Case 2:19-cv-01444-GW-KS Document 36 Filed 06/04/19 Page 1 of 112 Page ID #:371
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`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`James R. Asperger (Bar No. 83188)
`Jordan R. Jaffe (Bar No. 254886)
`jamesasperger@quinnemanuel.com
`jordanjaffe@quinnemanuel.com
`Yury Kapgan (Bar No. 218366)
`50 California Street, 22nd Floor
`yurykapgan@quinnemanuel.com
`San Francisco, CA 94111
`865 S. Figueroa Street, 10th Floor
`Telephone: (415) 875-6600
`Los Angeles, CA 90017
`Facsimile: (415) 875-6700
`Telephone: (213) 443-3000
`
`BLACKBERRY CORPORATION
`Facsimile: (213) 443-3100
`
`Edward R. McGah, Jr (Bar No. 97719)
`Victoria F. Maroulis (Bar No. 202603)
`Vice President, Deputy General
`victoriamaroulis@quinnemanuel.com
`Counsel – Litigation
`555 Twin Dolphin Drive, 5th Floor
`41 Ticknor Place
`Redwood Shores, CA 94065
`Laguna Niguel, California 92677
`Telephone: (650) 801-5000
`Telephone: (650) 581-4750
`Facsimile: (650) 801-5100
`
`Attorneys for Plaintiff
`BlackBerry Limited
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
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`BLACKBERRY LIMITED, a
`Canadian corporation,
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`
`Plaintiff,
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`v.
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`TWITTER, INC., a Delaware
`corporation
`
`
`
`
`
`
`Defendant.
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`CASE NO. 2:19-cv-1444-GW (KSx)
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`FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
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`JURY TRIAL DEMANDED
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`Case No. 2:19-cv-1444-GW (KSx)
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:19-cv-01444-GW-KS Document 36 Filed 06/04/19 Page 2 of 112 Page ID #:372
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Plaintiff BlackBerry Limited (“BlackBerry” or “Plaintiff”) hereby asserts the
`following claims for patent infringement against Defendant Twitter, Inc. (“Twitter”
`or “Defendant”), and alleges as follows:
`SUMMARY
`1.
`BlackBerry Pioneers Mobile Messaging - BlackBerry has been a
`leading innovator in the field of mobile communications for the past 30 years,
`having invested substantial sums into research and development of communications
`technologies. BlackBerry’s innovations led to the commercialization of some of the
`earliest models of smartphones in the United States, enabling its users to, among
`other things, send and receive e-mails securely and surf the internet anytime and
`anywhere. These same innovations prompted the rise of the smartphone as a
`necessary everyday accessory for businesspersons and ordinary consumers alike.
`2.
`One example of BlackBerry’s innovations is the BlackBerry Messenger
`technology, which revolutionized instant messaging by providing users with secure,
`user-friendly, point-to-point instant messaging on their mobile devices. In many
`respects, through BlackBerry Messenger and other research and development,
`BlackBerry helped pioneer modern mobile messaging—secure, instant and user
`friendly on a mobile device. The appeal and success of BlackBerry Messenger led
`consumers to consider instant messaging functionality as an integral aspect of
`mobile communications, resulting today in billions of people worldwide engaging in
`instant messaging over their mobile devices.
`3.
`As an innovator, BlackBerry took many steps to safeguard this valuable
`intellectual property. It received numerous patents protecting the cutting-edge
`features of its mobile phones, BlackBerry Messenger, and other communications
`applications that make such products secure, easy-to-use, and ultimately engaging to
`the end-user, thereby driving user growth and retention.
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`Case No. 2:19-cv-1444-GW (KSx)
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`4.
`Defendant Later Develops Competing Applications that Improperly
`Use BlackBerry’s Mobile Messaging Intellectual Property - Defendant, on the
`other hand, is a relative latecomer to the mobile messaging world. Defendant
`created mobile messaging applications that co-opt BlackBerry’s innovations, using a
`number of the innovative user interface and functionality enhancing features that
`made BlackBerry’s products such a critical and commercial success in the first
`place.
`5.
`The Patents-in-Suit cover, for example:
`(a) User Interface Improvements For Mobile Devices—including (i)
`improvements in message notification techniques that streamline and
`optimize reception of new message notifications that prevent users from being
`inundated with numerous messaging notifications, (ii) resetting a new
`message indicator when a user accesses their inbox list of messaging
`conversations, which saves users from having to individually view each
`conversation in which there is a new message in order to reset their new
`message indicator;
`(b) Messaging and Social Networking Improvements for Mobile Devices—
`including (i) improved techniques for determining whether a recipient has
`read messages in a conversation by inferring the status of one or more of the
`messages, thereby reducing data transmissions, power consumption and
`improving battery life in mobile devices, (ii) improved techniques for making
`informational content, selected by one user, available to one or more other
`users via a data hub server that avoids users having to download and re-
`upload content that they wish to share, thereby reducing unnecessary data
`transmissions, power consumption and improving battery life in mobile
`devices, and (iii) improving engagement in social networking platforms by
`selectively adjusting notification of social media messages containing certain
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`content, such as rapidly spreading misinformation or untruthful, derogatory or
`defamatory statements, and other undesirable or offensive content; and
`(c) Mobile Advertising—improved
`techniques of delivering
`targeted
`advertising and content to mobile devices based on user demographics and
`interest, as well as the location of the user’s mobile device and time-based
`triggers.
`6.
`Defendant’s Use of BlackBerry’s Mobile Messaging Innovations
`Harms BlackBerry and Provides an Undeserved Windfall to Defendant—
`Defendant’s use of BlackBerry’s inventions, and infringement of the Patents-in-Suit,
`has succeeded in diverting consumers away from BlackBerry’s products and
`services and toward those of Defendant. This has resulted in a substantial and
`undeserved windfall for Defendant as these users drive Defendant’s revenue.
`Defendant’s gain comes at BlackBerry’s expense, depriving BlackBerry of revenue
`to which it is entitled as a result of its inventions.
`7.
`BlackBerry attempted to resolve this dispute without resorting to
`litigation. For example, Blackberry reached out to Defendant’s General Counsel in
`June and July 2017 regarding BlackBerry’s patent portfolio and, among other
`things, identified two of the Patents-in-Suit as being infringed by Defendant. See
`Ex. I, attached hereto. However, Defendant has refused to adequately compensate
`BlackBerry for its use of BlackBerry’s intellectual property. Through this suit,
`BlackBerry seeks redress for the harm caused by Defendant’s unlawful use of
`BlackBerry’s intellectual property.
`INTRODUCTION TO BLACKBERRY
`8.
`For more than 30 years, BlackBerry has been a leading innovator in the
`communications
`industry. BlackBerry’s
`cutting-edge wireless
`mobile
`communication products and services have transformed the way people around the
`world connect, converse, and share digital information.
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`9.
`BlackBerry was founded in 1984 in Waterloo, Ontario by two
`engineering students, Mike Lazaridis and Douglas Fregin. In its early years, the
`company—then named Research In Motion (“RIM”)—focused its inventive
`energies on wireless data transmission.
`10. From its modest beginnings more than 30 years ago, BlackBerry has
`gone on to offer a portfolio of award-winning products, services, and embedded
`technologies to tens of millions of individual consumers and organizations around
`the world, including governments, and educational institutions. By transforming the
`way people communicate, BlackBerry laid a foundation for today’s multibillion-
`dollar modern smartphone
`industry.
` BlackBerry’s
`innovations
`in mobile
`communications continue to this day through BlackBerry’s award-winning software
`platform and devices, which enable and manage security, mobility, and
`communications between and among hardware, programs, mobile applications, and
`the Internet of Things (IoT).
`11.
`its ground-breaking mobile
`In
`the
`course of developing
`communications systems, BlackBerry (and the BlackBerry family of companies)
`invented a broad array of technologies that cover everything from enhanced security
`and cryptographic techniques, to mobile device user interfaces, instant messaging
`functionality, communication servers, and many other areas. To take just one
`example, security posed a critical challenge for BlackBerry to address when
`bringing its mobile devices to market. Commercial acceptance of such mobile
`devices required providing mechanisms to ensure safe and secure communications
`so that users and businesses could be confident that their confidential and private
`information stayed that way in the face of ever-increasing security threats. As a
`result of its innovative technologies, BlackBerry has been universally recognized as
`the gold standard when it comes to safe and secure data communications over
`mobile devices.
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`12.
`its history, BlackBerry has demonstrated a
`throughout
`Indeed,
`commitment to innovation, including through its investments in research and
`development, which have totaled more than $5.5 billion over the past decade.
`BlackBerry has protected the technical innovations resulting from these investments,
`including by seeking patent protection, and as detailed below, BlackBerry owns
`rights to an array of patented technologies in the United States.
`13. BlackBerry owns United States Patent Nos. 8,676,929, 8,296,351,
`9,349,120, 9,021,059, 8,286,089, 8,572,182, and 8,825,777 (collectively, the
`“Patents-in-Suit”). Defendant infringes the Patents-in-Suit by using, without
`authorization, BlackBerry’s proprietary technologies in a number of commercial
`products and services, such as Twitter, the Twitter application,1 and Twitter Ads
`which are marketed, offered and distributed to advertisers and users of mobile and
`other devices throughout the United States, including in this District.
`14. By this action, BlackBerry seeks to put an end to Defendant’s
`unauthorized use of BlackBerry’s patented technologies and to obtain compensation
`for the harm BlackBerry has suffered.
`NATURE OF THE ACTION
`15. This is a civil action for patent infringement under the patent laws of
`the United States, 35 U.S.C. § 1 et seq.
`16. Defendant has infringed and continues to infringe, and has induced and
`continues to induce infringement of, one or more claims of the Patents-in-Suit at
`least by making, using, selling, and/or offering to sell Twitter Ads and the Twitter
`application for mobile and other devices in the United States, including in this
`District.
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`1 As used herein, “Twitter application” refers to all applicable versions of the
`Twitter application, including those released for iOS, Android, Windows, and the
`web (www.twitter.com).
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`17. BlackBerry is the legal owner by assignment of the Patents-in-Suit,
`which were duly and legally issued by the United States Patent and Trademark
`Office (“USPTO”). BlackBerry seeks injunctive relief and monetary damages.
`THE PARTIES
`18. Plaintiff BlackBerry Limited is a Canadian company with its principal
`place of business at 2200 University Avenue East, Waterloo, Ontario, Canada N2K
`0A7. BlackBerry Limited is the owner of intellectual property rights at issue in this
`action.
`19. On information and belief, Defendant is a Delaware corporation with a
`principal place of business at 1355 Market St. Ste. 900, San Francisco, CA 94103.
`On information and belief, Defendant maintains offices in Santa Monica, California,
`operates and owns the website located at www.twitter.com, and markets, offers, and
`distributes applications and services such as Twitter and Twitter Ads throughout the
`United States, including in this District.
`20. Upon information and belief, Defendant directly and/or indirectly
`develops, designs, manufactures, distributes, markets, offers to sell and/or sells
`infringing products and services in the United States, including in this District, and
`otherwise purposefully directs infringing activities to this District in connection with
`the Twitter application and Twitter Ads.
`JURISDICTION AND VENUE
`21. This is a civil action for patent infringement arising under the patent
`laws of the United States, 35 U.S.C. § 1 et seq.
`22. This Court has subject matter jurisdiction over the matters asserted
`herein under 28 U.S.C. §§ 1331 and 1338(a) and 35 U.S.C. §§ 271 et seq.
`23. This Court has personal jurisdiction over Defendant, in part because
`Defendant does continuous and systematic business in this District, including by
`providing infringing products and services to the residents of this District that it
`knew would be used within this District, and by soliciting business from the
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`residents of this District. For example, Defendant is subject to personal jurisdiction
`in this Court because, among other reasons, upon information and belief, it has a
`regular and established place of business at its offices in this District, including its
`office
`in Santa Monica
`(see
`https://careers.twitter.com/en/locations/los-
`angeles.html), employs over 80 individuals in the Los Angeles Metro Area (see Ex.
`H) and elsewhere in the State of California, and directly and through agents
`regularly does, solicits and transacts business in the Central District of California
`and elsewhere in the State of California, including through its website at
`www.twitter.com, Twitter Ads, and its Twitter application, all of which are
`marketed, offered, and distributed to and utilized by advertisers and users of
`computing and mobile devices in this District and throughout the State of California.
`24.
`In particular, Defendant has committed and continues to commit acts of
`infringement in violation of 35 U.S.C. § 271, and has made, used, marketed,
`distributed, offered for sale, sold, and/or imported infringing products and services
`in the State of California, including in this District, and engaged in infringing
`conduct within and directed at or from this District. For example, Defendant has
`purposefully and voluntarily placed the Twitter application and Twitter Ads into the
`stream of commerce with the expectation that its infringing products and services
`will be used in this District. The infringing Twitter application and Twitter Ads
`have been and continue to be distributed to and used in this District. Defendant’s
`acts cause injury to BlackBerry, including within this District.
`25. Venue is proper in this District under the provisions of 28 U.S.C.
`§§ 1391 and 1400(b) at least because a substantial part of the events or omissions
`giving rise to the claims occurred in this judicial district, and because Defendant has
`committed acts of infringement in this District and has a regular and established
`place of business in this District.
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`26.
`In particular, on information and belief, Defendant has a regular and
`established place of business in this District located in Santa Monica, California.2
`On further information and belief, Defendant employs engineers and/or other
`personnel within this District, including at its office in Santa Monica.3
`FACTS COMMON TO ALL CLAIMS
`BlackBerry’s Innovation and Industry Recognition
`27. BlackBerry is a global leader in the mobile communications industry.
`Through its significant investment in research and development over the past 30
`years, BlackBerry has developed innovative, cutting-edge technologies that have
`changed the face of telecommunications. In particular, BlackBerry has developed
`key innovations in the way mobile devices and communications software interact
`with and receive input from users. BlackBerry’s innovations in messaging and UI
`development improved the speed and accuracy with which users could perform
`various tasks on their mobile devices.
`28.
`In the late 1990s, BlackBerry began to release a series of game-
`changing handheld mobile devices that enabled users to send and receive email and
`messages on the go, without needing to be tethered to a modem or a desktop
`computer. The innovative nature of the 1998 RIM 950 Wireless Handheld, for
`example, was instantly recognized, garnering both an Editor’s Choice Award from
`CNET and Andrew Seybold’s Outlook Award. In particular, the press praised the
`RIM 950’s keyboard for its advanced ergonomic features, including an easy-to-type-
`on keyboard layout despite the device’s miniature size.
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`2 See, e.g., https://careers.twitter.com/en/locations/los-angeles.html;
`https://twitter.com/TwitterLA (“Official Account for the tweeps in the #TwitterLA
`office!”).
`3 For example, www.linkedin.com identifies more than 80 Twitter employees in the
`Greater Los Angeles Area. (See Ex. H.)
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`29.
`In 2002, BlackBerry released the BlackBerry 6710 and 6720 – the first
`BlackBerry devices capable of both sending emails and making phone calls, and
`some of the earliest smartphones released in the United States. The next year,
`BlackBerry introduced smartphone models that added built-in audio hardware and
`color screens. Since those early smartphones, BlackBerry has continued to offer
`handheld wireless products incorporating its proprietary technologies in security,
`communications, mobile device user interfaces, and other areas.
`30.
`In 2005, BlackBerry introduced the innovative BlackBerry Messenger
`(or “BBM”) application, which revolutionized the concept of instant messaging.
`BBM provided the first form of point-to-point communications that was instant,
`cross-carrier, and mobile. The developers of BBM further incorporated a well-
`designed graphical user interface and other innovative features not utilized by
`messaging platforms at that time. For example, BBM has been credited as the first
`messaging platform to enable status updates showing when messages were
`Delivered and Read by users, which created a pioneering sense of real-time presence
`that is now standard in many instant messaging applications. Additionally, BBM’s
`unique platform has allowed users to communicate even when traditional forms of
`cell communication were incapacitated, such as during the Chilean earthquake in
`2010.4
`31. Over the years, BlackBerry continued to develop and improve
`successive versions of BBM by introducing features such as GPS positioning,
`connected applications, voice chat, private chat, and many other features. As a
`result, BBM has been widely downloaded and is popular among users of all
`platforms, including Android and iOS. Indeed, more than 5 million people
`
`4 See, e.g., https://www.cio.com/article/2420175/blackberry-phone/blackberry-
`messenger--bbm--keeps-chilean-quake-affected-connected.html;
`http://www.nytimes.com/2001/09/20/technology/the-right-connections-the-simple-
`blackberry-allowed-contact-when-phones-failed.html.
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`downloaded BBM within 8 hours of the release of its Android and iOS versions in
`October 2013. By March 4, 2015, the Android version of BBM had reached 100
`million Google Play installs. BBM also enjoys strong user loyalty, with studies
`finding that 82% of BBM’s Android users continue using the application 90 days
`after installation.
`32. Each successive iteration of BlackBerry’s wireless devices and
`technologies have received significant unsolicited coverage in the media. For
`example, GSMA—the largest and most well-known association of mobile
`operators—recognized BlackBerry and
`its communication
`technologies as
`“chang[ing] the face of corporate communication.” Thomson Reuters named
`BlackBerry one of the World’s Top 100 Most Innovative Organizations, based
`largely on the number of “important patents” owned by BlackBerry. In 2015,
`Forrester Research crowned BlackBerry as a “leader in mobile management” based
`on BlackBerry’s focus in security software and mobile solutions.
`33. BlackBerry’s handheld devices and communications technologies have
`garnered widespread industry acclaim for both their unique design and their
`performance. For example, BlackBerry mobile devices have garnered dozens of
`industry awards, including the GSMA Chairman’s Award, InfoWorld Magazine’s
`Product of the Year Award, PC World’s World Class Award, the Network Industry
`Award for Best New Mobile Communications Product, the BusinessWeek Best
`Product of the Year Award, Digit Magazine’s “World’s Best Mobile OS” Award,
`Security Products “Govies” Government Security Award, and PC Magazine’s Best
`Products of the Year Award. BBM in particular has been recognized for its
`innovations in mobile messaging, being awarded “Superstar” distinction from the
`2014 Mobile Star Awards in the Mobile Messaging or Email category, the Indonesia
`Golden Ring Award for Best Mobile Social Media, and the ICA 2014 Award for
`Best Mobile Chat App.
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`34. BlackBerry’s more recent innovations have garnered similar industry
`acclaim. For example, in 2015 BlackBerry’s Passport was awarded the prestigious
`Red Dot “Best of the Best” award for innovative product design (from thousands of
`total entries); BlackBerry and BBM were recognized with the Mobile Marketing
`Association’s “Smartie” Award for 2015 Publisher/Media Company of the Year in
`Mobile; and BlackBerry’s PRIV was awarded the Red Dot “Design Award” for best
`product design in 2016.
`
`BlackBerry’s Patents
`35. U.S. Patent No. 8,676,929 (“’929 Patent”) is entitled “System and
`method for pushing information to a mobile device,” and was issued on March 18,
`2014. A true and correct copy of the ’929 Patent is attached as Exhibit A.
`36. The ’929 Patent was filed on September 13, 2012 as U.S. Patent
`Application No. 13/614,884 and claims priority to, inter alia, U.S. Provisional Appl.
`No. 60/307,265 filed July 23, 2001.
`37. BlackBerry Limited is the owner of all rights, title, and interest in and
`to the ’929 Patent, with the full and exclusive right to bring suit to enforce the ’929
`Patent, including the right to recover for past infringement.
`38. The ’929 Patent is valid and enforceable under United States Patent
`Laws.
`39. U.S. Patent No. 8,296,351 (“’351 Patent”) is entitled “System and
`method for pushing information to a mobile device,” and was issued on October 23,
`2012. A true and correct copy of the ’351 Patent is attached as Exhibit B.
`40. The ’351 Patent was filed on March 18, 2010 as U.S. Patent
`Application No. 12/726,405 and claims priority to, inter alia, U.S. Provisional Appl.
`No. 60/307,265 filed July 23, 2001.
`41. BlackBerry Limited is the owner of all rights, title, and interest in and
`to the ’351 Patent, with the full and exclusive right to bring suit to enforce the ’351
`Patent, including the right to recover for past infringement.
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`Case 2:19-cv-01444-GW-KS Document 36 Filed 06/04/19 Page 13 of 112 Page ID #:383
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`42. The ’351 Patent is valid and enforceable under United States Patent
`Laws.
`43. U.S. Patent No. 9,349,120 (“’120 Patent”) is entitled “System and
`method for silencing notifications for a message thread,” and was issued on May 24,
`2016. A true and correct copy of the ’120 Patent is attached as Exhibit C.
`44. The ’120 Patent was filed on Feb. 26, 2010 as U.S. Patent Application
`No. 12/713,577 and claims priority to U.S. Provisional Appl. No. 61/167,542 filed
`Apr. 8, 2009.
`45. BlackBerry Limited is the owner of all rights, title, and interest in and
`to the ’120 Patent, with the full and exclusive right to bring suit to enforce the ’120
`Patent, including the right to recover for past infringement.
`46. The ’120 Patent is valid and enforceable under United States Patent
`Laws.
`47. U.S. Patent No. 9,021,059 (“’059 Patent”) is entitled “Data hub server,”
`and was issued on April 28, 2015. A true and correct copy of the ’059 Patent is
`attached as Exhibit D.
`48. The ’059 Patent was filed on Nov. 21, 2011 as U.S. Patent Application
`No. 13/301,006 and is a continuation of U.S. Patent Application No. 112/394,994
`filed Feb. 27, 2009, which issued as U.S. Patent No. 8,065,361.
`49. BlackBerry Limited is the owner of all rights, title, and interest in and
`to the ’059 Patent, with the full and exclusive right to bring suit to enforce the ’059
`Patent, including the right to recover for past infringement.
`50. The ’059 Patent is valid and enforceable under United States Patent
`Laws.
`51. U.S. Patent No. 8,286,089 (“’089 Patent”) is entitled “Representing
`new messages on a communication device,” and was issued on October 9, 2012. A
`true and correct copy of the ’089 Patent is attached as Exhibit E.
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`Case 2:19-cv-01444-GW-KS Document 36 Filed 06/04/19 Page 14 of 112 Page ID #:384
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`52. The ’089 Patent was filed on Dec. 30, 2005 as U.S. Patent Application
`No. 11/320,980.
`53. BlackBerry Limited is the owner of all rights, title, and interest in and
`to the ’089 Patent, with the full and exclusive right to bring suit to enforce the ’089
`Patent, including the right to recover for past infringement.
`54. The ’089 Patent is valid and enforceable under United States Patent
`Laws.
`55. U.S. Patent No. 8,572,182 (“’182 Patent”) is entitled “Handling
`notifications in instant messaging systems,” and was issued on Oct. 29, 2013. A
`true and correct copy of the ’182 Patent is attached as Exhibit F.
`56. The ’182 Patent was filed on July 21, 2006 as U.S. Patent Application
`No. 11/459,047.
`57. BlackBerry Limited is the owner of all rights, title, and interest in and
`to the ’182 Patent, with the full and exclusive right to bring suit to enforce the ’182
`Patent, including the right to recover for past infringement.
`58. The ’182 Patent is valid and enforceable under United States Patent
`Laws.
`59. U.S. Patent No. 8,825,777 (“’777 Patent”) is entitled “Selective
`delivery of social network messages within a social network,” and was issued on
`September 2, 2014. A true and correct copy of the ’777 Patent is attached as Exhibit
`G.
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`60. The ’777 Patent was filed on Oct. 5, 2011 as U.S. Patent Application
`No. 13/253,252.
`61. BlackBerry Limited is the owner of all rights, title, and interest in and
`to the ’777 Patent, with the full and exclusive right to bring suit to enforce the ’777
`Patent, including the right to recover for past infringement.
`62. The ’777 Patent is valid and enforceable under United States Patent
`Laws.
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`Case 2:19-cv-01444-GW-KS Document 36 Filed 06/04/19 Page 15 of 112 Page ID #:385
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`Defendant’s Use of BlackBerry’s Patented Technologies
`63. On information and belief, Defendant released its first mobile Twitter
`application in April 2010, nearly half a decade after BlackBerry’s release of
`BlackBerry Messenger (“BBM”).5
` Additionally, Defendant first introduced
`“Promoted Tweet” advertisements via Twitter Ads sometime in 2010, nearly a
`decade after the priority date of BlackBerry’s ’929 and ’351 patents.6 Additionally,
`Defendant first introduced quality filters for selectively adjusting notification of
`Tweets sometime in 2016, nearly half a decade after the priority date of
`BlackBerry’s ’777 patent.7
`64. By the time Defendant had released even the first (and simplest)
`version of its Twitter application, BlackBerry had already invented most of the
`technologically innovative messaging application functionalities at issue in this
`action. Industry commentators at the time noted the success of BBM, including
`with consumer audiences such as “[t]eens, for instance, [who] love BlackBerry
`Messenger, RIM’s
`proprietary
`instant messaging
`feature.”
`
`See
`http://archive.fortune.com/2009/08/12/technology/blackberry_research_in_motion.f
`ortune/index.htm. The consumer demand and appreciation for BlackBerry’s
`innovative messaging application functionalities was further evidenced in 2013,
`when BlackBerry released the first versions of BBM for Apple’s iOS and Google’s
`Android mobile device platforms and recorded over 5 million downloads of BBM
`within
`the
`first
`8
`hours
`of
`being made
`available.
`
`See
`https://9to5mac.com/2013/10/21/blackberry-announces-5-million-downloads-of-
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`5 See, e.g., https://blog.twitter.com/official/en_us/a/2010/twitter-for-iphone-1.html;
`https://techcrunch.com/2010/04/09/twitter-acquires-tweetie/.
`6 See, e.g., https://www.nytimes.com/2010/04/13/technology/internet/
`13twitter.html.
`7 See, e.g., https://techcrunch.com/2016/08/18/twitter-is-introducing-a-quality-
`filter-to-clean-up-your-notifications-tab/.
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`Case 2:19-cv-01444-GW-KS Document 36 Filed 06/04/19 Page 16 of 112 Page ID #:386
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`
`
`bbm-for-ios-and-android-only-8-hours-after-release/. In just two years, BBM had
`been
`installed
`in over 100 million Android devices
`alone.
` See
`http://blogs.blackberry.com/2015/03/bbm-hits-100m-google-play-installs/.
`65. Seizing on the success of BBM and demand for consumer messaging
`platforms featuring BlackBerry’s innovative features and functio