Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 1 of 17 Page ID #:1
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`Michael Ng (State Bar No. 237915)
`Michael.Ng@kobrekim.com
`Daniel Zaheer (State Bar No. 237118)
`Daniel.Zaheer@kobrekim.com
`KOBRE & KIM LLP
`150 California Street, 19th Floor
`San Francisco, California 94111
`Telephone: 415-582-4800
`Facsimile: 415-582-4811
`
`Gabriela M. Ruiz (State Bar No. 227110)
`Gabriela.Ruiz@kobrekim.com
`KOBRE & KIM LLP
`201 S Biscayne Blvd #1900
`Miami, Florida 33131
`Telephone: 305-967-6100
`Facsimile: 305-967-6120
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`Attorneys for Plaintiff
`RJ TECHNOLOGY LLC
`
`[Additional counsel listed on signature page]
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`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
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` Case No. 8:22-CV-1874
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`RJ TECHNOLOGY LLC
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`Plaintiff,
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`vs.
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`APPLE INC.,
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 2 of 17 Page ID #:2
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`Plaintiff RJ Technology LLC brings this action for patent infringement
`against Defendant Apple Inc. (“Defendant” or “Apple”). Plaintiff alleges the
`following:
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`BACKGROUND
`This lawsuit is an action for patent infringement. RJ Technology LLC
`1.
`alleges that Apple infringes U.S. Patent No. 7,749,641 (“the ’641 patent” or the
`“Asserted Patent”), a copy of which is attached hereto as Exhibit A.
`Lithium-ion batteries (commonly referred to as “Li-ion batteries”)
`2.
`have powered the modern, mobile economy. These batteries are ubiquitous,
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`supplying power to all manner of consumer electronic devices, such as mobile
`phones, laptops, tablets, and other portable electronic devices.
`As such, improvement of battery performance has been a key driver
`3.
`for successfully competing in the electronics market. That has taken on ever more
`significance with the universal adoption of mobile devices in the everyday lives of
`users everywhere.
`Xiaoping Ren and Jie Sun are the named inventors of the ’641 patent
`4.
`and were early innovators in Li-ion battery technology. Their efforts culminated in
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`the invention embodied by the Asserted Patent. In 2001, they first applied for and
`were subsequently awarded a patent in their native China. They then applied for
`and were awarded the counterpart ’641 patent in the United States. The ’641 patent
`has now been assigned to RJ Technology LLC, which brings these claims.
`Apple directly infringes the claims of the Asserted Patent, including at
`5.
`least claims 5 and 12, by making, using, offering for sale, selling in the United
`States, and importing into the United States, portable electronic computing and
`communication devices—including smartphones, tablets, smart watches, and
`headphones—that use Li-ion batteries (together, “Accused Products”). Further,
`Apple has indirectly infringed the claims of the Asserted Patent by inducing the
`direct infringement of those claims by others, including among other things by (i)
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 3 of 17 Page ID #:3
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`manufacturing and selling the Accused Products, (ii) encouraging others to use the
`Accused Products, for example, through advertising, promoting, and instructing
`others to use the Accused Products in a manner that has resulted in the direct
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`infringement of the claims in the Asserted Patent by others, and (iii) doing the above
`while knowing that the acts it has encouraged constitute direct patent infringement.
`Apple’s infringement has also been willful.
`RJ Technology LLC seeks damages and other relief for Apple’s
`6.
`wrongful conduct.
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`THE PARTIES
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`RJ Technology LLC is a corporation organized and existing under the
`7.
`laws of Delaware, with its principal place of business in Wilmington, Delaware.
`Plaintiff’s founders and principals—Messrs. Xiaoping Ren and Jie Sun—are the
`named inventors on the ’641 patent. They have transferred all of their rights, title,
`and interest in the ’641 patent to Plaintiff RJ Technology LLC.
`Apple is a California corporation with a principal place of business
`8.
`located at One Apple Park Way, Cupertino, California 95014. Li-ion batteries are
`essential to Apple’s ability to make and bring to market smartphones, tablets,
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`watches, and headphones that can satisfy consumer standards and are a crucial part
`of its commercial success.
`THE ASSERTED PATENT
`The ’641 patent, titled “Secondary Lithium Ion Cell or Battery, and
`9.
`Protecting Circuit, Electronic Device, and Charging Device of the Same,” which
`was duly and lawfully issued on July 6, 2010, is based on a U.S. patent application
`filed on May 6, 2004.
`10. The ’641 patent discloses and claims an improved secondary (or
`rechargeable) Li-ion cell or battery, along with related methods, including use of a
`charge cutoff voltage above the then-conventionally accepted 4.2 volts and a
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 4 of 17 Page ID #:4
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`modification to the ratio between the material used in the positive and negative
`electrodes of the batteries.
`11. Claim 5 of the ’641 patent is exemplary:
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`Claim 5: A secondary lithium ion cell or battery, characterized in that
`the secondary lithium ion cell or battery has a charge cut-off voltage
`of greater than 4.2 V but less than 5.8 V, and a ratio of positive
`electrode material to negative electrode material of the secondary
`lithium ion cell or battery is from 1:1.0 to 1:2.5, as calculated by a
`theoretic capacity with a charge cut-off voltage set at 4.2 V.
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`The ’641 patent has now been assigned to Mr. Ren and Mr. Sun’s company, RJ
`Technology LLC.
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`JURISDICTION AND VENUE
`12. This action arises under the patent laws of the United States, 35 U.S.C.
`§ 1 et seq., including but not limited to §§ 271, 281, 282(a), 283, 284, and 285. The
`Court has subject matter jurisdiction over this patent infringement action pursuant
`to 28 U.S.C. §§ 1331 and 1338(a).
`13. The Court has personal jurisdiction over Apple. Apple has regularly
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`conducted and continues to conduct business in the State of California, has directly
`or through its distribution network purposefully placed infringing products into the
`stream of commerce in California, and has committed acts of infringement in this
`federal judicial district including by making, using, offering for sale, selling, or
`importing the Accused Products which infringe the Asserted Patent, and by
`inducing others to infringe the Asserted Patent by using the Accused Products.
`14. Venue is proper in this judicial district because Apple has regular and
`established places of business in the Central District of California and has
`committed acts of infringement in this judicial district. Apple has numerous
`distributors and retailers in this judicial district, including 23 Apple Stores as well
`as offices in Los Angeles, Irvine, and Culver City. All told, Apple maintains over
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 5 of 17 Page ID #:5
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`100,000 square feet of office space in this judicial district. Apple has also
`announced plans to open two new offices totaling an additional 550,000 square feet
`of space and to make its regional headquarters in this judicial district. Apple
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`currently employs over 1,000 people in the Central District of California, many of
`whom design, sell, manufacture, or support the Accused Products. Apple has also
`announced plans to hire an additional 2,000 employees here in the next few years.
`15. Apple has committed acts of patent infringement in the Central District
`of California, including by advertising, offering to sell, selling, importing, and/or
`distributing infringing products, and/or inducing the sale and use of infringing
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`products in the United States, including in the Central District of California,
`knowing and expecting them to be purchased and used by consumers in the United
`States, including in this judicial district, and such infringing products have been
`purchased and used in the United States and in this judicial district. For example,
`Apple has regularly imported the Accused Products as well as relevant components,
`including Li-ion batteries, through the Port of Los Angeles. Those products and
`components are also stored in warehouses in the greater Los Angeles area. Apple
`therefore has committed acts of patent infringement and has a regular and
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`established place of business in this federal judicial district. Accordingly, venue is
`proper in this federal judicial district, pursuant to 28 U.S.C. § 1400(b).
`THE ACCUSED PRODUCTS
`16. Apple makes, uses, sells, and/or offers to sell in the United States,
`and/or imports into the United States Accused Products, all without seeking a
`license to the ’641 patent.
`(1) The Accused Smartphone Products
`17. Apple makes, uses, sells, and/or offers to sell in the United States,
`and/or imports into the United States various smartphones that infringe the ’641
`patent, including but not limited to the iPhone 6, iPhone 6S, iPhone 6S Plus, iPhone
`SE, iPhone 7, iPhone 7+, iPhone 8, iPhone 8+, iPhone X, iPhone XS, iPhone XS
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 6 of 17 Page ID #:6
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`Max, iPhone XR, iPhone 11, iPhone 11 Pro, iPhone 11 Pro Max, iPhone 12, iPhone
`12 Pro, iPhone 12 Pro Max, iPhone 12 Mini, iPhone 13, iPhone 13 Mini, iPhone 13
`Pro, iPhone 13 Pro Max, iPhone 14, iPhone 14 Pro, iPhone 14 Pro Max, and iPhone
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`14 Plus (the “Accused Smartphone Products”).
`18. The iPhone 11 Pro exemplifies the relevant functionality of each
`Accused Smartphone Product.
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`Refurbished iPhone 11 Pro 512GB – Space Gray (Unlocked), APPLE,
`https://www.apple.com/shop/product/FWCR2LL/A/refurbished-iphone-11-pro-
`512gb-space-gray-
`unlocked?fnode=1eed809e9fd38e9d7cbcc13b442e9fb586f5fe03225abd29802e9a3
`7b77578aab466b8befddbcfa044aa5655ba00ede99b11f6723cd73ae0d6875e5941e7
`7678728eecc4e565c6f3f306e15bfc259d5ae1527ca6cffa725872da72a8ab373f3d
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`(last visited Oct. 11, 2022).
`19. The iPhone 11 Pro contains a secondary Li-ion battery.
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`Batteries, APPLE, https://www.apple.com/batteries/ (last visited Oct. 11, 2022).
`20. Further, the Apple iPhone 11 Pro utilizes a Li-ion battery that has a
`charging voltage of at least 4.4V.
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 7 of 17 Page ID #:7
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`Replacement Battery 3046 mAh 3.79 V Compatible with Apple iPhone 11 Pro
`(A2160), ESOURCE PARTS, https://www.esourceparts.ca/replacement-battery-3046-
`mah-3-79-v-compatible-with-apple-iphone-11-pro-
`a2160.html?utm_source=googleshopping&utm_medium=cse&ep_cur=CAD&key
`word=&gclid=Cj0KCQjwntCVBhDdARIsAMEwACnF6mH5nuYFHW3MnnJRz
`TeiTirg8DTPdMFa1_09PrB-H-x8RGk_pqIaAsOAEALw_wcB (last visited Oct.
`11, 2022).
`21. The ratio of positive electrode material to negative electrode material
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`of the secondary Li-ion battery (i.e., the “P/N ratio”) is between 1:1.0 and 1:2.5, as
`calculated by a theoretic capacity with a charge cut-off voltage set at 4.2V.
`22. The iPhone 11 Pro Li-ion battery maintains at least 80% of its capacity
`after 500 complete charge cycles.
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`Batteries, APPLE, https://www.apple.com/batteries/service-and-
`recycling/#:~:text=iPhone%20Owners,Prices%20and%20terms%20may%20vary
`(last visited Oct. 11, 2022).
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 8 of 17 Page ID #:8
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`(2) The Accused Tablet Products
`23. Apple makes, uses, sells, and/or offers to sell in the United States,
`and/or imports into the United States various tablets that infringe the ’641 patent,
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`including but not limited to the iPad 5, iPad 6, iPad 7, iPad 8, iPad 9, iPad Air (3rd
`Generation), iPad Air (4th Generation), iPad Air (5th Generation), iPad Mini 4, iPad
`Mini 5, iPad Mini 6, 2016 iPad Pro (9.7”), 2017 iPad Pro (10.5”), iPad Pro 1 (11”),
`iPad Pro 1 (12.9”), iPad Pro 2 (11”), iPad Pro 2 (12.9”), iPad Pro 3 (11”), iPad Pro
`3 (12.9”), iPad Pro 4, and iPad Pro 5 (the “Accused Tablet Products”).
`24. The iPad Air (4th Generation) exemplifies the relevant functionality of
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`each Accused Tablet Product.
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`iPad Air (4th generation) – Technical Specifications, APPLE,
`https://support.apple.com/kb/SP828?locale=en_US (last visited Oct. 11, 2022).
`25. The iPad Air (4th Generation) contains a Li-ion battery.
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`Batteries, APPLE, https://www.apple.com/batteries/ (last visited Oct. 11, 2022).
`26. Further, the iPad Air (4th Generation) utilizes a Li-ion battery that has
`a charging voltage of at least 4.35V.
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 9 of 17 Page ID #:9
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`iPad Air 4 Teardown, iFixit (Mar. 3, 2021),
`https://www.ifixit.com/Teardown/iPad+Air+4+Teardown/141032 (image at 3:38,
`which has been sharpened).
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`27. The ratio of positive electrode material to negative electrode material
`of the secondary Li-ion battery (i.e., the “P/N ratio”) is between 1:1.0 and 1:2.5, as
`calculated by a theoretic capacity with a charge cut-off voltage set at 4.2V.
`28. The iPad Air (4th Generation) Li-ion battery maintains at least 80% of
`its capacity after 1000 complete charge cycles.
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`Batteries, APPLE, https://www.apple.com/batteries/service-and-
`recycling/#:~:text=iPhone%20Owners,Prices%20and%20terms%20may%20vary
`(last visited Oct. 11, 2022).
`(3) The Accused Smart Watch Products
`29. Apple makes, uses, sells, and/or offers to sell in the United States,
`and/or imports into the United States various smart watches that infringe the ’641
`patent, including but not limited to the Apple Watch Series 1, Apple Watch Series
`2, Apple Watch Series 3, Apple Watch Series 4, Apple Watch Series 5, Apple Watch
`SE, Apple Watch Series 6, Apple Watch Series 7, Apple Watch Ultra, Apple Watch
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 10 of 17 Page ID #:10
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`SE (2nd Generation), Apple Watch Series 8, and Apple Watch Hermes (the
`“Accused Smart Watch Products”).
`30. The Apple Watch Series 7 exemplifies the relevant functionality of
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`each Accused Smart Watch Product.
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`Apple Watch Series 7, APPLE,
`https://web.archive.org/web/20220710092539/https://www.apple.com/apple-
`watch-series-7/ (last visited Oct. 11, 2022).
`31. The Apple Watch Series 7 contains a Li-ion battery.
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`Batteries, APPLE, https://www.apple.com/batteries/ (last visited Oct. 11, 2022).
`32. Further, the Apple Watch Series 7 utilizes a Li-ion battery that
`indicates a charging voltage of at least 4.45V.
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`Juli Clover, Apple Watch Series 7 Teardown Reveals Battery Capacity, Display
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`Updates and More, MacRumors (Oct. 21, 2021 1:42 PM PDT),
`https://www.macrumors.com/2021/10/21/apple-watch-series-7-teardown-
`ifixit/#:~:text=The%2041mm%20%E2%80%8CApple%20Watch%20Series%207
`%E2%80%8C%20features%20a,new%2C%20brighter%20displays%20rather%20
`than%20adding%20battery%20life.
`33. The ratio of positive electrode material to negative electrode material
`of the secondary Li-ion battery (i.e., the “P/N ratio”) is between 1:1.0 and 1:2.5, as
`calculated by a theoretic capacity with a charge cut-off voltage set at 4.2V.
`34. The Apple Watch Series 7 maintains at least 80% of its battery’s
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`capacity after 1000 complete charge cycles.
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`Batteries, APPLE, https://www.apple.com/batteries/service-and-
`recycling/#:~:text=iPhone%20Owners,Prices%20and%20terms%20may%20vary
`(last visited Oct. 11, 2022).
`(4) The Accused Headphone Products
`35. Apple makes, uses, sells, and/or offers to sell in the United States,
`and/or imports into the United States various headphones that infringe the ’641
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`patent, including but not limited to the Airpods, Airpods 2, Airpods 3, Airpods Pro,
`Airpods Pro 2, and Airpods Max (the “Accused Headphone Products”).
`36. The Apple Airpods Pro exemplifies the relevant functionality of each
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`Accused Headphone Product.
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`AirPods Pro, APPLE,
`https://web.archive.org/web/20220703124624/https://www.apple.com/airpods-
`pro/ (last visited Oct. 11, 2022).
`37. The Apple Airpods Pro contain a Li-ion battery.
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`Batteries, APPLE, https://www.apple.com/batteries/ (last visited Oct. 11, 2022).
`38. Further, the Apple Airpods Pro utilize a Li-ion battery that has a
`charging voltage of at least 4.35V.
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`11
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 13 of 17 Page ID #:13
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`AirPods Pro Teardown, iFixit (Oct. 31, 2019),
`https://www.ifixit.com/Teardown/AirPods+Pro+Teardown/127551.
`39. The ratio of positive electrode material to negative electrode material
`of the secondary Li-ion battery (i.e., the “P/N ratio”) is between 1:1.0 and 1:2.5, as
`calculated by a theoretic capacity with a charge cut-off voltage set at 4.2V.
`COUNT ONE: INFRINGEMENT OF U.S. PATENT 7,749,641
`40. Plaintiff re-alleges and incorporates by reference the allegations
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`contained in the preceding paragraphs as if fully set forth herein.
`41. The ’641 patent is valid and enforceable. Apple does not have a license
`to practice any of the limitations claimed in the ’641 patent.
`42. By making, using, offering for sale, and/or selling products in the
`United States, and/or importing them into the United States, including but not
`limited to the Accused Products, Apple has injured Plaintiff and is liable to Plaintiff
`for directly infringing one or more claims of the Asserted Patent pursuant to 35
`U.S.C. § 271(a).
`43. Apple knowingly encourages and intends to induce infringement of the
`Asserted Patent by (i) making, using, offering for sale, and/or selling products in
`the United States, and/or importing them into the United States, including but not
`12
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 14 of 17 Page ID #:14
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`limited to the Accused Products and (ii) encouraging and instructing its customers
`on how to use the inventions claimed in the Asserted Patent, the claims of which
`are directly infringed by Apple’s customers. Apple therefore also infringes the
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`Asserted Patent under 35 U.S.C. § 271(b).
`44. For example, through various marketing and advertising materials,
`Apple encourages and instructs its customers on how to use the inventions claimed
`in the Asserted Patent, which Apple advertises as a core feature of the Accused
`Products, as shown by way of a non-limiting example below:
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`iPhone User Guide, APPLE, https://support.apple.com/guide/iphone/charge-the-
`battery-iph63eecc618/ios (last visited Oct. 11, 2022).
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`Batteries, APPLE, https://www.apple.com/batteries/ (last visited Oct. 11, 2022).
`45. Apple was aware of the Asserted Patent no later than March 21, 2018.
`On that date, Plaintiff’s founders and named inventors on the ’641 patent initiated
`a patent infringement lawsuit against Apple at the Beijing Intellectual Property
`Court to recover damages and to obtain an injunction against Apple for its
`infringement of Patent No. ZL 01141615.7 (the “Chinese Patent”), which is the
`Chinese counterpart to the ’641 patent.
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`13
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`COMPLAINT FOR PATENT INFRINGEMENT
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`

`

`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 15 of 17 Page ID #:15
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`46. Apple’s infringement of the Asserted Patent has been and continues to
`be deliberate and willful, and such action constitutes egregious misconduct.
`Consequently, Apple’s infringement is exceptional and warrants an award of
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`enhanced damages and attorneys’ fees pursuant to 35 U.S.C. §§ 284-285.
`47. Plaintiff has been harmed by Apple’s wrongful conduct and is entitled
`to compensatory damages, in no event less than a reasonable royalty with interest
`and costs.
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`DEMAND FOR JURY TRIAL
`RJ Technology LLC hereby demands a jury trial on all issues triable to a
`
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`jury.
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`PRAYER FOR RELIEF
`WHEREFORE, RJ Technology LLC respectfully requests that the Court
`enter judgment and relief against Defendants, as follows:
`Declaring that Apple has infringed and continues to infringe one or
`a)
`more claims of the ’641 patent;
`Awarding damages sufficient to compensate Plaintiff for Apple’s
`b)
`infringement, including pre-and post-judgment interest and for an accounting of the
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`same;
`Finding that Apple’s infringement is willful and enhancing damages
`c)
`pursuant to 35 U.S.C. § 284;
`Awarding attorneys’ fees pursuant to 35 U.S.C. § 285 or otherwise
`d)
`permitted by law;
`Awarding all costs of suit;
`e)
`f)
`Awarding an ongoing royalty in an amount to be determined for
`continued infringement after the date of judgment; and
`Ordering such other and further relief as the Court may deem just and
`g)
`proper.
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`14
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`COMPLAINT FOR PATENT INFRINGEMENT
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`

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`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 16 of 17 Page ID #:16
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`Dated: October 13, 2022
`
`KOBRE & KIM LLP
`
`
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`
`
`By: /s/ Michael Ng .
`Michael Ng (State Bar No. 237915)
`Michael.Ng@kobrekim.com
`Daniel Zaheer (State Bar No. 237118)
`Daniel.Zaheer@kobrekim.com
`KOBRE & KIM LLP
`150 California Street, 19th Floor
`San Francisco, California 94111
`Telephone: 415-582-4800
`Facsimile: 415-582-4811
`
`
`Gabriela M. Ruiz (State Bar No.
`
`227110)
`Gabriela.Ruiz@kobrekim.com
`KOBRE & KIM LLP
`201 S Biscayne Blvd #1900
`Miami, Florida 33131
`Telephone: 305-967-6100
`Facsimile: 305-967-6120
`
`George Stamatopoulos (Pro Hac Vice
`Forthcoming)
`George.Stamatopoulos@kobrekim.com
`
`Julian Pymento (Pro Hac Vice
`Forthcoming)
`Julian.Pymento@kobrekim.com
`KOBRE & KIM LLP
`800 Third Avenue
`New York, New York 10022
`Telephone: 212-488-1200
`Facsimile: 212-488-1220
`
`Zach Ruby (Pro Hac Vice
`Forthcoming)
`Zach.Ruby@kobrekim.com
`KOBRE & KIM LLP
`1919 M Street, NW
`Washington, DC 20036
`Telephone: 202-664-1900
`
`
`
`15
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`COMPLAINT FOR PATENT INFRINGEMENT
`
`
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`

`

`Case 8:22-cv-01874-JVS-JDE Document 1 Filed 10/13/22 Page 17 of 17 Page ID #:17
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`Facsimile: 202-664-1920
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`Hangcheng (Robert) Zhou (State Bar
`No. 320038)
`Robert.Zhou@kobrekim.com
`Xue Li (State Bar No. 333826)
`Xue.Li@kobrekim.com
`KOBRE & KIM LLP
`43rd Floor, 4302-4304 HKRI Centre
`One, HKRI Taikoo Hui
`288 Shimen Yi Road
`Shanghai, PRC, 200041
`Telephone: +86 21-3210-2100
`
`
`
`
`Franklin D. Kang (State Bar No.
`192314)
`fkang@onellp.com
`One, LLP
`23 Corporate Plaza Dr., Suite 150-105
`Newport Beach, CA 92660
`Telephone: 310-951-1123
`Facsimile: 310-943-2085
`
`Attorneys for Plaintiff
`
`RJ Technology LLC
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`16
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`COMPLAINT FOR PATENT INFRINGEMENT
`
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`