, offer for sale, or sell in the United States,
products and/or methods covered by the ’482 HTC Asserted Claims, including, but not limited to
HTC Corp.’s upload services and/or devices listed above. HTC Corp. provides these upload
services and/or devices to others, such as manufacturers, customers, resellers, and end-use
consumers who in turn use, offer for sale, or sell in the United States these upload services
and/or devices that infringe the ’482 HTC Asserted Claims.
26.

HTC Corp. indirectly infringes the ’482 Patent by inducing infringement by

others, such as manufacturers, customers, resellers, and end-use customers, in accordance with
35 U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. HTC Corp. received notice of the ’482
Patent at least as of the date this lawsuit was filed. HTC Corp. provides the accused upload
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services and/or devices to others, such as manufacturers, customers, resellers, and/or end-use
customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
and/or devices to infringe the ’482 Patent. Through its manufacture and sale of the accused
upload services and/or devices, HTC Corp. specifically intended its manufacturers, customers,
resellers, and/or end-use customers to infringe the ’482 Patent.
27.

HTC Corp. specifically intends for others, such as manufacturers, customers,

resellers, and end-use customers, to directly infringe the ’482 HTC Asserted Claims in the
United States. For example, HTC Corp. provides instructions to manufacturers, customers,
resellers and end-use customers regarding the use and operation of HTC Corp.’s products in an
infringing way. Such instructions include at least “HTC Desire 601 User Guide,” 1 “Your HTC
One User Guide,” 2 “HTC One Max User Guide,” 3 and other similar user guides and support
documentation available on HTC Corp.’s support website. 4 When manufacturers, customers,
resellers, and end-use customers follow such instructions, they directly infringe the ’482 HTC
Asserted Claims.

HTC Corp. knows that by providing such instructions, manufacturers,

customers, resellers, and end-use customers follow those instructions, and directly infringe the
’482 HTC Asserted Claims. HTC Corp. thus knows that its actions actively induce infringement.
HTC Corp. performed the acts that constitute induced infringement, and would induce actual
infringement, with the knowledge of the ’482 Patent, and with knowledge or willful blindness
that the induced acts would constitute infringement.
28.

HTC Corp. indirectly infringes the ’482 Patent, by contributing to infringement

by others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
1

Available on HTC Corp.’s website at
http://dl4.htc.com/web_materials/Manual/HTC_Desire_601/HTC_Desire_601_Virgin_Mobile_User_Guide.pdf.
2
Available on HTC Corp.’s website at
http://dl4.htc.com/web_materials/Manual/HTC_One/HTC_One_ATT_User_Guide.pdf.
3
Available on HTC Corp.’s website at
http://dl4.htc.com/web_materials/Manual/HTC_One_max/HTC_One_max_Sprint_User_Guide.pdf.
4
See http://www.htc.com/us/support/.
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271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. HTC Corp. received notice of the ’482 Patent at least as of the date this
lawsuit was filed.
29.

HTC Corp.’s upload services and/or devices allow for the obtaining of digital

content, pre-processing it, and transmitting it to another device, server, or location. When the
accused upload services and/or devices are used to send digital content of a certain size and/or
dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
devices must necessarily pre-process and transmit digital media in an infringing manner. Upon
information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
30.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on HTC Corp.’s upload services and/or devices.
31.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
32.

HTC Corp.’s accused upload services and/or devices, with the ability to obtain

digital content, pre-process it, and transmit it to another device, server, or location, are each a
material part of the invention of the ’482 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
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The accused upload services and/or devices are especially made or adapted to infringe the ’482
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’482 Patent, HTC Corp.’s sales of its infringing products
have no substantial non-infringing uses.
33.

Accordingly, a reasonable inference is that HTC Corp. offers to sell, or sells

within the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’482 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
34.

HTC Corp.’s acts have caused, and unless restrained and enjoined, will continue

to cause irreparable injury and damage to Summit 6 and its affiliates for which there is no
adequate remedy at law. Unless enjoined by this Court, HTC Corp. will continue to infringe the
’482 Patent.
HTC America Infringes the ’482 Patent
35.

HTC America has and continues to directly infringe the ’482 Patent by making,

using, selling, offering for sale, or importing into the United States products and/or methods
covered by the ’482 HTC Asserted Claims, including, but not limited to HTC America’s upload
services and/or devices. The accused upload services and/or devices that infringe one or more of
the above-listed claims include, but are not limited to, at least the following: Desire, One, One
max, One mini, Droid DNA, Evo 4G LTE, Droid Incredible 4G LTE, One SV, One X+, Desire
C, One X, One VX, One S, One V, EVO Design 4G, Vivid, Rezound, Rhyme, Sensation, Hero
S, and any other HTC America mobile device capable of obtaining digital content, preprocessing it, and transmitting it to another device, server, or location; the HTC Messaging
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Application, including its MMS functionality; HTC America’s Messaging-related APIs; the
integrated Twitter content upload functionality; and the MMS-to-Twitter functionality. Further
discovery may reveal additional infringing products, models, and/or functionality.
36.

HTC America makes, uses, sells, offers for sale, or imports into the United States

these upload services and/or devices and thus directly infringes at least the ’482 HTC Asserted
Claims. Upon information and belief, HTC America also uses these upload services and/or
devices via its internal use and testing in the United States, directly infringing each of the ’482
HTC Asserted Claims. HTC America also directly infringes the ’482 HTC Asserted Claims
when its mobile devices execute the code responsible for the operation of the accused upload
services and/or devices.
37.

HTC America has and continues to induce and to contribute to infringement of

the ’482 Patent by intending that others make, use, import into, offer for sale, or sell in the
United States, products and/or methods covered by the ’482 HTC Asserted Claims, including,
but not limited to HTC America’s upload services and/or devices listed above. HTC America
provides these upload services and/or devices to others, such as manufacturers, customers,
resellers, and end-use consumers who in turn use, offer for sale, or sell in the United States these
upload services and/or devices that infringe the ’482 HTC Asserted Claims.
38.

HTC America indirectly infringes the ’482 Patent by inducing infringement by

others, such as manufacturers, customers, resellers, and end-use customers, in accordance with
35 U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. HTC America received notice of the
’482 Patent at least as of the date this lawsuit was filed. HTC America provides at least the
accused upload services and/or devices to others, such as manufacturers, customers, resellers,
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and/or end-use customers, in the United States, who, in turn, offer for sale, sell, or use these
upload services and/or devices to infringe the ’482 Patent. Through its manufacture and sale of
the accused upload services and/or devices, HTC America specifically intended its
manufacturers, customers, resellers, and/or end-use customers to infringe the ’482 Patent.
39.

HTC America specifically intends for others, such as manufacturers, customers,

resellers, and end-use customers, to directly infringe the ’482 HTC Asserted Claims in the
United States. For example, HTC America provides instructions to manufacturers, customers,
resellers and end-use customers regarding the use and operation of HTC America’s products in
an infringing way. Such instructions include at least “HTC Desire 601 User Guide,” 5 “Your
HTC One User Guide,” 6 “HTC One Max User Guide,” 7 and other similar user guides and
support documentation available on HTC America’s support website. 8 When manufacturers,
customers, resellers, and end-use customers follow such instructions, they directly infringe the
’482 HTC Asserted Claims.

HTC America knows that by providing such instructions,

manufacturers, customers, resellers, and end-use customers follow those instructions, and
directly infringe the ’482 HTC Asserted Claims. HTC America thus knows that its actions
actively induce infringement.

HTC America performed the acts that constitute induced

infringement, and would induce actual infringement, with the knowledge of the ’482 Patent, and
with knowledge or willful blindness that the induced acts would constitute infringement.
40.

HTC America indirectly infringes the ’482 Patent, by contributing to infringement

by others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
5

Available on HTC America’s website at
http://dl4.htc.com/web_materials/Manual/HTC_Desire_601/HTC_Desire_601_Virgin_Mobile_User_Guide.pdf.
6
Available on HTC America’s website at
http://dl4.htc.com/web_materials/Manual/HTC_One/HTC_One_ATT_User_Guide.pdf.
7
Available on HTC America’s website at
http://dl4.htc.com/web_materials/Manual/HTC_One_max/HTC_One_max_Sprint_User_Guide.pdf.
8
See http://www.htc.com/us/support/.
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activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. HTC America received notice of the ’482 Patent at least as of the date
this lawsuit was filed.
41.

HTC America’s upload services and/or devices allow for the obtaining of digital

content, pre-processing it, and transmitting it to another device, server, or location. When the
accused upload services and/or devices are used to send digital content of a certain size and/or
dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
devices must necessarily pre-process and send digital media in an infringing manner. Upon
information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
42.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on HTC America’s upload services and/or
devices.
43.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
44.

HTC America’s accused upload services and/or devices, with the ability to obtain

digital content, pre-process it, and transmit it to another device, server, or location, are each a
material part of the invention of the ’482 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
McKool 950190v2

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The accused upload services and/or devices are especially made or adapted to infringe the ’482
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’482 Patent, HTC America’s sales of its infringing products
have no substantial non-infringing uses.
45.

Accordingly, a reasonable inference is that HTC America offers to sell, or sells

within the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’482 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
46.

HTC America’s acts have caused, and unless restrained and enjoined, will

continue to cause irreparable injury and damage to Summit 6 and its affiliates for which there is
no adequate remedy at law. Unless enjoined by this Court, HTC America will continue to
infringe the ’482 Patent.
LGE Inc. Infringes the ’482 Patent
47.

LGE Inc. has and continues to directly infringe the ’482 Patent by making, using,

selling, offering for sale, or importing into the United States products and/or methods covered by
claims 1, 4, 6, 8-10, 12-14, 16-19, 21-23, 25, 35, 38, 40-42, 44-46, and 49-50 of the ’482 Patent
(hereinafter the “’482 LGE Asserted Claims”), including, but not limited to LGE Inc.’s upload
services and/or devices. The accused upload services and/or devices that infringe one or more of
the above-listed claims include, but are not limited to, at least the following: D820 Red, Optimus
F3Q D520, G Flex AT&T D950, G Flex T-Mobile D959, G Flex Sprint LS995, G2 Verizon
VS980 White, D820 T-Mobile Black, D820 Sprint Black, D820 Sprint White, G2 Verizon
VS980, G2 AT&T D800, G2 T-Mobile D801, G2 Sprint LS980, G2 Sprint LS980 White, G2
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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AT&T D800 White, D2 T-Mobile D801 White, Wine III UN530, Optimus F6 MS500, Optimus
F6 D500, Enact VS890, Exalt VN360, Optimus F3 MS659, Optimus F3 P659, Optimus F3
VM720, Rumor Reflex S LN272S Blue, Rumor Reflex S LN272S Red, Fluid AN160, Optimus
F7 LG870, Optimus F3 LS720 Titanium Silver, Optimus F7 US780, Optimus F3 LS720 Purple,
LGE960W, Optimus F5 AS870, Optimus G Pro E980, Optimus G Pro E980 White, Envoy II
UN160, Optimus Exceed VS840PP, Revere 2 VN150S, Cosmos 3 VN251S, Optimus Zone
VS410PP, Lucid2 VS870, Spirit 4G MS870, LGE960, Optimus REGARD LW770, Mach
LS860, Optimus G LS970, Optimus L9 P769, Freedom UN272, Optimus G E970, Venice
LG730, Escape P870, Spectrum 2 VS930, Splendor US730, Intuition VS950, Motion 4G
MS770, Optimus Zip LGL75C, Optimus Plus AS695, Optimus Elite VM696, Elite LS696, Viper
LS840, Xpression C395, A340, Rumor Reflex LG272, Rumor Reflex LN272, Optimus M+
MS695, Lucid VS840, Spectrum VS920, Connect 4G MS840, Extravert VN271, Optimus Net
L45C, and any other LGE Inc. mobile device capable of obtaining digital content, pre-processing
it, and transmitting it to another device, server, or location; the LG Messaging Application,
including its MMS functionality; LGE Inc.’s Messaging-related APIs; the integrated Twitter
content upload functionality; and the MMS-to-Twitter functionality. Further discovery may
reveal additional infringing products, models, and/or functionality.
48.

LGE Inc. makes, uses, sells, offers for sale, or imports into the United States these

upload services and/or devices and thus directly infringes at least the ’482 LGE Asserted Claims.
Upon information and belief, LGE Inc. also uses these upload services and/or devices via its
internal use and testing in the United States, directly infringing each of the’482 LGE Asserted
Claims. LGE Inc. also directly infringes the ’482 LGE Asserted Claims when its mobile devices
execute the code responsible for the operation of the accused upload services and/or devices.

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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PAGE 17

49.

LGE Inc. has and continues to induce and to contribute to infringement of the

’482 Patent by intending that others make, use, import into, offer for sale, or sell in the United
States, products and/or methods covered by the ’482 LGE Asserted Claims, including, but not
limited to LGE Inc.’s upload services and/or devices listed above. LGE Inc. provides these
upload services and/or devices to others, such as manufacturers, customers, resellers, and enduse consumers who in turn use, offer for sale, or sell in the United States these upload services
and/or devices that infringe the ’482 LGE Asserted Claims.
50.

LGE Inc. indirectly infringes the ’482 Patent by inducing infringement by others,

such as manufacturers, customers, resellers, and end-use customers, in accordance with 35
U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. LGE Inc. received notice of the ’482
Patent at least as of the date this lawsuit was filed. LGE Inc. provides at least the accused upload
services and/or devices to others, such as manufacturers, customers, resellers, and/or end-use
customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
and/or devices to infringe the ’482 Patent. Through its manufacture and sale of the accused
upload services and/or devices, LGE Inc. specifically intended its manufacturers, customers,
resellers, and/or end-use customers to infringe the ’482 Patent.
51.

LGE Inc. specifically intends for others, such as manufacturers, customers,

resellers, and end-use customers, to directly infringe the ’482 LGE Asserted Claims in the United
States. For example, LGE Inc. provides instructions to manufacturers, customers, resellers and
end-use customers regarding the use and operation of LGE Inc.’s products in an infringing way.
Such instructions include at least “LG G2 User Guide,” 9 “User Guide, LG Optimus F3,” 10

9

Available on LGE Inc.’s website at http://www.lg.com/us/support/software-manuals#.

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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“Owner’s Manual, LG Envoy II,” 11 and other similar user guides and support documentation
available on LGE Inc.’s support website. 12 When manufacturers, customers, resellers, and enduse customers follow such instructions, they directly infringe the ’482 LGE Asserted Claims.
LGE Inc. knows that by providing such instructions, manufacturers, customers, resellers, and
end-use customers follow those instructions, and directly infringe the ’482 LGE Asserted
Claims. LGE Inc. thus knows that its actions actively induce infringement. LGE Inc. performed
the acts that constitute induced infringement, and would induce actual infringement, with the
knowledge of the ’482 Patent, and with knowledge or willful blindness that the induced acts
would constitute infringement.
52.

LGE Inc. indirectly infringes the ’482 Patent, by contributing to infringement by

others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. LGE Inc. received notice of the ’482 Patent at least as of the date this
lawsuit was filed.
53.

LGE Inc.’s upload services and/or devices allow for the obtaining of digital

content, pre-processing it, and transmitting it to another device, server, or location. When the
accused upload services and/or devices are used to send digital content of a certain size and/or
dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
devices must necessarily pre-process and send digital media in an infringing manner. Upon
information and belief, the accused upload services and/or devices cannot operate in an

10

Available on LGE Inc.’s website at http://www.lg.com/us/support/software-manuals#.
Available on LGE Inc.’s website at http://www.lg.com/us/support/software-manuals#.
12
See http://www.lg.com/us/support.
11

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
54.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on LGE Inc.’s upload services and/or devices.
55.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
56.

LGE Inc.’s accused upload services and/or devices, with the ability to obtain

digital content, pre-process it, and transmit it to another device, server, or location, are each a
material part of the invention of the ’482 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
The accused upload services and/or devices are especially made or adapted to infringe the ’482
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’482 Patent, LGE Inc.’s sales of its infringing products have
no substantial non-infringing uses.
57.

Accordingly, a reasonable inference is that LGE Inc. offers to sell, or sells within

the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’482 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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PAGE 20

58.

LGE Inc.’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, LGE Inc. will continue to infringe the ’482
Patent.
LGE USA Infringes the ’482 Patent
59.

LGE USA has and continues to directly infringe the ’482 Patent by making,

using, selling, offering for sale, or importing into the United States products and/or methods
covered by the ’482 LGE Asserted Claims, including, but not limited to LGE USA’s upload
services and/or devices. The accused upload services and/or devices that infringe one or more of
the above-listed claims include, but are not limited to, at least the following: D820 Red, Optimus
F3Q D520, G Flex AT&T D950, G Flex T-Mobile D959, G Flex Sprint LS995, G2 Verizon
VS980 White, D820 T-Mobile Black, D820 Sprint Black, D820 Sprint White, G2 Verizon
VS980, G2 AT&T D800, G2 T-Mobile D801, G2 Sprint LS980, G2 Sprint LS980 White, G2
AT&T D800 White, D2 T-Mobile D801 White, Wine III UN530, Optimus F6 MS500, Optimus
F6 D500, Enact VS890, Exalt VN360, Optimus F3 MS659, Optimus F3 P659, Optimus F3
VM720, Rumor Reflex S LN272S Blue, Rumor Reflex S LN272S Red, Fluid AN160, Optimus
F7 LG870, Optimus F3 LS720 Titanium Silver, Optimus F7 US780, Optimus F3 LS720 Purple,
LGE960W, Optimus F5 AS870, Optimus G Pro E980, Optimus G Pro E980 White, Envoy II
UN160, Optimus Exceed VS840PP, Revere 2 VN150S, Cosmos 3 VN251S, Optimus Zone
VS410PP, Lucid2 VS870, Spirit 4G MS870, LGE960, Optimus REGARD LW770, Mach
LS860, Optimus G LS970, Optimus L9 P769, Freedom UN272, Optimus G E970, Venice
LG730, Escape P870, Spectrum 2 VS930, Splendor US730, Intuition VS950, Motion 4G
MS770, Optimus Zip LGL75C, Optimus Plus AS695, Optimus Elite VM696, Elite LS696, Viper
LS840, Xpression C395, A340, Rumor Reflex LG272, Rumor Reflex LN272, Optimus M+
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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PAGE 21

MS695, Lucid VS840, Spectrum VS920, Connect 4G MS840, Extravert VN271, Optimus Net
L45C, and any other LGE USA mobile device capable of obtaining digital content, preprocessing it, and transmitting it to another device, server, or location; the LG Messaging
Application, including its MMS functionality; LG USA’s Messaging-related APIs; the integrated
Twitter content upload functionality; and the MMS-to-Twitter functionality. Further discovery
may reveal additional infringing products, models, and/or functionality.
60.

LGE USA makes, uses, sells, offers for sale, or imports into the United States

these upload services and/or devices and thus directly infringes at least the ’482 LGE Asserted
Claims. Upon information and belief, LGE USA also uses these upload services and/or devices
via its internal use and testing in the United States, directly infringing each of the ’482 LGE
Asserted Claims. LGE USA also directly infringes the ’482 LGE Asserted Claims when its
mobile devices execute the code responsible for the operation of the accused upload services
and/or devices.
61.

LGE USA has and continues to induce and to contribute to infringement of the

’482 Patent by intending that others make, use, import into, offer for sale, or sell in the United
States, products and/or methods covered by the ’482 LGE Asserted Claims, including, but not
limited to LGE USA’s upload services and/or devices listed above. LGE USA provides these
upload services and/or devices to others, such as manufacturers, customers, resellers, and enduse consumers who in turn use, offer for sale, or sell in the United States these upload services
and/or devices that infringe the ’482 LGE Asserted Claims.
62.

LGE USA indirectly infringes the ’482 Patent by inducing infringement by others,

such as manufacturers, customers, resellers, and end-use customers, in accordance with 35
U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
McKool 950190v2

PAGE 22

customers of the accused upload services and/or devices. LGE USA received notice of the ’482
Patent at least as of the date this lawsuit was filed. LGE USA provides at least the accused
upload services and/or devices to others, such as manufacturers, customers, resellers, and/or enduse customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
and/or devices to infringe the ’482 Patent. Through its manufacture and sale of the accused
upload services and/or devices, LGE USA specifically intended its manufacturers, customers,
resellers, and/or end-use customers to infringe the ’482 Patent.
63.

LGE USA specifically intends for others, such as manufacturers, customers,

resellers, and end-use customers, to directly infringe the ’482 LGE Asserted Claims in the United
States. For example, LGE USA provides instructions to manufacturers, customers, resellers and
end-use customers regarding the use and operation of LGE USA’s products in an infringing way.
Such instructions include at least “LG G2 User Guide,” 13 “User Guide, LG Optimus F3,”14
“Owner’s Manual, LG Envoy II,” 15 and other similar user guides and support documentation
available on LGE USA’s support website. 16 When manufacturers, customers, resellers, and enduse customers follow such instructions, they directly infringe the ’482 LGE Asserted Claims.
LGE USA knows that by providing such instructions, manufacturers, customers, resellers, and
end-use customers follow those instructions, and directly infringe the ’482 LGE Asserted
Claims.

LGE USA thus knows that its actions actively induce infringement.

LGE USA

performed the acts that constitute induced infringement, and would induce actual infringement,
with the knowledge of the ’482 Patent, and with knowledge or willful blindness that the induced
acts would constitute infringement.

13

Available on LGE USA’s website at http://www.lg.com/us/support/software-manuals#.
Available on LGE USA’s website at http://www.lg.com/us/support/software-manuals#.
15
Available on LGE USA’s website at http://www.lg.com/us/support/software-manuals#.
16
See http://www.lg.com/us/support.
14

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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PAGE 23

64.

LGE USA indirectly infringes the ’482 Patent, by contributing to infringement by

others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. LGE USA received notice of the ’482 Patent at least as of the date this
lawsuit was filed.
65.

LGE USA’s upload services and/or devices allow for the obtaining of digital

content, pre-processing it, and transmitting it to another device, server, or location. When the
accused upload services and/or devices are used to send digital content of a certain size and/or
dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
devices must necessarily pre-process and send digital media in an infringing manner. Upon
information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
66.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on LGE USA’s upload services and/or devices.
67.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
68.

LGE USA’s accused upload services and/or devices, with the ability to obtain

digital content, pre-process it, and transmit it to another device, server, or location, are each a
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
McKool 950190v2

PAGE 24

material part of the invention of the ’482 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
The accused upload services and/or devices are especially made or adapted to infringe the ’482
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’482 Patent, LGE USA’s sales of its infringing products have
no substantial non-infringing uses.
69.

Accordingly, a reasonable inference is that LGE USA offers to sell, or sells within

the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’482 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
70.

LGE USA’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, LGE USA will continue to infringe the ’482
Patent.
LGE MobileComm Infringes the ’482 Patent
71.

LGE MobileComm has and continues to directly infringe the ’482 Patent by

making, using, selling, offering for sale, or importing into the United States products and/or
methods covered by the ’482 LGE Asserted Claims, including, but not limited to LGE
MobileComm’s upload services and/or devices. The accused upload services and/or devices that
infringe one or more of the above-listed claims include, but are not limited to, at least the
following: D820 Red, Optimus F3Q D520, G Flex AT&T D950, G Flex T-Mobile D959, G Flex
Sprint LS995, G2 Verizon VS980 White, D820 T-Mobile Black, D820 Sprint Black, D820
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
McKool 950190v2

PAGE 25

Sprint White, G2 Verizon VS980, G2 AT&T D800, G2 T-Mobile D801, G2 Sprint LS980, G2
Sprint LS980 White, G2 AT&T D800 White, D2 T-Mobile D801 White, Wine III UN530,
Optimus F6 MS500, Optimus F6 D500, Enact VS890, Exalt VN360, Optimus F3 MS659,
Optimus F3 P659, Optimus F3 VM720, Rumor Reflex S LN272S Blue, Rumor Reflex S
LN272S Red, Fluid AN160, Optimus F7 LG870, Optimus F3 LS720 Titanium Silver, Optimus
F7 US780, Optimus F3 LS720 Purple, LGE960W, Optimus F5 AS870, Optimus G Pro E980,
Optimus G Pro E980 White, Envoy II UN160, Optimus Exceed VS840PP, Revere 2 VN150S,
Cosmos 3 VN251S, Optimus Zone VS410PP, Lucid2 VS870, Spirit 4G MS870, LGE960,
Optimus REGARD LW770, Mach LS860, Optimus G LS970, Optimus L9 P769, Freedom
UN272, Optimus G E970, Venice LG730, Escape P870, Spectrum 2 VS930, Splendor US730,
Intuition VS950, Motion 4G MS770, Optimus Zip LGL75C, Optimus Plus AS695, Optimus
Elite VM696, Elite LS696, Viper LS840, Xpression C395, A340, Rumor Reflex LG272, Rumor
Reflex LN272, Optimus M+ MS695, Lucid VS840, Spectrum VS920, Connect 4G MS840,
Extravert VN271, Optimus Net L45C, and any other LGE MobileComm mobile device capable
of obtaining digital content, pre-processing it, and transmitting it to another device, server, or
location; the LG Messaging Application, including its MMS functionality; LGE MobileComm’s
Messaging-related APIs; the integrated Twitter content upload functionality; and the MMS-toTwitter functionality. Further discovery may reveal additional infringing products, models,
and/or functionality.
72.

LGE MobileComm makes, uses, sells, offers for sale, or imports into the United

States these upload services and/or devices and thus directly infringes at least the ’482 LGE
Asserted Claims. Upon information and belief, LGE MobileComm also uses these upload
services and/or devices via its internal use and testing in the United States, directly infringing
each of the’482 LGE Asserted Claims. LGE MobileComm also directly infringes the ’482 LGE
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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PAGE 26

Asserted Claims when its mobile devices execute the code responsible for the operation of the
accused upload services and/or devices.
73.

LGE MobileComm has and continues to induce and to contribute to infringement

of the ’482 Patent by intending that others make, use, import into, offer for sale, or sell in the
United States, products and/or methods covered by the ’482 LGE Asserted Claims, including,
but not limited to LGE MobileComm’s upload services and/or devices listed above. LGE
MobileComm provides these upload services and/or devices to others, such as manufacturers,
customers, resellers, and end-use consumers who in turn use, offer for sale, or sell in the United
States these upload services and/or devices that infringe the ’482 LGE Asserted Claims.
74.

LGE MobileComm indirectly infringes the ’482 Patent by inducing infringement

by others, such as manufacturers, customers, resellers, and end-use customers, in accordance
with 35 U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement
is the result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. LGE MobileComm received notice of
the ’482 Patent at least as of the date this lawsuit was filed. LGE MobileComm provides at least
the accused upload services and/or devices to others, such as manufacturers, customers, resellers,
and/or end-use customers, in the United States, who, in turn, offer for sale, sell, or use these
upload services and/or devices to infringe the ’482 Patent. Through its manufacture and sale of
the accused upload services and/or devices, LGE MobileComm specifically intended its
manufacturers, customers, resellers, and/or end-use customers to infringe the ’482 Patent.
75.

LGE MobileComm specifically intends for others, such as manufacturers,

customers, resellers, and end-use customers, to directly infringe the ’482 LGE Asserted Claims
in the United States. For example, LGE MobileComm provides instructions to manufacturers,
customers, resellers and end-use customers regarding the use and operation of LGE
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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PAGE 27

MobileComm’s products in an infringing way. Such instructions include at least “LG G2 User
Guide,” 17 “User Guide, LG Optimus F3,” 18 “Owner’s Manual, LG Envoy II,” 19 and other similar
user guides and support documentation available on LGE MobileComm’s support website. 20
When manufacturers, customers, resellers, and end-use customers follow such instructions, they
directly infringe the ’482 LGE Asserted Claims. LGE MobileComm knows that by providing
such instructions, manufacturers, customers, resellers, and end-use customers follow those
instructions, and directly infringe the ’482 LGE Asserted Claims. LGE MobileComm thus
knows that its actions actively induce infringement. LGE MobileComm performed the acts that
constitute induced infringement, and would induce actual infringement, with the knowledge of
the ’482 Patent, and with knowledge or willful blindness that the induced acts would constitute
infringement.
76.

LGE MobileComm indirectly infringes the ’482 Patent, by contributing to

infringement by others, such as customers, resellers, and end-use customers, in accordance with
35 U.S.C. § 271(c) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the customers, resellers, and/or end-use customers of the
accused upload services and/or devices. LGE MobileComm received notice of the ’482 Patent at
least as of the date this lawsuit was filed.
77.

LGE MobileComm’s upload services and/or devices allow for the obtaining of

digital content, pre-processing it, and transmitting it to another device, server, or location. When
the accused upload services and/or devices are used to send digital content of a certain size
and/or dimension over carrier networks and/or wi-fi networks, the accused upload services
and/or devices must necessarily pre-process and send digital media in an infringing manner.
17

Available on LGE MobileComm’s website at http://www.lg.com/us/support/software-manuals#.
Available on LGE MobileComm’s website at http://www.lg.com/us/support/software-manuals#.
19
Available on LGE MobileComm’s website at http://www.lg.com/us/support/software-manuals#.
20
See http://www.lg.com/us/support.
18

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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PAGE 28

Upon information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
78.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on LGE MobileComm’s upload services and/or
devices.
79.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
80.

LGE MobileComm’s accused upload services and/or devices, with the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location, are
each a material part of the invention of the ’482 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
The accused upload services and/or devices are especially made or adapted to infringe the ’482
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’482 Patent, LGE MobileComm’s sales of its infringing
products have no substantial non-infringing uses.
81.

Accordingly, a reasonable inference is that LGE MobileComm offers to sell, or

sells within the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’482 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
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use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
82.

LGE MobileComm’s acts have caused, and unless restrained and enjoined, will

continue to cause irreparable injury and damage to Summit 6 and its affiliates for which there is
no adequate remedy at law. Unless enjoined by this Court, LGE MobileComm will continue to
infringe the ’482 Patent.
Motorola Infringes the ’482 Patent
83.

Motorola has and continues to directly infringe the ’482 Patent by making, using,

selling, offering for sale, or importing into the United States products and/or methods covered by
claims 1, 4, 6, 8-10, 12-14, 16-19, 21-23, 25, 35, 38, 40-42, 44-46, and 49-50 of the ’482 Patent
(hereinafter the “’482 Motorola Asserted Claims”), including, but not limited to Motorola’s
upload services and/or devices. The accused upload services and/or devices that infringe one or
more of the above-listed claims include, but are not limited to, at least the following: Moto X,
Moto G, Droid Maxx, Droid Ultra, Droid Mini, Moto X Developer Edition (GSM Networks),
Moto X Developer Edition Verizon, Droid Maxx Developer Edition, Droid Razr M, Droid Razr
Maxx HD, Motorola Photon Q 4G LTE, and any other Motorola mobile device capable of
obtaining digital content, pre-processing it, and transmitting it to another device, server, or
location; the Motorola MMS Application, including its MMS functionality; Motorola’s
Messaging-related APIs; the integrated Twitter content upload functionality; and the MMS-toTwitter functionality. Further discovery may reveal additional infringing products, models,
and/or functionality.
84.

Motorola makes, uses, sells, offers for sale, or imports into the United States these

upload services and/or devices and thus directly infringes at least the ’482 Motorola Asserted
Claims. Upon information and belief, Motorola also uses these upload services and/or devices
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via its internal use and testing in the United States, directly infringing each of the ’482 Motorola
Asserted Claims. Motorola also directly infringes the ’482 Motorola Asserted Claims when its
mobile devices execute the code responsible for the operation of the accused upload services
and/or devices.
85.

Motorola has and continues to induce and to contribute to infringement of the

’482 Patent by intending that others make, use, import into, offer for sale, or sell in the United
States, products and/or methods covered by the ’482 Motorola Asserted Claims, including, but
not limited to Motorola’s upload services and/or devices listed above. Motorola provides these
upload services and/or devices to others, such as manufacturers, customers, resellers, and enduse consumers who in turn use, offer for sale, or sell in the United States these upload services
and/or devices that infringe the ’482 Motorola Asserted Claims.
86.

Motorola indirectly infringes the ’482 Patent by inducing infringement by others,

such as manufacturers, customers, resellers, and end-use customers, in accordance with 35
U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. Motorola received notice of the ’482
Patent at least as of the date this lawsuit was filed. Motorola provides at least the accused upload
services and/or devices to others, such as manufacturers, customers, resellers, and/or end-use
customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
and/or devices to infringe the ’482 Patent. Through its manufacture and sale of the accused
upload services and/or devices, Motorola specifically intended its manufacturers, customers,
resellers, and/or end-use customers to infringe the ’482 Patent.
87.

Motorola specifically intends for others, such as manufacturers, customers,

resellers, and end-use customers, to directly infringe the ’482 Motorola Asserted Claims in the
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United States.

For example, Motorola provides instructions to manufacturers, customers,

resellers and end-use customers regarding the use and operation of Motorola’s products in an
infringing way. Such instructions include at least “Moto G User Guide,” 21 “Moto X User
Guide,” 22 “User’s Guide, Droid Ultra,” 23 and other similar user guides and support
documentation available on Motorola’s support website. 24 When manufacturers, customers,
resellers, and end-use customers follow such instructions, they directly infringe the ’482
Motorola Asserted Claims. Motorola knows that by providing such instructions, manufacturers,
customers, resellers, and end-use customers follow those instructions, and directly infringe the
’482 Motorola Asserted Claims.

Motorola thus knows that its actions actively induce

infringement. Motorola performed the acts that constitute induced infringement, and would
induce actual infringement, with the knowledge of the ’482 Patent, and with knowledge or
willful blindness that the induced acts would constitute infringement.
88.

Motorola indirectly infringes the ’482 Patent, by contributing to infringement by

others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. Motorola received notice of the ’482 Patent at least as of the date this
lawsuit was filed.
89.

Motorola’s upload services and/or devices allow for the obtaining of digital

content, pre-processing it, and transmitting it to another device, server, or location. When the
accused upload services and/or devices are used to send digital content of a certain size and/or
21

Available on Motorola’s website at https://motorola-globalportal.custhelp.com/ci/fattach/get/745538/1385483328/redirect/1/filename/68017554027a.pdf.
22
Available on Motorola’s website at https://motorola-globalportal.custhelp.com/ci/fattach/get/753825/1386258990/redirect/1/filename/Xfon_UG_KK_68017630001b.pdf.
23
Available on Motorola’s website at https://motorola-globalportal.custhelp.com/ci/fattach/get/675621/1377023134/redirect/1/filename/68017476001A.pdf.
24
See https://motorola-global-portal.custhelp.com/app/home/.
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dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
devices must necessarily pre-process and send digital media in an infringing manner. Upon
information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
90.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on Motorola’s upload services and/or devices.
91.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
92.

Motorola’s accused upload services and/or devices, with the ability to obtain

digital content, pre-process it, and transmit it to another device, server, or location, are each a
material part of the invention of the ’482 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
The accused upload services and/or devices are especially made or adapted to infringe the ’482
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’482 Patent, Motorola’s sales of its infringing products have
no substantial non-infringing uses.
93.

Accordingly, a reasonable inference is that Motorola offers to sell, or sells within

the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’482 Patent, constituting a
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material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
94.

Motorola’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, Motorola will continue to infringe the ’482
Patent.
Apple Infringes the ’482 Patent
95.

Apple has and continues to directly infringe the ’482 Patent by making, using,

selling, offering for sale, or importing into the United States products and/or methods covered by
claims 1, 4, 6, 8-10, 12-14, 16-23, 25, 35-38, 40-42, 44-46, and 49-51 of the ’482 Patent
(hereinafter the “’482 Apple Asserted Claims”), including, but not limited to Apple’s upload
services and/or devices. The accused upload services and/or devices that infringe one or more of
the above-listed claims include, but are not limited to, at least the following: iPhone 3G, iPhone
3GS, iPhone 4, iPhone 4S, iPhone 5, iPhone 5S, iPhone 5C, iPad (first generation), iPad 2, iPad
(third generation), iPad (fourth generation), iPad Air, iPad Mini (first generation), iPad Mini
(second generation), iPod Touch (third generation), iPod Touch (fourth generation), iPod Touch
(fifth generation), and any other Apple mobile device capable of obtaining digital content, preprocessing it, and transmitting it to another device, server, or location; Apple’s Messages
Application, including both its MMS functionality and its iMessage functionality and
infrastructure; Apple’s Messaging-related APIs; the integrated Twitter content upload
functionality; and the MMS-to-Twitter functionality. Further discovery may reveal additional
infringing products, models, and/or functionality.

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96.

Apple makes, uses, sells, offers for sale, or imports into the United States these

upload services and/or devices and thus directly infringes at least the ’482 Apple Asserted
Claims. Additionally, upon information and belief Apple creates the source code related to at
least some of these upload services and/or devices. These acts are a direct infringement of the
’482 Apple Asserted Claims.

Upon information and belief, Apple also uses these upload

services and/or devices via its internal use and testing in the United States, directly infringing
each of the ’482 Apple Asserted Claims. Apple also directly infringes the ’482 Apple Asserted
Claims when its mobile devices and/or servers execute the code responsible for the operation of
the accused upload services and/or devices.
97.

Apple has and continues to induce and to contribute to infringement of the ’482

Patent by intending that others make, use, import into, offer for sale, or sell in the United States,
products and/or methods covered by the ’482 Apple Asserted Claims, including, but not limited
to Apple’s upload services and/or devices listed above. Apple provides these upload services
and/or devices to others, such as manufacturers, customers, resellers, and end-use consumers
who in turn use, offer for sale, or sell in the United States these upload services and/or devices
that infringe the ’482 Apple Asserted Claims.
98.

Apple indirectly infringes the ’482 Patent by inducing infringement by others,

such as manufacturers, customers, resellers, and end-use customers, in accordance with 35
U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. Apple received notice of the ’482
Patent at least as of the date this lawsuit was filed. Apple provides at least the accused upload
services and/or devices to others, such as manufacturers, customers, resellers, and/or end-use
customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
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and/or devices to infringe the ’482 Patent. Through its manufacture and sale of the accused
upload services and/or devices, Apple specifically intended its manufacturers, customers,
resellers, and/or end-use customers to infringe the ’482 Patent.
99.

Apple specifically intends for others, such as manufacturers, customers, resellers,

and end-use customers, to directly infringe the ’482 Apple Asserted Claims in the United States.
For example, Apple provides instructions to manufacturers, customers, resellers and end-use
customers regarding the use and operation of Apple’s products in an infringing way. Such
instructions include at least “iPhone User Guide for iPhone OS 3.1 Software,” 25 “iPhone User
Guide For iOS 7 (October 2013),” 26 “iPad User Guide For iOS 7 (October 2013),” 27 “iPod touch
User Guide For iOS 7 (October 2013),” 28 “MFMessageComposeViewController Class
Reference,” 29 and other similar user guides and support documentation available on Apple’s
support 30 and developer 31 websites. When manufacturers, customers, resellers, and end-use
customers follow such instructions, they directly infringe the ’482 Apple Asserted Claims.
Apple knows that by providing such instructions, manufacturers, customers, resellers, and enduse customers follow those instructions, and directly infringe the ’482 Apple Asserted Claims.
Apple thus knows that its actions actively induce infringement. Apple performed the acts that
constitute induced infringement, and would induce actual infringement, with the knowledge of

25

Available on Apple’s website at
http://manuals.info.apple.com/MANUALS/0/MA616/en_US/iPhone_iOS3.1_User_Guide.pdf.
26
Available on Apple’s website at
http://manuals.info.apple.com/MANUALS/1000/MA1565/en_US/iphone_user_guide.pdf.
27
Available on Apple’s website at
http://manuals.info.apple.com/MANUALS/1000/MA1595/en_US/ipad_user_guide.pdf.
28
Available on Apple’s website at
http://manuals.info.apple.com/MANUALS/1000/MA1596/en_US/ipod_touch_user_guide.pdf.
29
Available on Apple’s website at
https://developer.apple.com/library/ios/documentation/MessageUI/Reference/MFMessageComposeViewController_
class/Reference/Reference.html.
30
See http://www.apple.com/support/.
31
See https://developer.apple.com/.
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the ’482 Patent, and with knowledge or willful blindness that the induced acts would constitute
infringement.
100.

Apple indirectly infringes the ’482 Patent, by contributing to infringement by

others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. Apple received notice of the ’482 Patent at least as of the date this
lawsuit was filed.
101.

Apple’s upload services and/or devices allow for the obtaining of digital content,

pre-processing it, and transmitting it to another device, server, or location. When the accused
upload services and/or devices are used to send digital content of a certain size and/or dimension
over carrier networks and/or wi-fi networks, the accused upload services and/or devices must
necessarily pre-process and send digital media in an infringing manner. Upon information and
belief, the accused upload services and/or devices cannot operate in an acceptable manner absent
the ability to obtain digital content, pre-process it, and transmit it to another device, server, or
location.
102.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on Apple’s upload services and/or devices.
103.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
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104.

Apple’s accused upload services and/or devices, with the ability to obtain digital

content, pre-process it, and transmit it to another device, server, or location are each a material
part of the invention of the ’482 Patent and are especially made for the infringing manufacturing,
offering for sale, sales, and use of the accused upload services and/or devices. The accused
upload services and/or devices are especially made or adapted to infringe the ’482 Patent.
Because the manufacturing, offering for sale, sales, and use of the accused upload services
and/or devices infringe the ’482 Patent, Apple’s sales of its infringing products have no
substantial non-infringing uses.
105.

Accordingly, a reasonable inference is that Apple offers to sell, or sells within the

United States a component of a patented machine, manufacture, combination, or composition, or
a material or apparatus for use in practicing the ’482 Patent, constituting a material part of the
invention, knowing the same to be especially made or especially adapted for use in an
infringement of such patent, and not a staple article or commodity of commerce suitable for
substantial non-infringing use.
106.

Apple’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, Apple will continue to infringe the ’482 Patent.
Twitter Infringes the ’482 Patent
107.

Twitter has and continues to directly infringe the ’482 Patent by making, using,

selling, offering for sale, or importing into the United States products and/or methods covered by
claims 1, 4, 6, 8-10, 12-14, 16-23, 25, 35-38, 40-42, 44-46, and 49-51 of the ’482 Patent
(hereinafter the “’482 Twitter Asserted Claims”), including, but not limited to Twitter’s upload
services. The accused upload services that infringe one or more of the above-listed claims
include, but are not limited to, at least the following: the Twitter Application for iPhone, the
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Twitter Application for iPad, the Twitter Application for Android, the Twitter Application for
Android Tablet, and any other Twitter Application capable of obtaining digital content, preprocessing it, and transmitting it to another device, server, or location; the Twitter content upload
functionality integrated into the native sharing options for iOS and Android devices; Twitter’s
APIs related to obtaining digital content, pre-processing it, and transmitting it to another device,
server, or location; Twitter’s mobile website; and Twitter’s website-related infrastructure.
Further discovery may reveal additional infringing products, models, and/or functionality.
108.

Twitter makes, uses, sells, offers for sale, or imports into the United States these

upload services and thus directly infringes at least the ’482 Twitter Asserted Claims.
Additionally, upon information and belief, Twitter creates the source code related to each of
these upload services. These acts are a direct infringement of the ’482 Twitter Asserted Claims.
Upon information and belief, Twitter also uses these upload services via its internal use and
testing in the United States, directly infringing each of the ’482 Twitter Asserted Claims.
Twitter also directly infringes the ’482 Twitter Asserted Claims when it executes its code
responsible for the operation of the accused upload services.
109.

Twitter has and continues to induce and to contribute to infringement of the ’482

Patent by intending that others, including co-defendants HTC Corp., HTC America, LGE Inc.,
LGE USA, LGE MobileComm, Motorola, and Apple, make, use, import into, offer for sale, or
sell in the United States, products and/or methods covered by the ’482 Twitter Asserted Claims,
including, but not limited to Twitter’s upload services listed above. Twitter provides these
upload services to others, such as co-defendants, manufacturers, customers, resellers, application
developers, and end-use consumers who in turn use, offer for sale, or sell in the United States
these upload services that infringe the ’482 Twitter Asserted Claims.

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110.

Twitter indirectly infringes the ’482 Patent by inducing infringement by others,

such as co-defendants, manufacturers, customers, resellers, application developers, and end-use
customers, in accordance with 35 U.S.C. § 271(b) in this District and elsewhere in the United
States. Direct infringement is the result of activities performed by co-defendants, manufacturers,
customers, resellers, application developers, and/or end-use customers of the accused upload
services. Twitter received notice of the ’482 Patent at least as of the date this lawsuit was filed.
Twitter provides the accused upload services to others, such as co-defendants, manufacturers,
customers, resellers, application developers, and/or end-use customers, in the United States, who,
in turn, offer for sale, sell, or use these upload services to infringe the ’482 Patent. Through its
manufacture and sale of the accused upload services, Twitter specifically intended codefendants, manufacturers, customers, resellers, application developers, and/or end-use
customers to infringe the ’482 Patent.
111.

Twitter specifically intends for others, such as co-defendants, to directly infringe

the ’482 Twitter Asserted Claims in the United States. For example, Twitter provides its accused
upload services to HTC Corp. for integration into HTC Corp.’s accused upload services and/or
devices.

For example, Twitter provides its accused upload services to HTC America for

integration into HTC America’s accused upload services and/or devices. For example, Twitter
provides its accused upload services to LGE Inc. for integration into LGE Inc.’s accused upload
services and/or devices. For example, Twitter provides its accused upload services to LGE USA
for integration into LGE USA’s accused upload services and/or devices. For example, Twitter
provides its accused upload services to LGE MobileComm for integration into LGE
MobileComm’s accused upload services and/or devices. For example, Twitter provides its
accused upload services to Motorola for integration into Motorola’s accused upload services
and/or devices.

For example, Twitter provides its accused upload services to Apple for

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integration into Apple’s accused upload services and/or devices. When co-defendants include
the integrated Twitter content upload functionality in their accused upload services and/or
devices, they directly infringe the ’482 Twitter Asserted Claims. Twitter knows that providing
the integrated Twitter content upload functionality to co-defendants induces co-defendants to
directly infringe the ’482 Twitter Asserted Claims. Twitter thus knows that its actions actively
induce infringement. Twitter performed the acts that constitute induced infringement, and would
induce actual infringement, with the knowledge of the ’482 Patent, and with knowledge or
willful blindness that the induced acts would constitute infringement.
112.

Twitter also specifically intends for others, such as manufacturers, customers,

resellers, application developers, and end-use customers, to directly infringe the ’482 Twitter
Asserted Claims in the United States.

For example, Twitter provides instructions to

manufacturers, customers, resellers, application developers, and end-use customers regarding the
use and operation of Twitter’s accused services in an infringing way. Such instructions include
at least “Getting started with Twitter for iPhone,” 32 “Getting started with Twitter for Android,”33
“Using mobile.twitter.com on a smartphone or tablet,” 34 “POST statuses/update_with_media,”35
and other similar user guides and support documentation available on Twitter’s support 36 and
developer 37 websites. When manufacturers, customers, resellers, application developers, and
end-use customers follow such instructions, they directly infringe the ’482 Twitter Asserted
Claims. Twitter knows that by providing such instructions, manufacturers, customers, resellers,
application developers, and end-use customers follow those instructions, and directly infringe the

32

Available on Twitter’s website at https://support.twitter.com/articles/20169500.
Available on Twitter’s website at https://support.twitter.com/groups/54-mobile-apps/topics/223android/articles/168930-getting-started-with-twitter-for-android.
34
Available on Twitter’s website at https://support.twitter.com/groups/54-mobile-apps/topics/224-mobileweb/articles/20113771-using-mobile-twitter-com-on-a-smartphone-or-tablet.
35
Available on Twitter’s website at https://dev.twitter.com/docs/api/1.1/post/statuses/update_with_media.
36
See https://support.twitter.com/.
37
See https://dev.twitter.com/.
33

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’482 Twitter Asserted Claims. Twitter thus knows that its actions actively induce infringement.
Twitter performed the acts that constitute induced infringement, and would induce actual
infringement, with the knowledge of the ’482 Patent, and with knowledge or willful blindness
that the induced acts would constitute infringement.
113.

Twitter indirectly infringes the ’482 Patent, by contributing to infringement by

others, such as co-defendants, customers, resellers, application developers, and end-use
customers, in accordance with 35 U.S.C. § 271(c) in this District and elsewhere in the United
States. Direct infringement is the result of activities performed by co-defendants, customers,
resellers, application developers, and/or end-use customers of the accused upload services.
Twitter received notice of the ’482 Patent at least as of the date this lawsuit was filed.
114.

Twitter’s upload services allow for the obtaining of digital content, pre-processing

it, and transmitting it to another device, server, or location. When the accused upload services
are used to send digital content of a certain size and/or dimension over carrier networks and/or
wi-fi networks, the accused upload services and/or devices pre-process and send digital media in
an infringing manner. Upon information and belief, the accused upload services cannot operate
in an acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it
to another device, server, or location.
115.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on Twitter’s upload services.
116.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused

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upload services. Any other use would be unusual, far-fetched, illusory, impractical, occasional,
aberrant, or experimental.
117.

Twitter’s accused upload services, with the ability to obtain digital content, pre-

process it, and transmit it to another device, server, or location are each a material part of the
invention of the ’482 Patent and are especially made for the infringing manufacturing, offering
for sale, sales, and use of the accused upload services.

The accused upload services are

especially made or adapted to infringe the ’482 Patent. Because the manufacturing, offering for
sale, sales, and use of the accused upload services infringe the ’482 Patent, Twitter’s sales of its
infringing products have no substantial non-infringing uses.
118.

Accordingly, a reasonable inference is that Twitter offers to sell, or sells within

the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’482 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
119.

Twitter’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, Twitter will continue to infringe the ’482 Patent.
COUNT II
Infringement of the ’515 Patent
120.

Summit 6 repeats and realleges the allegations in paragraphs 1-119 as though

fully set forth herein.
HTC Corp. Infringes the ’515 Patent

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121.

HTC Corp. has and continues to directly infringe the ’515 Patent by making,

using, selling, offering for sale, or importing into the United States products and/or methods
covered by claims 1-3, 6, 7, 10, 11, 14-20, 23-30, 33-39, 44, and 48 of the ’515 Patent
(hereinafter the “’515 HTC Asserted Claims”), including, but not limited to HTC Corp.’s upload
services and/or devices. The accused upload services and/or devices that infringe one or more of
the above-listed claims include, but are not limited to, at least the following: Desire, One, One
max, One mini, Droid DNA, Evo 4G LTE, Droid Incredible 4G LTE, One SV, One X+, Desire
C, One X, One VX, One S, One V, EVO Design 4G, Vivid, Rezound, Rhyme, Sensation, Hero
S, and any other HTC Corp. mobile device capable of obtaining digital content, pre-processing it,
and transmitting it to another device, server, or location; the integrated Twitter content upload
functionality; and the MMS-to-Twitter functionality. Further discovery may reveal additional
infringing products, models, and/or functionality.
122.

HTC Corp. makes, uses, sells, offers for sale, or imports into the United States

these upload services and/or devices and thus directly infringes at least the ’515 HTC Asserted
Claims. Upon information and belief, HTC Corp. also uses these upload services and/or devices
via its internal use and testing in the United States, directly infringing each of the ’515 HTC
Asserted Claims. HTC Corp. also directly infringes the ’515 HTC Asserted Claims when its
mobile devices execute the code responsible for the operation of the accused upload services
and/or devices.
123.

HTC Corp. has and continues to induce and to contribute to infringement of the

’515 Patent by intending that others make, use, import into, offer for sale, or sell in the United
States, products and/or methods covered by the ’515 HTC Asserted Claims, including, but not
limited to HTC Corp.’s upload services and/or devices listed above. HTC Corp. provides these
upload services and/or devices to others, such as manufacturers, customers, resellers, and endORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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use consumers who in turn use, offer for sale, or sell in the United States these upload services
and/or devices that infringe the ’515 HTC Asserted Claims.
124.

HTC Corp. indirectly infringes the ’515 Patent by inducing infringement by

others, such as manufacturers, customers, resellers, and end-use customers, in accordance with
35 U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. HTC Corp. received notice of the ’515
Patent at least as of the date this lawsuit was filed. HTC Corp. provides at least the accused
upload services and/or devices to others, such as manufacturers, customers, resellers, and/or enduse customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
and/or devices to infringe the ’515 Patent. Through its manufacture and sale of the accused
upload services and/or devices, HTC Corp. specifically intended its manufacturers, customers,
resellers, and/or end-use customers to infringe the ’515 Patent.
125.

HTC Corp. specifically intends for others, such as manufacturers, customers,

resellers, and end-use customers, to directly infringe the ’515 HTC Asserted Claims in the
United States. For example, HTC Corp. provides instructions to manufacturers, customers,
resellers and end-use customers regarding the use and operation of HTC Corp.’s products in an
infringing way. Such instructions include at least “HTC Desire 601 User Guide,” 38 “Your HTC
One User Guide,” 39 “HTC One Max User Guide,” 40 and other similar user guides and support
documentation available on HTC Corp.’s support website. 41 When manufacturers, customers,
resellers, and end-use customers follow such instructions, they directly infringe the ’515 HTC
38

Available on HTC Corp.’s website at
http://dl4.htc.com/web_materials/Manual/HTC_Desire_601/HTC_Desire_601_Virgin_Mobile_User_Guide.pdf.
39
Available on HTC Corp.’s website at
http://dl4.htc.com/web_materials/Manual/HTC_One/HTC_One_ATT_User_Guide.pdf.
40
Available on HTC Corp.’s website at
http://dl4.htc.com/web_materials/Manual/HTC_One_max/HTC_One_max_Sprint_User_Guide.pdf.
41
See http://www.htc.com/us/support/.
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Asserted Claims.

HTC Corp. knows that by providing such instructions, manufacturers,

customers, resellers, and end-use customers follow those instructions, and directly infringe the
’515 HTC Asserted Claims. HTC Corp. thus knows that its actions actively induce infringement.
HTC Corp. performed the acts that constitute induced infringement, and would induce actual
infringement, with the knowledge of the ’515 Patent, and with knowledge or willful blindness
that the induced acts would constitute infringement.
126.

HTC Corp. indirectly infringes the ’515 Patent, by contributing to infringement

by others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. HTC Corp. received notice of the ’515 Patent at least as of the date this
lawsuit was filed.
127.

HTC Corp.’s upload services and/or devices allow for the obtaining of digital

content, pre-processing it, and transmitting it to another device, server, or location. When the
accused upload services and/or devices are used to send digital content of a certain size and/or
dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
devices must necessarily pre-process and send digital content in an infringing manner. Upon
information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
128.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on HTC Corp.’s upload services and/or devices.

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129.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
130.

HTC Corp.’s accused upload services and/or devices, with the ability to obtain

digital content, pre-process it, and transmit it to another device, server, or location are each a
material part of the invention of the ’515 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
The accused upload services and/or devices are especially made or adapted to infringe the ’515
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’515 Patent, HTC Corp.’s sales of its infringing products
have no substantial non-infringing uses.
131.

Accordingly, a reasonable inference is that HTC Corp. offers to sell, or sells

within the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’515 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
132.

HTC Corp.’s acts have caused, and unless restrained and enjoined, will continue

to cause irreparable injury and damage to Summit 6 and its affiliates for which there is no
adequate remedy at law. Unless enjoined by this Court, HTC Corp. will continue to infringe the
’515 Patent.
HTC America Infringes the ’515 Patent
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133.

HTC America has and continues to directly infringe the ’515 Patent by making,

using, selling, offering for sale, or importing into the United States products and/or methods
covered by the ’515 HTC Asserted Claims, including, but not limited to HTC America’s upload
services and/or devices. The accused upload services and/or devices that infringe one or more of
the above-listed claims include, but are not limited to, at least the following: Desire, One, One
max, One mini, Droid DNA, Evo 4G LTE, Droid Incredible 4G LTE, One SV, One X+, Desire
C, One X, One VX, One S, One V, EVO Design 4G, Vivid, Rezound, Rhyme, Sensation, Hero
S, and any other HTC America mobile device capable of obtaining digital content, preprocessing it, and transmitting it to another device, server, or location; the integrated Twitter
content upload functionality; and the MMS-to-Twitter functionality. Further discovery may
reveal additional infringing products, models, and/or functionality.
134.

HTC America makes, uses, sells, offers for sale, or imports into the United States

these upload services and/or devices and thus directly infringes at least the ’515 HTC Asserted
Claims. Upon information and belief, HTC America also uses these upload services and/or
devices via its internal use and testing in the United States, directly infringing each of the ’515
HTC Asserted Claims. HTC America also directly infringes the ’515 HTC Asserted Claims
when its mobile devices execute the code responsible for the operation of the accused upload
services and/or devices.
135.

HTC America has and continues to induce and to contribute to infringement of

the ’515 Patent by intending that others make, use, import into, offer for sale, or sell in the
United States, products and/or methods covered by the ’515 HTC Asserted Claims, including,
but not limited to HTC America’s upload services and/or devices listed above. HTC America
provides these upload services and/or devices to others, such as manufacturers, customers,

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resellers, and end-use consumers who in turn use, offer for sale, or sell in the United States these
upload services and/or devices that infringe the ’515 HTC Asserted Claims.
136.

HTC America indirectly infringes the ’515 Patent by inducing infringement by

others, such as manufacturers, customers, resellers, and end-use customers, in accordance with
35 U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. HTC America received notice of the
’515 Patent at least as of the date this lawsuit was filed. HTC America provides at least the
accused upload services and/or devices to others, such as manufacturers, customers, resellers,
and/or end-use customers, in the United States, who, in turn, offer for sale, sell, or use these
upload services and/or devices to infringe the ’515 Patent. Through its manufacture and sale of
the accused upload services and/or devices, HTC America specifically intended its
manufacturers, customers, resellers, and/or end-use customers to infringe the ’515 Patent.
137.

HTC America specifically intends for others, such as manufacturers, customers,

resellers, and end-use customers, to directly infringe the ’515 HTC Asserted Claims in the
United States. For example, HTC America provides instructions to manufacturers, customers,
resellers and end-use customers regarding the use and operation of HTC America’s products in
an infringing way. Such instructions include at least “HTC Desire 601 User Guide,” 42 “Your
HTC One User Guide,” 43 “HTC One Max User Guide,” 44 and other similar user guides and
support documentation available on HTC America’s support website. 45 When manufacturers,
customers, resellers, and end-use customers follow such instructions, they directly infringe the
42

Available on HTC America’s website at
http://dl4.htc.com/web_materials/Manual/HTC_Desire_601/HTC_Desire_601_Virgin_Mobile_User_Guide.pdf.
43
Available on HTC America’s website at
http://dl4.htc.com/web_materials/Manual/HTC_One/HTC_One_ATT_User_Guide.pdf.
44
Available on HTC America’s website at
http://dl4.htc.com/web_materials/Manual/HTC_One_max/HTC_One_max_Sprint_User_Guide.pdf.
45
See http://www.htc.com/us/support/.
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’515 HTC Asserted Claims.

HTC America knows that by providing such instructions,

manufacturers, customers, resellers, and end-use customers follow those instructions, and
directly infringe the ’515 HTC Asserted Claims. HTC America thus knows that its actions
actively induce infringement.

HTC America performed the acts that constitute induced

infringement, and would induce actual infringement, with the knowledge of the ’515 Patent, and
with knowledge or willful blindness that the induced acts would constitute infringement.
138.

HTC America indirectly infringes the ’515 Patent, by contributing to infringement

by others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. HTC America received notice of the ’515 Patent at least as of the date
this lawsuit was filed.
139.

HTC America’s upload services and/or devices allow for the obtaining of digital

content, pre-processing it, and transmitting it to another device, server, or location. When the
accused upload services and/or devices are used to send digital content of a certain size and/or
dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
devices must necessarily pre-process and send digital media in an infringing manner. Upon
information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
140.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on HTC America’s upload services and/or
devices.
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141.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
142.

HTC America’s accused upload services and/or devices, with the ability to obtain

digital content, pre-process it, and transmit it to another device, server, or location, are each a
material part of the invention of the ’515 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
The accused upload services and/or devices are especially made or adapted to infringe the ’515
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’515 Patent, HTC America’s sales of its infringing products
have no substantial non-infringing uses.
143.

Accordingly, a reasonable inference is that HTC America offers to sell, or sells

within the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’515 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
144.

HTC America’s acts have caused, and unless restrained and enjoined, will

continue to cause irreparable injury and damage to Summit 6 and its affiliates for which there is
no adequate remedy at law. Unless enjoined by this Court, HTC America will continue to
infringe the ’515 Patent.
LGE Inc. Infringes the ’515 Patent
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145.

LGE Inc. has and continues to directly infringe the ’515 Patent by making, using,

selling, offering for sale, or importing into the United States products and/or methods covered by
claims 1-3, 6, 7, 10, 11, 14-20, 23-30, 33-39, 44, and 48 of the ’515 Patent (hereinafter the “’515
LGE Asserted Claims”), including, but not limited to LGE Inc.’s upload services and/or devices.
The accused upload services and/or devices that infringe one or more of the above-listed claims
include, but are not limited to, at least the following: D820 Red, Optimus F3Q D520, G Flex
AT&T D950, G Flex T-Mobile D959, G Flex Sprint LS995, G2 Verizon VS980 White, D820 TMobile Black, D820 Sprint Black, D820 Sprint White, G2 Verizon VS980, G2 AT&T D800, G2
T-Mobile D801, G2 Sprint LS980, G2 Sprint LS980 White, G2 AT&T D800 White, D2 TMobile D801 White, Wine III UN530, Optimus F6 MS500, Optimus F6 D500, Enact VS890,
Exalt VN360, Optimus F3 MS659, Optimus F3 P659, Optimus F3 VM720, Rumor Reflex S
LN272S Blue, Rumor Reflex S LN272S Red, Fluid AN160, Optimus F7 LG870, Optimus F3
LS720 Titanium Silver, Optimus F7 US780, Optimus F3 LS720 Purple, LGE960W, Optimus F5
AS870, Optimus G Pro E980, Optimus G Pro E980 White, Envoy II UN160, Optimus Exceed
VS840PP, Revere 2 VN150S, Cosmos 3 VN251S, Optimus Zone VS410PP, Lucid2 VS870,
Spirit 4G MS870, LGE960, Optimus REGARD LW770, Mach LS860, Optimus G LS970,
Optimus L9 P769, Freedom UN272, Optimus G E970, Venice LG730, Escape P870, Spectrum 2
VS930, Splendor US730, Intuition VS950, Motion 4G MS770, Optimus Zip LGL75C, Optimus
Plus AS695, Optimus Elite VM696, Elite LS696, Viper LS840, Xpression C395, A340, Rumor
Reflex LG272, Rumor Reflex LN272, Optimus M+ MS695, Lucid VS840, Spectrum VS920,
Connect 4G MS840, Extravert VN271, Optimus Net L45C, and any other LGE Inc. mobile
device capable of obtaining digital content, pre-processing it, and transmitting it to another
device, server, or location; the integrated Twitter content upload functionality; and the MMS-to-

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Twitter functionality. Further discovery may reveal additional infringing products, models,
and/or functionality.
146.

LGE Inc. makes, uses, sells, offers for sale, or imports into the United States these

upload services and/or devices and thus directly infringes at least the ’515 LGE Asserted Claims.
Upon information and belief, LGE Inc. also uses these upload services and/or devices via its
internal use and testing in the United States, directly infringing each of the’515 LGE Asserted
Claims. LGE Inc. also directly infringes the ’515 LGE Asserted Claims when its mobile devices
execute the code responsible for the operation of the accused upload services and/or devices.
147.

LGE Inc. has and continues to induce and to contribute to infringement of the

’515 Patent by intending that others make, use, import into, offer for sale, or sell in the United
States, products and/or methods covered by the ’515 LGE Asserted Claims, including, but not
limited to LGE Inc.’s upload services and/or devices listed above. LGE Inc. provides these
upload services and/or devices to others, such as manufacturers, customers, resellers, and enduse consumers who in turn use, offer for sale, or sell in the United States these upload services
and/or devices that infringe the ’515 LGE Asserted Claims.
148.

LGE Inc. indirectly infringes the ’515 Patent by inducing infringement by others,

such as manufacturers, customers, resellers, and end-use customers, in accordance with 35
U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. LGE Inc. received notice of the ’515
Patent at least as of the date this lawsuit was filed. LGE Inc. provides at least the accused upload
services and/or devices to others, such as manufacturers, customers, resellers, and/or end-use
customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
and/or devices to infringe the ’515 Patent. Through its manufacture and sale of the accused
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upload services and/or devices, LGE Inc. specifically intended its manufacturers, customers,
resellers, and/or end-use customers to infringe the ’515 Patent.
149.

LGE Inc. specifically intends for others, such as manufacturers, customers,

resellers, and end-use customers, to directly infringe the ’515 LGE Asserted Claims in the United
States. For example, LGE Inc. provides instructions to manufacturers, customers, resellers and
end-use customers regarding the use and operation of LGE Inc.’s products in an infringing way.
Such instructions include at least “LG G2 User Guide,” 46 “User Guide, LG Optimus F3,”47
“Owner’s Manual, LG Envoy II,” 48 and other similar user guides and support documentation
available on LGE Inc.’s support website. 49 When manufacturers, customers, resellers, and enduse customers follow such instructions, they directly infringe the ’515 LGE Asserted Claims.
LGE Inc. knows that by providing such instructions, manufacturers, customers, resellers, and
end-use customers follow those instructions, and directly infringe the ’515 LGE Asserted
Claims. LGE Inc. thus knows that its actions actively induce infringement. LGE Inc. performed
the acts that constitute induced infringement, and would induce actual infringement, with the
knowledge of the ’515 Patent, and with knowledge or willful blindness that the induced acts
would constitute infringement.
150.

LGE Inc. indirectly infringes the ’515 Patent, by contributing to infringement by

others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. LGE Inc. received notice of the ’515 Patent at least as of the date this
lawsuit was filed.
46

Available on LGE Inc.’s website at http://www.lg.com/us/support/software-manuals#.
Available on LGE Inc.’s website at http://www.lg.com/us/support/software-manuals#.
48
Available on LGE Inc.’s website at http://www.lg.com/us/support/software-manuals#.
49
See http://www.lg.com/us/support.
47

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151.

LGE Inc.’s upload services and/or devices allow for the obtaining of digital

content, pre-processing it, and transmitting it to another device, server, or location. When the
accused upload services and/or devices are used to send digital content of a certain size and/or
dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
devices must necessarily pre-process and send digital media in an infringing manner. Upon
information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
152.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on LGE Inc.’s upload services and/or devices.
153.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
154.

LGE Inc.’s accused upload services and/or devices, with the ability to obtain

digital content, pre-process it, and transmit it to another device, server, or location, are each a
material part of the invention of the ’515 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
The accused upload services and/or devices are especially made or adapted to infringe the ’515
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’515 Patent, LGE Inc.’s sales of its infringing products have
no substantial non-infringing uses.
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155.

Accordingly, a reasonable inference is that LGE Inc. offers to sell, or sells within

the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’515 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
156.

LGE Inc.’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, LGE Inc. will continue to infringe the ’515
Patent.
LGE USA Infringes the ’515 Patent
157.

LGE USA has and continues to directly infringe the ’515 Patent by making,

using, selling, offering for sale, or importing into the United States products and/or methods
covered by the ’515 LGE Asserted Claims, including, but not limited to LGE USA’s upload
services and/or devices. The accused upload services and/or devices that infringe one or more of
the above-listed claims include, but are not limited to, at least the following: D820 Red, Optimus
F3Q D520, G Flex AT&T D950, G Flex T-Mobile D959, G Flex Sprint LS995, G2 Verizon
VS980 White, D820 T-Mobile Black, D820 Sprint Black, D820 Sprint White, G2 Verizon
VS980, G2 AT&T D800, G2 T-Mobile D801, G2 Sprint LS980, G2 Sprint LS980 White, G2
AT&T D800 White, D2 T-Mobile D801 White, Wine III UN530, Optimus F6 MS500, Optimus
F6 D500, Enact VS890, Exalt VN360, Optimus F3 MS659, Optimus F3 P659, Optimus F3
VM720, Rumor Reflex S LN272S Blue, Rumor Reflex S LN272S Red, Fluid AN160, Optimus
F7 LG870, Optimus F3 LS720 Titanium Silver, Optimus F7 US780, Optimus F3 LS720 Purple,
LGE960W, Optimus F5 AS870, Optimus G Pro E980, Optimus G Pro E980 White, Envoy II
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UN160, Optimus Exceed VS840PP, Revere 2 VN150S, Cosmos 3 VN251S, Optimus Zone
VS410PP, Lucid2 VS870, Spirit 4G MS870, LGE960, Optimus REGARD LW770, Mach
LS860, Optimus G LS970, Optimus L9 P769, Freedom UN272, Optimus G E970, Venice
LG730, Escape P870, Spectrum 2 VS930, Splendor US730, Intuition VS950, Motion 4G
MS770, Optimus Zip LGL75C, Optimus Plus AS695, Optimus Elite VM696, Elite LS696, Viper
LS840, Xpression C395, A340, Rumor Reflex LG272, Rumor Reflex LN272, Optimus M+
MS695, Lucid VS840, Spectrum VS920, Connect 4G MS840, Extravert VN271, Optimus Net
L45C, and any other LGE USA mobile device capable of obtaining digital content, preprocessing it, and transmitting it to another device, server, or location; the integrated Twitter
content upload functionality; and the MMS-to-Twitter functionality. Further discovery may
reveal additional infringing products, models, and/or functionality.
158.

LGE USA makes, uses, sells, offers for sale, or imports into the United States

these upload services and/or devices and thus directly infringes at least the ’515 LGE Asserted
Claims. Upon information and belief, LGE USA also uses these upload services and/or devices
via its internal use and testing in the United States, directly infringing each of the ’515 LGE
Asserted Claims. LGE USA also directly infringes the ’515 LGE Asserted Claims when its
mobile devices execute the code responsible for the operation of the accused upload services
and/or devices.
159.

LGE USA has and continues to induce and to contribute to infringement of the

’515 Patent by intending that others make, use, import into, offer for sale, or sell in the United
States, products and/or methods covered by the ’515 LGE Asserted Claims, including, but not
limited to LGE USA’s upload services and/or devices listed above. LGE USA provides these
upload services and/or devices to others, such as manufacturers, customers, resellers, and end-

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use consumers who in turn use, offer for sale, or sell in the United States these upload services
and/or devices that infringe the ’515 LGE Asserted Claims.
160.

LGE USA indirectly infringes the ’515 Patent by inducing infringement by others,

such as manufacturers, customers, resellers, and end-use customers, in accordance with 35
U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. LGE USA received notice of the ’515
Patent at least as of the date this lawsuit was filed. LGE USA provides at least the accused
upload services and/or devices to others, such as manufacturers, customers, resellers, and/or enduse customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
and/or devices to infringe the ’515 Patent. Through its manufacture and sale of the accused
upload services and/or devices, LGE USA specifically intended its manufacturers, customers,
resellers, and/or end-use customers to infringe the ’515 Patent.
161.

LGE USA specifically intends for others, such as manufacturers, customers,

resellers, and end-use customers, to directly infringe the ’515 LGE Asserted Claims in the United
States. For example, LGE USA provides instructions to manufacturers, customers, resellers and
end-use customers regarding the use and operation of LGE USA’s products in an infringing way.
Such instructions include at least “LG G2 User Guide,” 50 “User Guide, LG Optimus F3,”51
“Owner’s Manual, LG Envoy II,” 52 and other similar user guides and support documentation
available on LGE USA’s support website. 53 When manufacturers, customers, resellers, and enduse customers follow such instructions, they directly infringe the ’515 LGE Asserted Claims.
LGE USA knows that by providing such instructions, manufacturers, customers, resellers, and
50

Available on LGE USA’s website at http://www.lg.com/us/support/software-manuals#.
Available on LGE USA’s website at http://www.lg.com/us/support/software-manuals#.
52
Available on LGE USA’s website at http://www.lg.com/us/support/software-manuals#.
53
See http://www.lg.com/us/support.
51

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end-use customers follow those instructions, and directly infringe the ’515 LGE Asserted
Claims.

LGE USA thus knows that its actions actively induce infringement.

LGE USA

performed the acts that constitute induced infringement, and would induce actual infringement,
with the knowledge of the ’515 Patent, and with knowledge or willful blindness that the induced
acts would constitute infringement.
162.

LGE USA indirectly infringes the ’515 Patent, by contributing to infringement by

others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. LGE USA received notice of the ’515 Patent at least as of the date this
lawsuit was filed.
163.

LGE USA’s upload services and/or devices allow for the obtaining of digital

content, pre-processing it, and transmitting it to another device, server, or location. When the
accused upload services and/or devices are used to send digital content of a certain size and/or
dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
devices must necessarily pre-process and send digital media in an infringing manner. Upon
information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
164.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on LGE USA’s upload services and/or devices.
165.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
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staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
166.

LGE USA’s accused upload services and/or devices, with the ability to obtain

digital content, pre-process it, and transmit it to another device, server, or location, are each a
material part of the invention of the ’515 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
The accused upload services and/or devices are especially made or adapted to infringe the ’515
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’515 Patent, LGE USA’s sales of its infringing products have
no substantial non-infringing uses.
167.

Accordingly, a reasonable inference is that LGE USA offers to sell, or sells within

the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’515 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
168.

LGE USA’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, LGE USA will continue to infringe the ’515
Patent.
LGE MobileComm Infringes the ’515 Patent
169.

LGE MobileComm has and continues to directly infringe the ’515 Patent by

making, using, selling, offering for sale, or importing into the United States products and/or
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methods covered by the ’515 LGE Asserted Claims, including, but not limited to LGE
MobileComm’s upload services and/or devices. The accused upload services and/or devices that
infringe one or more of the above-listed claims include, but are not limited to, at least the
following: D820 Red, Optimus F3Q D520, G Flex AT&T D950, G Flex T-Mobile D959, G Flex
Sprint LS995, G2 Verizon VS980 White, D820 T-Mobile Black, D820 Sprint Black, D820
Sprint White, G2 Verizon VS980, G2 AT&T D800, G2 T-Mobile D801, G2 Sprint LS980, G2
Sprint LS980 White, G2 AT&T D800 White, D2 T-Mobile D801 White, Wine III UN530,
Optimus F6 MS500, Optimus F6 D500, Enact VS890, Exalt VN360, Optimus F3 MS659,
Optimus F3 P659, Optimus F3 VM720, Rumor Reflex S LN272S Blue, Rumor Reflex S
LN272S Red, Fluid AN160, Optimus F7 LG870, Optimus F3 LS720 Titanium Silver, Optimus
F7 US780, Optimus F3 LS720 Purple, LGE960W, Optimus F5 AS870, Optimus G Pro E980,
Optimus G Pro E980 White, Envoy II UN160, Optimus Exceed VS840PP, Revere 2 VN150S,
Cosmos 3 VN251S, Optimus Zone VS410PP, Lucid2 VS870, Spirit 4G MS870, LGE960,
Optimus REGARD LW770, Mach LS860, Optimus G LS970, Optimus L9 P769, Freedom
UN272, Optimus G E970, Venice LG730, Escape P870, Spectrum 2 VS930, Splendor US730,
Intuition VS950, Motion 4G MS770, Optimus Zip LGL75C, Optimus Plus AS695, Optimus
Elite VM696, Elite LS696, Viper LS840, Xpression C395, A340, Rumor Reflex LG272, Rumor
Reflex LN272, Optimus M+ MS695, Lucid VS840, Spectrum VS920, Connect 4G MS840,
Extravert VN271, Optimus Net L45C, and any other LGE MobileComm mobile device capable
of obtaining digital content, pre-processing it, and transmitting it to another device, server, or
location; the integrated Twitter content upload functionality; and the MMS-to-Twitter
functionality.

Further discovery may reveal additional infringing products, models, and/or

functionality.

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170.

LGE MobileComm makes, uses, sells, offers for sale, or imports into the United

States these upload services and/or devices and thus directly infringes at least the ’515 LGE
Asserted Claims. Upon information and belief, LGE MobileComm also uses these upload
services and/or devices via its internal use and testing in the United States, directly infringing
each of the’515 LGE Asserted Claims. LGE MobileComm also directly infringes the ’515 LGE
Asserted Claims when its mobile devices execute the code responsible for the operation of the
accused upload services and/or devices.
171.

LGE MobileComm has and continues to induce and to contribute to infringement

of the ’515 Patent by intending that others make, use, import into, offer for sale, or sell in the
United States, products and/or methods covered by the ’515 LGE Asserted Claims, including,
but not limited to LGE MobileComm’s upload services and/or devices listed above. LGE
MobileComm provides these upload services and/or devices to others, such as manufacturers,
customers, resellers, and end-use consumers who in turn use, offer for sale, or sell in the United
States these upload services and/or devices that infringe the ’515 LGE Asserted Claims.
172.

LGE MobileComm indirectly infringes the ’515 Patent by inducing infringement

by others, such as manufacturers, customers, resellers, and end-use customers, in accordance
with 35 U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement
is the result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. LGE MobileComm received notice of
the ’515 Patent at least as of the date this lawsuit was filed. LGE MobileComm provides at least
the accused upload services and/or devices to others, such as manufacturers, customers, resellers,
and/or end-use customers, in the United States, who, in turn, offer for sale, sell, or use these
upload services and/or devices to infringe the ’515 Patent. Through its manufacture and sale of

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the accused upload services and/or devices, LGE MobileComm specifically intended its
manufacturers, customers, resellers, and/or end-use customers to infringe the ’515 Patent.
173.

LGE MobileComm specifically intends for others, such as manufacturers,

customers, resellers, and end-use customers, to directly infringe the ’515 LGE Asserted Claims
in the United States. For example, LGE MobileComm provides instructions to manufacturers,
customers, resellers and end-use customers regarding the use and operation of LGE
MobileComm’s products in an infringing way. Such instructions include at least “LG G2 User
Guide,” 54 “User Guide, LG Optimus F3,” 55 “Owner’s Manual, LG Envoy II,” 56 and other similar
user guides and support documentation available on LGE MobileComm’s support website. 57
When manufacturers, customers, resellers, and end-use customers follow such instructions, they
directly infringe the ’515 LGE Asserted Claims. LGE MobileComm knows that by providing
such instructions, manufacturers, customers, resellers, and end-use customers follow those
instructions, and directly infringe the ’515 LGE Asserted Claims. LGE MobileComm thus
knows that its actions actively induce infringement. LGE MobileComm performed the acts that
constitute induced infringement, and would induce actual infringement, with the knowledge of
the ’515 Patent, and with knowledge or willful blindness that the induced acts would constitute
infringement.
174.

LGE MobileComm indirectly infringes the ’515 Patent, by contributing to

infringement by others, such as customers, resellers, and end-use customers, in accordance with
35 U.S.C. § 271(c) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the customers, resellers, and/or end-use customers of the

54

Available on LGE MobileComm’s website at http://www.lg.com/us/support/software-manuals#.
Available on LGE MobileComm’s website at http://www.lg.com/us/support/software-manuals#.
56
Available on LGE MobileComm’s website at http://www.lg.com/us/support/software-manuals#.
57
See http://www.lg.com/us/support.
55

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accused upload services and/or devices. LGE MobileComm received notice of the ’515 Patent at
least as of the date this lawsuit was filed.
175.

LGE MobileComm’s upload services and/or devices allow for the obtaining of

digital content, pre-processing it, and transmitting it to another device, server, or location. When
the accused upload services and/or devices are used to send digital content of a certain size
and/or dimension over carrier networks and/or wi-fi networks, the accused upload services
and/or devices must necessarily pre-process and upload digital media in an infringing manner.
Upon information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
176.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on LGE MobileComm’s upload services and/or
devices.
177.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
178.

LGE MobileComm’s accused upload services and/or devices, with the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location, are
each a material part of the invention of the ’515 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
The accused upload services and/or devices are especially made or adapted to infringe the ’515
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Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
services and/or devices infringe the ’515 Patent, LGE MobileComm’s sales of its infringing
products have no substantial non-infringing uses.
179.

Accordingly, a reasonable inference is that LGE MobileComm offers to sell, or

sells within the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’515 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
180.

LGE MobileComm’s acts have caused, and unless restrained and enjoined, will

continue to cause irreparable injury and damage to Summit 6 and its affiliates for which there is
no adequate remedy at law. Unless enjoined by this Court, LGE MobileComm will continue to
infringe the ’515 Patent.
Motorola Infringes the ’515 Patent
181.

Motorola has and continues to directly infringe the ’515 Patent by making, using,

selling, offering for sale, or importing into the United States products and/or methods covered by
claims 1-3, 6, 7, 10, 11, 14-20, 23-30, 33-39, 44, and 48 of the ’515 Patent (hereinafter the “’515
Motorola Asserted Claims”), including, but not limited to Motorola’s upload services and/or
devices. The accused upload services and/or devices that infringe one or more of the abovelisted claims include, but are not limited to, at least the following: Moto X, Moto G, Droid Maxx,
Droid Ultra, Droid Mini, Moto X Developer Edition (GSM Networks), Moto X Developer
Edition Verizon, Droid Maxx Developer Edition, Droid Razr M, Droid Razr Maxx HD,
Motorola Photon Q 4G LTE, and any other Motorola mobile device capable of obtaining digital
content, pre-processing it, and transmitting it to another device, server, or location; the integrated
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Twitter content upload functionality; and the MMS-to-Twitter functionality. Further discovery
may reveal additional infringing products, models, and/or functionality.
182.

Motorola makes, uses, sells, offers for sale, or imports into the United States these

upload services and/or devices and thus directly infringes at least the ’515 Motorola Asserted
Claims. Upon information and belief, Motorola also uses these upload services and/or devices
via its internal use and testing in the United States, directly infringing each of the ’515 Motorola
Asserted Claims. Motorola also directly infringes the ’515 Motorola Asserted Claims when its
mobile devices execute the code responsible for the operation of the accused upload services
and/or devices.
183.

Motorola has and continues to induce and to contribute to infringement of the

’515 Patent by intending that others make, use, import into, offer for sale, or sell in the United
States, products and/or methods covered by the ’515 Motorola Asserted Claims, including, but
not limited to Motorola’s upload services and/or devices listed above. Motorola provides these
upload services and/or devices to others, such as manufacturers, customers, resellers, and enduse consumers who in turn use, offer for sale, or sell in the United States these upload services
and/or devices that infringe the ’515 Motorola Asserted Claims.
184.

Motorola indirectly infringes the ’515 Patent by inducing infringement by others,

such as manufacturers, customers, resellers, and end-use customers, in accordance with 35
U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. Motorola received notice of the ’515
Patent at least as of the date this lawsuit was filed. Motorola provides at least the accused upload
services and/or devices to others, such as manufacturers, customers, resellers, and/or end-use
customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
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and/or devices to infringe the ’515 Patent. Through its manufacture and sale of the accused
upload services and/or devices, Motorola specifically intended its manufacturers, customers,
resellers, and/or end-use customers to infringe the ’515 Patent.
185.

Motorola specifically intends for others, such as manufacturers, customers,

resellers, and end-use customers, to directly infringe the ’515 Motorola Asserted Claims in the
United States.

For example, Motorola provides instructions to manufacturers, customers,

resellers and end-use customers regarding the use and operation of Motorola’s products in an
infringing way. Such instructions include at least “Moto G User Guide,” 58 “Moto X User
Guide,” 59 “User’s Guide, Droid Ultra,” 60 and other similar user guides and support
documentation available on Motorola’s support website. 61 When manufacturers, customers,
resellers, and end-use customers follow such instructions, they directly infringe the ’515
Motorola Asserted Claims. Motorola knows that by providing such instructions, manufacturers,
customers, resellers, and end-use customers follow those instructions, and directly infringe the
’515 Motorola Asserted Claims.

Motorola thus knows that its actions actively induce

infringement. Motorola performed the acts that constitute induced infringement, and would
induce actual infringement, with the knowledge of the ’515 Patent, and with knowledge or
willful blindness that the induced acts would constitute infringement.
186.

Motorola indirectly infringes the ’515 Patent, by contributing to infringement by

others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
58

Available on Motorola’s website at https://motorola-globalportal.custhelp.com/ci/fattach/get/745538/1385483328/redirect/1/filename/68017554027a.pdf.
59
Available on Motorola’s website at https://motorola-globalportal.custhelp.com/ci/fattach/get/753825/1386258990/redirect/1/filename/Xfon_UG_KK_68017630001b.pdf.
60
Available on Motorola’s website at https://motorola-globalportal.custhelp.com/ci/fattach/get/675621/1377023134/redirect/1/filename/68017476001A.pdf.
61
See https://motorola-global-portal.custhelp.com/app/home/.
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services and/or devices. Motorola received notice of the ’515 Patent at least as of the date this
lawsuit was filed.
187.

Motorola’s upload services and/or devices allow for the obtaining of digital

content, pre-processing it, and transmitting it to another device, server, or location. When the
accused upload services and/or devices are used to send digital content of a certain size and/or
dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
devices must necessarily pre-process and upload digital media in an infringing manner. Upon
information and belief, the accused upload services and/or devices cannot operate in an
acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
another device, server, or location.
188.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on Motorola’s upload services and/or devices.
189.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
190.

Motorola’s accused upload services and/or devices, with the ability to obtain

digital content, pre-process it, and transmit it to another device, server, or location, are each a
material part of the invention of the ’515 Patent and are especially made for the infringing
manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
The accused upload services and/or devices are especially made or adapted to infringe the ’515
Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
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services and/or devices infringe the ’515 Patent, Motorola’s sales of its infringing products have
no substantial non-infringing uses.
191.

Accordingly, a reasonable inference is that Motorola offers to sell, or sells within

the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’515 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
192.

Motorola’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, Motorola will continue to infringe the ’515
Patent.
Apple Infringes the ’515 Patent
193.

Apple has and continues to directly infringe the ’515 Patent by making, using,

selling, offering for sale, or importing into the United States products and/or methods covered by
claims 1-3, 6, 7, 10, 11, 14-30, 33-41, 43, 44, 47-48, and 50-53 of the ’515 Patent (hereinafter the
“’515 Apple Asserted Claims”), including, but not limited to Apple’s upload services and/or
devices. The accused upload services and/or devices that infringe one or more of the abovelisted claims include, but are not limited to, at least the following: iPhone 3G, iPhone 3GS,
iPhone 4, iPhone 4S, iPhone 5, iPhone 5S, iPhone 5C, iPad (first generation), iPad 2, iPad (third
generation), iPad (fourth generation), iPad Air, iPad Mini (first generation), iPad Mini (second
generation), iPod Touch (third generation), iPod Touch (fourth generation), iPod Touch (fifth
generation), and any other Apple mobile device capable of obtaining digital content, preprocessing it, and transmitting it to another device, server, or location; Apple’s Messages
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Application, including its iMessage functionality and infrastructure; Apple’s Messaging-related
APIs; the integrated Twitter content upload functionality; and the MMS-to-Twitter functionality.
Further discovery may reveal additional infringing products, models, and/or functionality.
194.

Apple makes, uses, sells, offers for sale, or imports into the United States these

upload services and/or devices and thus directly infringes at least the ’515 Apple Asserted
Claims. Additionally, upon information and belief Apple drafts the source code related to at
least some of these upload services and/or devices. These acts are a direct infringement of the
’515 Apple Asserted Claims.

Upon information and belief, Apple also uses these upload

services and/or devices via its internal use and testing in the United States, directly infringing
each of the ’515 Apple Asserted Claims. Apple also directly infringes the ’515 Apple Asserted
Claims when its mobile devices and/or its servers execute the code responsible for the operation
of the accused upload services and/or devices.
195.

Apple has and continues to induce and to contribute to infringement of the ’515

Patent by intending that others make, use, import into, offer for sale, or sell in the United States,
products and/or methods covered by the ’515 Apple Asserted Claims, including, but not limited
to Apple’s upload services and/or devices listed above. Apple provides these upload services
and/or devices to others, such as manufacturers, customers, resellers, and end-use consumers
who in turn use, offer for sale, or sell in the United States these upload services and/or devices
that infringe the ’515 Apple Asserted Claims.
196.

Apple indirectly infringes the ’515 Patent by inducing infringement by others,

such as manufacturers, customers, resellers, and end-use customers, in accordance with 35
U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
result of activities performed by the manufacturers, customers, resellers, and/or end-use
customers of the accused upload services and/or devices. Apple received notice of the ’515
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Patent at least as of the date this lawsuit was filed. Apple provides at least the accused upload
services and/or devices to others, such as manufacturers, customers, resellers, and/or end-use
customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
and/or devices to infringe the ’515 Patent. Through its manufacture and sale of the accused
upload services and/or devices, Apple specifically intended its manufacturers, customers,
resellers, and/or end-use customers to infringe the ’515 Patent.
197.

Apple specifically intends for others, such as manufacturers, customers, resellers,

and end-use customers, to directly infringe the ’515 Apple Asserted Claims in the United States.
For example, Apple provides instructions to manufacturers, customers, resellers and end-use
customers regarding the use and operation of Apple’s products in an infringing way. Such
instructions include at least “iPhone User Guide for iPhone OS 3.1 Software,” 62 “iPhone User
Guide For iOS 7 (October 2013),” 63 “iPad User Guide For iOS 7 (October 2013),” 64 “iPod touch
User Guide For iOS 7 (October 2013),” 65 “MFMessageComposeViewController Class
Reference,” 66 and other similar user guides and support documentation available on Apple’s
support 67 and developer 68 websites. When manufacturers, customers, resellers, and end-use
customers follow such instructions, they directly infringe the ’515 Apple Asserted Claims.
Apple knows that by providing such instructions, manufacturers, customers, resellers, and enduse customers follow those instructions, and directly infringe the ’515 Apple Asserted Claims.

62

Available on Apple’s website at
http://manuals.info.apple.com/MANUALS/0/MA616/en_US/iPhone_iOS3.1_User_Guide.pdf.
63
Available on Apple’s website at
http://manuals.info.apple.com/MANUALS/1000/MA1565/en_US/iphone_user_guide.pdf.
64
Available on Apple’s website at
http://manuals.info.apple.com/MANUALS/1000/MA1595/en_US/ipad_user_guide.pdf.
65
Available on Apple’s website at
http://manuals.info.apple.com/MANUALS/1000/MA1596/en_US/ipod_touch_user_guide.pdf.
66
Available on Apple’s website at
https://developer.apple.com/library/ios/documentation/MessageUI/Reference/MFMessageComposeViewController_
class/Reference/Reference.html.
67
See http://www.apple.com/support/.
68
See https://developer.apple.com/.
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Apple thus knows that its actions actively induce infringement. Apple performed the acts that
constitute induced infringement, and would induce actual infringement, with the knowledge of
the ’515 Patent, and with knowledge or willful blindness that the induced acts would constitute
infringement.
198.

Apple indirectly infringes the ’515 Patent, by contributing to infringement by

others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
271(c) in this District and elsewhere in the United States. Direct infringement is the result of
activities performed by the customers, resellers, and/or end-use customers of the accused upload
services and/or devices. Apple received notice of the ’515 Patent at least as of the date this
lawsuit was filed.
199.

Apple’s upload services and/or devices allow for the obtaining of digital content,

pre-processing it, and transmitting it to another device, server, or location. When the accused
upload services and/or devices are used to send digital content of a certain size and/or dimension
over carrier networks and/or wi-fi networks, the accused upload services and/or devices must
necessarily pre-process and upload digital media in an infringing manner. Upon information and
belief, the accused upload services and/or devices cannot operate in an acceptable manner absent
the ability to obtain digital content, pre-process it, and transmit it to another device, server, or
location.
200.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on Apple’s upload services and/or devices.
201.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
staple article or commodity of commerce and that its use is required for operation of the accused
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upload services and/or devices.

Any other use would be unusual, far-fetched, illusory,

impractical, occasional, aberrant, or experimental.
202.

Apple’s accused upload services and/or devices, with the ability to obtain digital

content, pre-process it, and transmit it to another device, server, or location, are each a material
part of the invention of the ’515 Patent and are especially made for the infringing manufacturing,
offering for sale, sales, and use of the accused upload services and/or devices. The accused
upload services and/or devices are especially made or adapted to infringe the ’515 Patent.
Because the manufacturing, offering for sale, sales, and use of the accused upload services
and/or devices infringe the ’515 Patent, Apple’s sales of its infringing products have no
substantial non-infringing uses.
203.

Accordingly, a reasonable inference is that Apple offers to sell, or sells within the

United States a component of a patented machine, manufacture, combination, or composition, or
a material or apparatus for use in practicing the ’515 Patent, constituting a material part of the
invention, knowing the same to be especially made or especially adapted for use in an
infringement of such patent, and not a staple article or commodity of commerce suitable for
substantial non-infringing use.
204.

Apple’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, Apple will continue to infringe the ’515 Patent.
Twitter Infringes the ’515 Patent
205.

Twitter has and continues to directly infringe the ’515 Patent by making, using,

selling, offering for sale, or importing into the United States products and/or methods covered by
claims 1-3, 5-7, 10, 11, 14-19, 21-30, 33-38, 40, 41, 44, and 48 of the ’515 Patent (hereinafter the
“’515 Twitter Asserted Claims”), including, but not limited to Twitter’s upload services. The
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accused upload services that infringe one or more of the above-listed claims include, but are not
limited to, at least the following: the Twitter Application for iPhone, the Twitter Application for
iPad, the Twitter Application for Android, the Twitter Application for Android Tablet, and any
other Twitter Application capable of obtaining digital content, pre-processing it, and transmitting
it to another device, server, or location; the Twitter content upload functionality integrated into
the native sharing options for iOS and Android devices; Twitter’s APIs related to obtaining
digital content, pre-processing it, and transmitting it to another device, server, or location;
Twitter’s mobile website; and Twitter’s website-related infrastructure. Further discovery may
reveal additional infringing products, models, and/or functionality.
206.

Twitter makes, uses, sells, offers for sale, or imports into the United States these

upload services and thus directly infringes at least the ’515 Twitter Asserted Claims.
Additionally, upon information and belief, Twitter creates the source code related to each of
these upload services. These acts are a direct infringement of the ’515 Twitter Asserted Claims.
Upon information and belief, Twitter also uses these upload services via its internal use and
testing in the United States, directly infringing each of the ’515 Twitter Asserted Claims.
Twitter also directly infringes the ’515 Twitter Asserted Claims when it executes its code
responsible for the operation of the accused upload services.
207.

Twitter has and continues to induce and to contribute to infringement of the ’515

Patent by intending that others, including co-defendants HTC Corp., HTC America, LGE Inc.,
LGE USA, LGE MobileComm, Motorola, and Apple, make, use, import into, offer for sale, or
sell in the United States, products and/or methods covered by the ’515 Twitter Asserted Claims,
including, but not limited to Twitter’s upload services listed above. Twitter provides these
upload services to others, such as co-defendants, manufacturers, customers, resellers, application

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developers, and end-use consumers who in turn use, offer for sale, or sell in the United States
these upload services that infringe the ’515 Twitter Asserted Claims.
208.

Twitter indirectly infringes the ’515 Patent by inducing infringement by others,

such as co-defendants, manufacturers, customers, resellers, application developers, and end-use
customers, in accordance with 35 U.S.C. § 271(b) in this District and elsewhere in the United
States.

Direct infringement is the result of activities performed co-defendants, the

manufacturers, customers, resellers, application developers, and/or end-use customers of the
accused upload services. Twitter received notice of the ’515 Patent at least as of the date this
lawsuit was filed. Twitter provides at least the accused upload services to others, such as codefendants, manufacturers, customers, resellers, application developers, and/or end-use
customers, in the United States, who, in turn, offer for sale, sell, or use these upload services to
infringe the ’515 Patent. Through its manufacture and sale of the accused upload services,
Twitter specifically intended co-defendants, manufacturers, customers, resellers, application
developers, and/or end-use customers to infringe the ’515 Patent.
209.

Twitter specifically intends for others, such as co-defendants, to directly infringe

the ’515 Twitter Asserted Claims in the United States. For example, Twitter provides its accused
upload services to HTC Corp. for integration into HTC Corp.’s accused upload services and/or
devices.

For example, Twitter provides its accused upload services to HTC America for

integration into HTC America’s accused upload services and/or devices. For example, Twitter
provides its accused upload services to LGE Inc. for integration into LGE Inc.’s accused upload
services and/or devices. For example, Twitter provides its accused upload services to LGE USA
for integration into LGE USA’s accused upload services and/or devices. For example, Twitter
provides its accused upload services to LGE MobileComm for integration into LGE
MobileComm’s accused upload services and/or devices. For example, Twitter provides its
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accused upload services to Motorola for integration into Motorola’s accused upload services
and/or devices.

For example, Twitter provides its accused upload services to Apple for

integration into Apple’s accused upload services and/or devices. When co-defendants include
the integrated Twitter content upload functionality in their accused upload services and/or
devices, they directly infringe the ’515 Twitter Asserted Claims. Twitter knows that providing
the integrated Twitter content upload functionality to co-defendants induces co-defendants to
directly infringe the ’515 Twitter Asserted Claims. Twitter thus knows that its actions actively
induce infringement. Twitter performed the acts that constitute induced infringement, and would
induce actual infringement, with the knowledge of the ’515 Patent, and with knowledge or
willful blindness that the induced acts would constitute infringement.
210.

Twitter also specifically intends for others, such as manufacturers, customers,

resellers, application developers, and end-use customers, to directly infringe the ’515 Twitter
Asserted Claims in the United States.

For example, Twitter provides instructions to

manufacturers, customers, resellers, application developers, and end-use customers regarding the
use and operation of Twitter’s accused services in an infringing way. Such instructions include
at least “Getting started with Twitter for iPhone,” 69 “Getting started with Twitter for Android,”70
“Using mobile.twitter.com on a smartphone or tablet,” 71 “POST statuses/update_with_media,”72
and other similar user guides and support documentation available on Twitter’s support 73 and
developer 74 websites. When manufacturers, customers, resellers, application developers, and
end-use customers follow such instructions, they directly infringe the ’515 Twitter Asserted

69

Available on Twitter’s website at https://support.twitter.com/articles/20169500.
Available on Twitter’s website at https://support.twitter.com/groups/54-mobile-apps/topics/223android/articles/168930-getting-started-with-twitter-for-android.
71
Available on Twitter’s website at https://support.twitter.com/groups/54-mobile-apps/topics/224-mobileweb/articles/20113771-using-mobile-twitter-com-on-a-smartphone-or-tablet.
72
Available on Twitter’s website at https://dev.twitter.com/docs/api/1.1/post/statuses/update_with_media.
73
See https://support.twitter.com/.
74
See https://dev.twitter.com/.
70

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Claims. Twitter knows that by providing such instructions, manufacturers, customers, resellers,
application developers, and end-use customers follow those instructions, and directly infringe the
’515 Twitter Asserted Claims. Twitter thus knows that its actions actively induce infringement.
Twitter performed the acts that constitute induced infringement, and would induce actual
infringement, with the knowledge of the ’515 Patent, and with knowledge or willful blindness
that the induced acts would constitute infringement.
211.

Twitter indirectly infringes the ’515 Patent, by contributing to infringement by

others, such as co-defendants, customers, resellers, application developers, and end-use
customers, in accordance with 35 U.S.C. § 271(c) in this District and elsewhere in the United
States. Direct infringement is the result of activities performed by co-defendants, customers,
resellers, application developers, and/or end-use customers of the accused upload services.
Twitter received notice of the ’515 Patent at least as of the date this lawsuit was filed.
212.

Twitter’s upload services allow for the obtaining of digital content, pre-processing

it, and transmitting it to another device, server, or location. When the accused upload services
are used to send digital content of a certain size and/or dimension over carrier networks and/or
wi-fi networks, the accused upload services and/or devices pre-process and send digital media in
an infringing manner. Upon information and belief, the accused upload services cannot operate
in an acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it
to another device, server, or location.
213.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is
especially made or especially adapted to operate on Twitter’s upload services.
214.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
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staple article or commodity of commerce and that its use is required for operation of the accused
upload services. Any other use would be unusual, far-fetched, illusory, impractical, occasional,
aberrant, or experimental.
215.

Twitter’s accused upload services, with the ability to obtain digital content, pre-

process it, and transmit it to another device, server, or location, are each a material part of the
invention of the ’515 Patent and are especially made for the infringing manufacturing, offering
for sale, sales, and use of the accused upload services.

The accused upload services are

especially made or adapted to infringe the ’515 Patent. Because the manufacturing, offering for
sale, sales, and use of the accused upload services infringe the ’515 Patent, Twitter’s sales of its
infringing products have no substantial non-infringing uses.
216.

Accordingly, a reasonable inference is that Twitter offers to sell, or sells within

the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’515 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
217.

Twitter’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, Twitter will continue to infringe the ’515 Patent.
COUNT III
Infringement of the ’557 Patent
218.

Summit 6 repeats and realleges the allegations in paragraphs 1-217 as though

fully set forth herein.
Twitter Infringes the ’557 Patent
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219.

Twitter has and continues to directly infringe the ’557 Patent by making, using,

selling, offering for sale, or importing into the United States products and/or methods covered by
claims 1, 2, 4, 7, 10-16, 18, 23-29, 31, 33-38, and 41-44 of the ’557 Patent (hereinafter the “’557
Twitter Asserted Claims”), including, but not limited to Twitter’s upload services. The accused
upload services that infringe one or more of the above-listed claims include, but are not limited
to, at least the following: Twitter’s mobile website, mobile.twitter.com, and related infrastructure
when used on a smartphone or tablet device, and any other Twitter website and related
infrastructure capable of obtaining digital content, pre-processing it, and transmitting it to
another device, server, or location. Further discovery may reveal additional infringing products,
models, and/or functionality.
220.

Twitter makes, uses, sells, offers for sale, or imports into the United States these

upload services and thus directly infringes at least the ’557 Twitter Asserted Claims.
Additionally, upon information and belief, Twitter creates the source code related to each of
these upload services. These acts are a direct infringement of the ’557 Twitter Asserted Claims.
Upon information and belief, Twitter also uses these upload services via its internal use and
testing in the United States, directly infringing each of the ’557 Twitter Asserted Claims.
Twitter also directly infringes the ’557 Twitter Asserted Claims when it executes its code
responsible for the operation of the accused upload services.
221.

Twitter has and continues to induce and to contribute to infringement of the ’557

Patent by intending that others make, use, import into, offer for sale, or sell in the United States,
products and/or methods covered by the ’557 Twitter Asserted Claims, including, but not limited
to Twitter’s upload services listed above. Twitter provides these upload services to others, such
as co-defendants, manufacturers, customers, resellers, application developers, and end-use

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consumers who in turn use in the United States these upload services that infringe the ’557
Twitter Asserted Claims.
222.

Twitter indirectly infringes the ’557 Patent by inducing infringement by others,

such as co-defendants, manufacturers, customers, resellers, application developers, and end-use
customers, in accordance with 35 U.S.C. § 271(b) in this District and elsewhere in the United
States.

Direct infringement is the result of activities performed co-defendants, the

manufacturers, customers, resellers, application developers, and/or end-use customers of the
accused upload services. Twitter received notice of the ’557 Patent at least as of the date this
lawsuit was filed. Twitter provides at least the accused upload services to others, such as codefendants, manufacturers, customers, resellers, application developers, and/or end-use
customers, in the United States, who, in turn, use these upload services to infringe the ’557
Patent. Through its manufacture and sale of the accused upload services, Twitter specifically
intended co-defendants, manufacturers, customers, resellers, application developers, and/or enduse customers to infringe the ’557 Patent.
223.

Twitter specifically intends for others, such as manufacturers, customers,

resellers, application developers, and end-use customers, to directly infringe the ’557 Twitter
Asserted Claims in the United States.

For example, Twitter provides instructions to

manufacturers, customers, resellers, application developers, and end-use customers regarding the
use and operation of Twitter’s accused services in an infringing way. Such instructions include
at least “Using mobile.twitter.com on a smartphone or tablet,” 75 “I’m having trouble with
mobile.twitter.com,” 76 “FAQs about mobile.twitter.com,” 77 and other similar user guides and

75

Available on Twitter’s website at https://support.twitter.com/articles/20113771-using-mobile-twitter-com-on-asmartphone-or-tablet.
76
Available on Twitter’s website at https://dev.twitter.com/docs/api/1.1/post/statuses/update_with_media.
77
Available on Twitter’s website at https://support.twitter.com/groups/54-mobile-apps/topics/224-mobileweb/articles/20169900-faqs-about-mobile-twitter-com.
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support documentation available on Twitter’s support 78 and developer 79 websites.

When

manufacturers, customers, resellers, application developers, and end-use customers follow such
instructions, they directly infringe the ’557 Twitter Asserted Claims. Twitter knows that by
providing such instructions, manufacturers, customers, resellers, application developers, and enduse customers follow those instructions, and directly infringe the ’557 Twitter Asserted Claims.
Twitter thus knows that its actions actively induce infringement. Twitter performed the acts that
constitute induced infringement, and would induce actual infringement, with the knowledge of
the ’557 Patent, and with knowledge or willful blindness that the induced acts would constitute
infringement.
224.

Twitter indirectly infringes the ’557 Patent, by contributing to infringement by

others, such as co-defendants, customers, resellers, application developers, and end-use
customers, in accordance with 35 U.S.C. § 271(c) in this District and elsewhere in the United
States. Direct infringement is the result of activities performed by co-defendants, customers,
resellers, application developers, and/or end-use customers of the accused upload services.
Twitter received notice of the ’557 Patent at least as of the date this lawsuit was filed.
225.

Twitter’s upload services allow for the obtaining of digital content, pre-processing

it, and transmitting it to or receiving it at another device, server, or location. When the accused
upload services are used to send digital content of a certain size and/or dimension over carrier
networks and/or wi-fi networks, the accused upload services pre-process that digital content in an
infringing manner. Upon information and belief, the accused upload services cannot operate in
an acceptable manner absent the ability to pre-process media objects.

78
79

See https://support.twitter.com/.
See https://dev.twitter.com/.

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226.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to or receive it at another device, server, or
location is especially made or especially adapted to operate on Twitter’s upload services.
227.

A reasonable inference to be drawn from the facts set forth is that the ability to

obtain digital content, pre-process it, and transmit it to or receive it at another device, server, or
location is not a staple article or commodity of commerce and that its use is required for
operation of the accused upload services. Any other use would be unusual, far-fetched, illusory,
impractical, occasional, aberrant, or experimental.
228.

Twitter’s accused upload services, with the ability to obtain digital content, pre-

process it, and transmit it to or receive it at another device, server, or location, are each a material
part of the invention of the ’557 Patent and are especially made for the infringing manufacturing,
offering for sale, sales, and use of the accused upload services. The accused upload services are
especially made or adapted to infringe the ’557 Patent. Because the manufacturing, offering for
sale, sales, and use of the accused upload services infringe the ’557 Patent, Twitter’s sales of its
infringing products have no substantial non-infringing uses.
229.

Accordingly, a reasonable inference is that Twitter offers to sell, or sells within

the United States a component of a patented machine, manufacture, combination, or
composition, or a material or apparatus for use in practicing the ’557 Patent, constituting a
material part of the invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or commodity of commerce
suitable for substantial non-infringing use.
230.

Twitter’s acts have caused, and unless restrained and enjoined, will continue to

cause irreparable injury and damage to Summit 6 and its affiliates for which there is no adequate
remedy at law. Unless enjoined by this Court, Twitter will continue to infringe the ’557 Patent.
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DEMAND FOR JURY TRIAL
Summit 6 hereby demands a jury for all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, Summit 6 respectfully requests that this Court enter judgment in its favor
and grant the following relief:
A.

that Defendants’ accused products infringe the claims of the Patents-in-Suit;

B.

award Summit 6 damages in an amount adequate to compensate Summit 6 for

Defendants’ accused products’ infringement of the claims of the Patents-in-Suit, but in no event
less than a reasonable royalty under 35 U.S.C. § 284;
C.

award enhanced damages pursuant to 35 U.S.C. § 284;

D.

award Summit 6 pre-judgment interest and post-judgment interest at the

maximum rate allowed by law;
E.

award Summit 6 its costs of court;

F.

enter an order declaring that this is an exceptional case and award Summit 6 its

reasonable attorneys’ fees pursuant to 35 U.S.C. § 285;
G.

order an accounting for damages;

H.

enter a preliminary and permanent injunction enjoining Defendants, and all others

in active concert with Defendants, from further infringement of the Patents-in-Suit;
I.

award a compulsory future royalty for any patent of the Patents-in-Suit for which

an injunction does not issue; and
J.

award such further relief as the Court deems just and proper.

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Dated: February 18, 2014

Respectfully submitted,
MCKOOL SMITH, P.C.
By: /s/ Douglas A. Cawley
Douglas A. Cawley
Lead Attorney
Texas State Bar No. 04035500
[e-mail]
Theodore Stevenson III
Texas State Bar No. 19196650
[e-mail]
Phillip M. Aurentz
Texas State Bar No. 24059404
[e-mail]
Ashley N. Moore
Texas State Bar No. 24074748
[e-mail]
Mitchell R. Sibley
Texas State Bar No. 24073097
[e-mail]
Richard A. Kamprath
Texas State bar No. 24078767
[e-mail]
McKool Smith, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Bradley W. Caldwell
Texas State Bar No. 24040630
[e-mail]
Caldwell Cassady & Curry
2101 Cedar Springs Road, Suite 1000
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
ATTORNEYS FOR PLAINTIFF
SUMMIT 6 LLC

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