Case 3:15-cv-05007-RS Document 87 Filed 07/24/15 Page 1 of 30
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`CORE WIRELESS LICENSING
`S.A.R.L.
`
`
`Plaintiff,
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`v.
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`APPLE INC.,
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`
`
`
`CIVIL ACTION NO. 6:14-cv-751
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`JURY TRIAL DEMANDED
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CORE WIRELESS LICENSING S.A.R.L.’S
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Defendant.
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`

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`Case 3:15-cv-05007-RS Document 87 Filed 07/24/15 Page 2 of 30
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`Plaintiff, Core Wireless Licensing S.à.r.l. (“Core Wireless”), for its First Amended
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`Complaint against Defendant, Apple Inc. (“Apple”), alleges:
`THE PARTIES
`
`1.
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`Core Wireless is a corporation duly organized and existing under the laws of the
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`Grand Duchy of Luxembourg, having a principal place of business at 12, rue Jean Engling, L-
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`1466 Luxembourg. Core Wireless has a regular and established place of business and does
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`business relating to the patents-in-suit in connection with its wholly-owned subsidiary, Core
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`Wireless Licensing Ltd. (“Core Wireless USA”), a corporation duly organized and existing under
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`the laws of the State of Texas, having a principal place of business at 5601 Granite Parkway,
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`Suite 1300, Plano, TX 75024, which is within the Eastern District of Texas. All pertinent
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`documents and discovery relevant to this matter either reside at Core Wireless USA’s local
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`address or will be produced at that address. Core Wireless is the owner of record of the patents
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`involved in this action.
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`2.
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`Defendant, Apple, is a corporation duly organized and existing under the laws of
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`the State of California, having a principal place of business at 1 Infinite Loop, Cupertino, CA
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`95014. Apple’s registered agent, registered with the Texas Secretary of State’s Office, is CT
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`Corp. System located at 1999 Bryan St., Suite 900, Dallas, TX 75201.
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`JURISDICTION
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`3.
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`This is an action arising under the patent laws of the United States. Accordingly,
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`this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`4.
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`This Court has personal jurisdiction over Apple because Apple does business in
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`the State of Texas and in this judicial district and/or has infringed or caused infringement in the
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`State of Texas and in this judicial district.
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`Case 3:15-cv-05007-RS Document 87 Filed 07/24/15 Page 3 of 30
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`5.
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`This Court has personal jurisdiction over Apple because Apple has established
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`minimum contacts with the Eastern District of Texas. Apple manufactures (directly or indirectly
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`through third party manufacturers) and/or assembles products that are and have been used,
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`offered for sale, sold, and purchased in the Eastern District of Texas. Apple, directly and/or
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`through its distribution network, places wireless mobile communication devices within the
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`stream of commerce, which stream is directed at this district, with the knowledge and/or
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`understanding that those products will be sold in the State of Texas, including in the Eastern
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`District of Texas. Jurisdiction over Apple in this matter is also proper inasmuch as Apple has
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`voluntarily submitted itself to the jurisdiction of the courts by commencing litigations within the
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`State of Texas, by registering with the Texas Secretary of State’s Office to do business in the
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`State of Texas, and by appointing a registered agent. Therefore, the exercise of jurisdiction over
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`Apple is appropriate under the applicable jurisdictional statutes and would not offend traditional
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`notions of fair play and substantial justice.
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`VENUE
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`6.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400(b)
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`because Apple has committed, and continues to commit, acts of infringement, including
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`providing wireless mobile communication devices that are used, offered for sale, sold, and have
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`been purchased in the State of Texas, including in the Eastern District of Texas.
`
`FACTUAL ALLEGATIONS
`
`7.
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`United States Patent No. 8,713,476 (“’476”), entitled Computing Device With
`
`Improved User Interface For Applications, was duly and lawfully issued April 29, 2014. The
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`’476 patent is a continuation of the application that matured into United States Patent No.
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`8,434,020 identified below. Core Wireless is the current owner of all rights, title, and interest in
`
`2
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`Case 3:15-cv-05007-RS Document 87 Filed 07/24/15 Page 4 of 30
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`and to the ’476 patent. The ’476 patent is valid and enforceable. A true and correct copy of the
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`’476 patent is attached as Exhibit 1.
`
`8.
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`United States Patent No. 8,498,671 (“’671”), entitled Mobile Telephone Device
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`With User-Selectable Content Displayed And Updated During Idle Time, was duly and lawfully
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`issued July 30, 2013. Core Wireless is the current owner of all rights, title, and interest in and to
`
`the ’671 patent. The ’671 patent is valid and enforceable. A true and correct copy of the ’671
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`patent is attached as Exhibit 2.
`
`9.
`
`United States Patent No. 8,434,020 (“’020”), entitled Computing Device With
`
`Improved User Interface For Applications, was duly and lawfully issued April 30, 2013. Core
`
`Wireless is the current owner of all rights, title, and interest in and to the ’020 patent. The ’020
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`patent is valid and enforceable. A true and correct copy of the ’020 patent is attached as Exhibit
`
`3.
`
`10.
`
`United States Patent No. 7,693,552 (“’552”), entitled Text Messaging Device, was
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`duly and lawfully issued April 6, 2010. Core Wireless is the current owner of all rights, title, and
`
`interest in and to the ’552 patent. The ’552 patent is valid and enforceable. A true and correct
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`copy of the ’552 patent is attached as Exhibit 4.
`
`11.
`
`United States Patent No. 7,072,667 (“’667”), entitled Location Information
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`Service For A Cellular Telecommunications Network, was duly and lawfully issued July 4, 2006.
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`Core Wireless is the current owner of all rights, title, and interest in and to the ’667 patent. The
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`’667 patent is valid and enforceable. A true and correct copy of the ’667 patent is attached as
`
`Exhibit 5.
`
`12.
`
`United States Patent No. 5,907,823 (“’823”), entitled Method And Circuit
`
`Arrangement For Adjusting The Level Or Dynamic Range Of An Audio Signal, was duly and
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`3
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`Case 3:15-cv-05007-RS Document 87 Filed 07/24/15 Page 5 of 30
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`lawfully issued May 25, 1999. Core Wireless is the current owner of all rights, title, and interest
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`in and to the ’823 patent. A true and correct copy of the ’823 patent is attached as Exhibit 6.
`
`GENERAL ALLEGATIONS
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`13.
`
`Apple has directly and indirectly infringed and continues to directly and indirectly
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`infringe each of the ’476, ’671, ’020, ’552, ’667, and ’823 patents (“patents-in-suit”) by
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`engaging in acts constituting infringement under 35 U.S.C. § 271(a) and/or (b) including without
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`limitation by one or more of making, using, selling and offering to sell, in this District and
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`elsewhere in the United States, and importing into this District and elsewhere in the United
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`States, Apple’s iPhone, iPad, and iPod products (“Apple’s Accused Products”).
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`14.
`
`Apple is doing business in the United States, and, more particularly, in the Eastern
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`District of Texas by making, using, selling, importing, and/or offering for sale Apple’s Accused
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`Products, including without limitation Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4,
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`iPhone 4S, iPhone 5, iPhone 5C, iPhone 5S, iPhone 6, iPhone 6 Plus, iPad, iPad 2, third and
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`fourth generation iPads, iPad Mini, iPad Mini 2, iPad Mini 3, iPad Air, iPad Air 2, iPod Touch
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`(first, second, third, fourth, and fifth generations) that infringe one or more of the patent claims
`
`involved in this action.
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`15.
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`Apple is responsible for the manufacture (directly or indirectly through third party
`
`manufacturers) of Apple’s Accused Products and markets, sells, and distributes Apple’s Accused
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`Products in the United States and this District through its website,1 retail store locations,2 and
`
`
`1 See generally, http://www.apple.com/shop (last accessed July 23, 2015).
`2 See, e.g., Apple retail store location at Willow Bend, 6121 West Park Boulevard, Plano, TX 75093
`(http://www.apple.com/retail/willowbend/), which is located in Collin County, which is within the Eastern District
`of Texas.
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`4
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`third-party distributors, including without limitation cellular service providers like AT&T3 and
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`Verizon.4
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`FIRST COUNT
`(Infringement of the ’476 patent)
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`16.
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`Core Wireless incorporates by reference the allegations set forth in Paragraphs 1-
`
`15 of this Amended Complaint as though fully set forth herein.
`
`17.
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`The ’476 patent discloses novel user interface technologies whereby data
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`associated with an application is accessible to a smartphone or tablet user from an application
`
`summary displayed while an application remains in an unlaunched state. For example, a user
`
`seeking to read a new message can access an application summary from a menu to view the
`
`message without launching the application. Before the ’476 patent’s inventions, a user seeking
`
`to access data associated with a particular application had to navigate through a hierarchical
`
`menu for the application while it was launched or memorize and input complex “shortcut”
`
`sequences. The ’476 patent enables a user to more quickly and efficiently access data of interest
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`to the user.
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`18.
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`The limitations of the asserted apparatus claims of the ’476 patent may be
`
`satisfied by hardware, software, and/or firmware, or any combination thereof, including without
`
`limitation a display or screen, processor(s), memory, and/or graphics processor(s) in Apple’s
`
`Accused Products. The limitations of the asserted method claims of the ’476 patent may be
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`satisfied by hardware, software, and/or firmware, or any combination thereof that perform the
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`recited steps, including without limitation a display or screen, processor(s), memory, and/or
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`graphics processor(s) and software. For example, at least Apple’s iOS operating system software
`
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`3 See, e.g., http://www.att.com/cellphones/iphone/iphone-6.html#sku=sku7380579.
`4 See, e.g., http://www.verizonwireless.com/smartphones/iphone-6/.
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`5
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`Case 3:15-cv-05007-RS Document 87 Filed 07/24/15 Page 7 of 30
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`enables functionalities claimed in the ’476 patent and works in conjunction with the hardware
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`contained in Apple’s Accused Products to infringe the asserted claims of the ’476 patent.5
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`19.
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`Apple has had knowledge of the ’476 patent since at least as early as September
`
`10, 2014 when Core Wireless provided direct notice to Apple of its infringement of the ’476
`
`patent via the filing and service of Core Wireless’s Original Complaint. Additionally, since at
`
`least March 6, 2015, Apple has had knowledge of Core Wireless’s infringement contentions
`
`concerning the ’476 patent, including without limitation the specific functionalities claimed by
`
`the ’476 patent, the specific Apple Accused Products infringing the ’476 patent, and a detailed
`
`claim-by-claim, element-by-element analysis of infringement by Apple’s Accused Products.
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`20.
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`In violation of 35 U.S.C. § 271(a), Apple is and has been infringing one or more
`
`claims of the ’476 patent directly by making, using, offering to sell, and/or selling in the United
`
`States, and/or importing into the United States, without authority, products, including without
`
`limitation Apple’s Accused Products, that are covered by or practice the inventions claimed in
`
`the ’476 patent. Apple is infringing claims of the ’476 patent literally and/or pursuant to the
`
`doctrine of equivalents.
`
`21.
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`In violation of 35 U.S.C. § 271(b), Apple is and has been infringing one or more
`
`of the ’476 patent’s claims indirectly by actively encouraging acts of direct infringement
`
`knowing that it is inducing the infringement of the ’476 patent’s claims by third parties,
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`including without limitation manufacturers, resellers, and/or end-users of Apple’s Accused
`
`Products, in this District, and elsewhere in the United States. Direct infringement is the result of
`
`activities performed by third parties in relation to Apple’s Accused Products, including without
`
`
`5 Appendix A and Exhibits A-X to Core Wireless’s infringement contentions served March 6, 2015 identifies for
`Apple’s Accused Products the particular hardware components contained in each product. The information
`disclosed in Appendix A and certain Exhibits is then cross-referenced in particular infringement charts for a
`particular patent where applicable.
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`6
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`limitation by end users enabled and encouraged by Apple to use Apple’s Accused Products in
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`their normal, customary way to infringe the ’476 patent.
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`22.
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`Apple actively induces third parties, including without limitation end-users of
`
`Apple’s Accused Products, to infringe the ’476 patent by, among other things, (i) enabling a user
`
`of Apple’s Accused Products to access data from unlaunched applications via application
`
`summaries as disclosed and claimed in the ’476 patent;6 (ii) providing instructions to end-users
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`of Apple’s Accused Products for using the functionalities claimed in the ’476 patent,7 (iii)
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`advertising the functionalities claimed in the ’476 patent;8 and (iv) providing to third parties the
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`hardware (e.g., display or screen, processor(s), memory, and/or graphics processor(s) contained
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`in Apple’s Accused Products) and software components (e.g., Apple’s iOS operating system
`
`running on Apple’s Accused Products) that may be required for or associated with infringement
`
`of the ’476 patent’s claims via the manufacture, marketing, sale, and/or distribution of Apple’s
`
`Accused Products through Apple’s website, retail store locations, and third-party distributors.
`
`23.
`
`Apple’s foregoing activities have been without authority and/or license from Core
`
`Wireless.
`
`
`6 On March 6, 2015, Core Wireless served Apple with its infringement contentions pursuant to P.R. 3-1, which
`detail Apple’s infringement of the asserted claims of the ’476 patent.
`7 See, e.g., Exhibit 7, attached hereto, is a true and correct copy of https://help.apple.com/iphone/8/#/iphfccfd713b
`(“Alerts...Alerts can also appear on the Lock screen. Respond to an alert without leaving your current app. Pull
`down on the alert when it appears at the top of your screen. Note: This feature works with text and email messages,
`calendar invitations, and more.”) (emphasis in original) (last printed July 24, 2015); Exhibit 8, attached hereto, is a
`true and correct copy of https://help.apple.com/iphone/8/#/iph6534c01bc (“Notification Center Notification center
`collects your notifications in one place, so you can review them whenever you’re ready…Open Notification
`Center. Swipe down from the top edge of the screen… Set Notification options. … For example, choose to view a
`notification from the Lock screen.”) (emphasis in original) (last printed July 24, 2015); see also at least Exhibit 9,
`which is a true and correct copy of a user manual for an iPad using iOS 4.3, at 130-131, 153; Exhibit 10, which is a
`true and correct copy of a user manual for an iPad using iOS 8.4, at 34-35, 54, 105-107, 110-111; Exhibit 11, which
`is a true and correct copy of a user manual for an iPhone using iOS 5.1, at 31; Exhibit 12, which is a true and
`correct copy of a user manual for an iPhone using iOS 8.4, at 35-36, 59.
`8 See, e.g., Exhibit 13, attached hereto, is a true and correct copy of https://support.apple.com/enus/HT201925
`(“Use Notifications You can access your Alerts and Banners Notifications from any screen, including the Lock
`screen, Just swipe down from the top of the screen. You can also tap a notification in the Lock screen to open the
`related app.”) (emphasis in original) (last printed July 24, 2015).
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`7
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`24.
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`Apple has had direct and actual knowledge of the ’476 patent and Core Wireless’s
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`infringement claims at least as of the filing of Core Wireless’s Original Complaint in September
`
`2014. Apple has also had direct and actual knowledge of Core Wireless’s specific infringement
`
`contentions concerning the ’476 patent since at least March 2015. Despite Apple’s knowledge of
`
`the ’476 patent and Core Wireless’s infringement contentions, Apple continues to engage in the
`
`activities described above which enable and encourage third parties, including without limitation
`
`end-users of Apple’s Accused Products, to access data from unlaunched applications via
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`application summaries as disclosed and claimed in the ’476 patent. Apple thereby specifically
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`intends third parties, including without limitation end-users of Apple’s Accused Products, to
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`infringe the ’476 patent.
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`25.
`
`Core Wireless is informed and believes that Apple intends to and will continue to
`
`directly infringe and induce infringement of the ’476 patent’s claims.
`
`26.
`
`Apple’s acts of infringement have caused damages to Core Wireless and Core
`
`Wireless is entitled to recover from Apple the damages sustained by Core Wireless as a result of
`
`Apple’s wrongful acts in an amount subject to proof at trial.
`
`SECOND COUNT
`(Infringement of the ’671 patent)
`
`27.
`
`Core Wireless incorporates by reference the allegations set forth in Paragraphs 1-
`
`15 of this First Amended Complaint as though fully set forth herein.
`
`28.
`
`The ’671 patent discloses technologies for allowing a mobile device user to define
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`the kinds of information available from outside sources (i.e., information not contained on the
`
`mobile device itself) that the user wants to see displayed on an idle screen of a mobile device and
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`wherein that user-defined information is updated for the user. One of the key features of the
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`’671 patent’s invention is the ability for a user to define and control the information the user
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`8
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`wants to see on an idle screen of a mobile device and quickly view that information without
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`engaging in a multi-stage navigation process.
`
`29.
`
`The limitations of the asserted apparatus claims of the ’671 patent may be
`
`satisfied by hardware, software, and/or firmware, or any combination thereof, including without
`
`limitation a display or screen, processor(s), memory, transceiver(s), and/or graphics processor(s)
`
`in Apple’s Accused Products. The limitations of the asserted method claims of the ’671 patent
`
`may be satisfied by hardware, software, and/or firmware, or any combination thereof that
`
`perform the recited steps, including without limitation a display or screen, processor(s), memory,
`
`transceiver(s), and/or graphics processor(s) and software. For example, at least Apple’s iOS
`
`operating system software enables functionalities claimed in the ’671 patent and works in
`
`conjunction with the hardware contained in Apple’s Accused Products to infringe the asserted
`
`claims of the ’476 patent.
`
`30.
`
`Apple has had knowledge of the ’671 patent since at least as early as September
`
`10, 2014 when Core Wireless provided direct notice to Apple of its infringement of the ’671
`
`patent via the filing and service of Core Wireless’s Original Complaint. Additionally, since at
`
`least March 6, 2015, Apple has had knowledge of Core Wireless’s infringement contentions
`
`concerning the ’671 patent, including without limitation the specific functionalities claimed by
`
`the ’671 patent, the specific Apple Accused Products infringing the ’671 patent, and a detailed
`
`claim-by-claim, element-by-element analysis of Apple’s infringement.
`
`31.
`
`In violation of 35 U.S.C. § 271(a), Apple is and has been infringing one or more
`
`claims of the ’671 patent directly by making, using, offering to sell, and/or selling in the United
`
`States, and/or importing into the United States, without authority, products, including without
`
`limitation Apple’s Accused Products, that are covered by or practice the inventions claimed in
`
`9
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`

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`the ’671 patent. Apple is infringing claims of the ’671 patent literally and/or pursuant to the
`
`doctrine of equivalents.
`
`32.
`
`In violation of 35 U.S.C. § 271(b), Apple is and has been infringing one or more
`
`of the ’671 patent’s claims indirectly by actively encouraging acts of direct infringement
`
`knowing that it is inducing the infringement of the ’671 patent’s claims by third parties,
`
`including without limitation manufacturers, resellers, and/or end-users of Apple’s Accused
`
`Products, in this District, and elsewhere in the United States. Direct infringement is the result of
`
`activities performed by third parties in relation to Apple’s Accused Products, including without
`
`limitation by end users enabled and encouraged by Apple to use Apple’s Accused Products in
`
`their normal, customary way to infringe the ’671 patent.
`
`33.
`
`Apple actively induces third parties, including without limitation end-users of
`
`Apple’s Accused Products, to infringe the ’671 patent by, among other things, (i) enabling a user
`
`of Apple’s Accused Products to define and control information displayed on an idle screen as
`
`disclosed and claimed in the ’671 patent;9 (ii) providing instructions to end-users of Apple’s
`
`Accused Products for using the functionalities claimed in the ’671 patent;10 (iii) advertising the
`
`
`9 On March 6, 2015, Core Wireless served Apple with its infringement contentions pursuant to P.R. 3-1, which
`detail Apple’s infringement of the asserted claims of the ’671 patent.
`10 See, e.g., Exhibit 7 (“Alerts Alerts let you know about important events. They can appear briefly at the top of
`the screen, or remain in the center of the screen until you acknowledge them. … Alerts can also appear on the Lock
`screen.”) (emphasis in original); Exhibit 8 (“Get Government Alerts…For example, in the United States, iPhone
`can receive presidential alerts, and you can turn AMBER and Emergency Alerts … on or off…”) (emphasis in
`original; id. (“Notification Center Notification center collects your notifications in one place, so you can review
`them whenever you’re ready. …
`Set Today options. To choose what information appears, tap the Edit key at the end of your information on the
`Today tab. Tap + or – to add or remove information. …
`Set Notification options. Go to Settings > Notifications. Tap an app to set its notification options. For example,
`choose to view a notification from the Lock screen. …
`Note: To include traffic conditions for your commute in the Today tab, make sure Frequent Locations is turned on in
`Settings > Privacy > Location Services > System Services > Frequent Locations. …
`Choose whether to show Today and Notifications View on a locked screen. Go to Settings > Touch ID &
`Passcode (iPhone models with Touch ID) or Settings > Passcode (other models), then choose whether to allow
`access when locked.”) (emphasis in original); Exhibit 13 (“Turn off and change Notifications settings. If you
`have an app that could potentially send frequent notifications (like Mail with high-traffic email accounts or Twitter
`
`10
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`

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`Case 3:15-cv-05007-RS Document 87 Filed 07/24/15 Page 12 of 30
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`functionalities claimed in the ’671 patent;11 and (iv) providing to third parties the hardware (e.g.,
`
`display or screen, processor(s), memory, transceiver(s), and/or graphics processor(s) contained in
`
`Apple’s Accused Products) and software components (e.g., iOS operating system running on
`
`Apple’s Accused Products) that may be required for or associated with infringement of the ’671
`
`patent’s claims via the manufacture, marketing, sale, and/or distribution of the Accused Products
`
`through its website, retail store locations, and third-party distributors.
`
`34.
`
`Apple’s foregoing activities have been without authority and/or license from Core
`
`Wireless.
`
`35.
`
`Apple has had direct and actual knowledge of the ’671 patent and Core Wireless’s
`
`infringement claims at least as of the filing of Core Wireless’s Original Complaint in September
`
`2014. Apple has also had direct and actual knowledge of Core Wireless’s specific infringement
`
`contentions concerning the ’671 patent since at least March 2015. Despite Apple’s knowledge of
`
`the ’671 patent and Core Wireless’s infringement contentions, Apple continues to engage in the
`
`activities described above which enable and encourage third parties, including without limitation
`
`end-users of Apple’s Accused Products, to define and control information displayed on an idle
`
`screen as disclosed and claimed in the ’671 patent. Apple thereby specifically intends third
`
`parties, including without limitation end-users of Apple’s Accused Products, to infringe the ’671
`
`patent.
`
`36.
`
`Core Wireless is informed and believes that Apple intends to and will continue to
`
`directly infringe and induce infringement of the ’671 patent’s claims.
`
`
`apps), your iOS device could wake frequently to display the notification, and affect battery life. … You can also
`customize what you see in your Today view.”) (emphasis in original). See also at least Exhibit 9 at 130-131, 153;
`Exhibit 10 at 34-35, 105-107, 110-111; Exhibit 11 at 31; Exhibit 12 at 35-36.
`11 See, e.g., Exhibit 13; Exhibit 14, attached hereto, is a true and correct copy of https://support.apple.com/en-
`us/HT204003 (detailing Passbook application including configuration and display of information) (last printed July
`24, 2015); Exhibit 15, attached hereto, is a true and correct copy of https://support.apple.com/en-us/HT202743
`(detailing enabling and disabling of U.S. government alerts) (last printed July 24, 2015).
`
`11
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`Case 3:15-cv-05007-RS Document 87 Filed 07/24/15 Page 13 of 30
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`37.
`
`Apple’s acts of infringement have caused damages to Core Wireless and Core
`
`Wireless is entitled to recover from Apple the damages sustained by Core Wireless as a result of
`
`Apple’s wrongful acts in an amount subject to proof at trial.
`
`THIRD COUNT
`(Infringement of the ’020 patent)
`
`38.
`
`Core Wireless incorporates by reference the allegations set forth in Paragraphs 1-
`
`15 of this First Amended Complaint as though fully set forth herein.
`
`39.
`
`The ’020 patent, which shares a common specification with the ’476 patent,
`
`discloses novel user interface technologies whereby functions associated with an application are
`
`accessible to a smartphone or tablet user from an application summary window displayed while
`
`an application remains in an unlaunched state. For example, a user seeking to reply to a new
`
`message can access an application summary window from a main menu which is displayed when
`
`the application is unlaunched, select a “reply” function, and launch the application for replying.
`
`Before the ’020 patent’s inventions, a user seeking to access functions associated with a
`
`particular application had to navigate through a hierarchical menu for the application while it
`
`was launched or memorize and input complex “shortcut” sequences. The ’020 patent enables a
`
`user to more quickly and efficiently access functions of interest to the user.
`
`40.
`
`The limitations of the asserted apparatus claims of the ’020 patent may be
`
`satisfied by hardware, software, and/or firmware, or any combination thereof, including without
`
`limitation a display or screen, processor(s), memory, and/or graphics processor(s) in Apple’s
`
`Accused Products. The limitations of the asserted method claims of the ’020 patent may be
`
`satisfied by hardware, software, and/or firmware, or any combination thereof that perform the
`
`recited steps, including without limitation a display or screen, processor(s), memory, and/or
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`graphics processor(s) and software. For example, at least Apple’s iOS operating system software
`
`12
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`

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`Case 3:15-cv-05007-RS Document 87 Filed 07/24/15 Page 14 of 30
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`enables functionalities claimed in the ’020 patent and works in conjunction with the hardware
`
`contained in Apple’s Accused Products to infringe the asserted claims of the ’020 patent.
`
`41.
`
`Apple has had knowledge of the ’020 patent since at least as early as September
`
`10, 2014 when Core Wireless provided direct notice to Apple of its infringement of the ’020
`
`patent via the filing and service of Core Wireless’s Original Complaint. Additionally, since at
`
`least March 6, 2015, Apple has had knowledge of Core Wireless’s infringement contentions
`
`concerning the ’020 patent, including without limitation the specific functionalities claimed by
`
`the ’020 patent, the specific Apple Accused Products infringing the ’020 patent, and a detailed
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`claim-by-claim, element-by-element analysis of infringement by Apple’s Accused Products.
`
`42.
`
`In violation of 35 U.S.C. § 271(a), Apple is and has been infringing one or more
`
`claims of the ’020 patent directly by making, using, offering to sell, and/or selling in the United
`
`States, and/or importing into the United States, without authority, products, including without
`
`limitation Apple’s Accused Products, that are covered by or practice the inventions claimed in
`
`the ’020 patent. Apple is infringing claims of the ’020 patent literally and/or pursuant to the
`
`doctrine of equivalents.
`
`43.
`
`In violation of 35 U.S.C. § 271(b), Apple is and has been infringing one or more
`
`of the ’020 patent’s claims indirectly by actively encouraging acts of direct infringement
`
`knowing that it is inducing the infringement of the ’020 patent’s claims by third parties,
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`including without limitation manufacturers, resellers, and/or end-users of Apple’s Accused
`
`Products, in this District, and elsewhere in the United States. Direct infringement is the result of
`
`activities performed by third parties in relation to Apple’s Accused Products, including without
`
`limitation by end users enabled and encouraged by Apple to use Apple’s Accused Products in
`
`their normal, customary way to infringe the ’020 patent.
`
`13
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`

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`Case 3:15-cv-05007-RS Document 87 Filed 07/24/15 Page 15 of 30
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`44.
`
`Apple actively induces third parties, including without limitation end-users of
`
`Apple’s Accused Products, to infringe the ’020 patent by, among other things, (i) enabling a user
`
`of Apple’s Accused Products to access functions from unlaunched applications via application
`
`summary windows as disclosed and claimed in the ’020 patent;12 (ii) providing instructions to
`
`end-users of Apple’s Accused Products for using the functionalities claimed in the ’020 patent;13
`
`(iii) advertising the functionalities claimed in the ’020 patent;14 and (iv) providing to third parties
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`the hardware (e.g., display or screen, processor(s), memory, and/or graphics processor(s)
`
`contained in Apple’s Accused Products) and software components (e.g., Apple’s iOS operating
`
`system running on Apple’s Accused Products) that may be required for or associated with
`
`infringement of the ’020 patent’s claims via the manufacture, marketing, sale, and/or distribution
`
`of the Accused Products through its website, retail store locations, and third-party distributors.
`
`45.
`
`Apple’s foregoing activities have been without authority and/or license from Core
`
`Wireless.
`
`46.
`
`Apple has had direct and actual knowledge of the ’020 patent and Core Wireless’s
`
`infringement claims at least as of the filing of Core Wireless’s Original Complaint in September
`
`2014. Apple has also had direct and actual knowledge of Core Wireless’s specific infringement
`
`contentions concerning the ’020 patent since at least March 2015. Despite Apple’s knowledge of
`
`the ’020 patent and Core Wireless’s infringement contentions, Apple continues to engage in the
`
`12 On March 6, 2015, Core Wireless served Apple with its infringement contentions pursuant to P.R. 3-1, which
`detail Apple’s infringement of the asserted claims of the ’020 patent.
`13 See, e.g., Exhibit 7 (“Alerts...Alerts can also appear on the Lock screen. Respond to an alert without