Case 4:18-cv-03194-YGR Document 39-1 Filed 11/09/18 Page 1 of 187
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`Ronald J. Schutz (pro hac vice pending)
`RSchutz@robinskaplan.com
`Cyrus A. Morton (pro hac vice pending)
`CMorton@robinskaplan.com
`Benjamen C. Linden (pro hac vice pending)
`BLinden@robinskaplan.com
`ROBINS KAPLAN LLP
`800 LaSalle Avenue, Suite 2800
`Minneapolis, Minnesota 55402
`Tel: (612) 349-8500
`Fax: (612) 339-4181
`
`David Martinez (CSB # 193183)
`DMartinez@robinskaplan.com
`ROBINS KAPLAN LLP
`2049 Century Park East, Suite 3400
`Los Angeles, CA 90067-3208
`Tel: 310-552-0130
`Fax: 310-229-5800
`
`Attorneys for Plaintiff
`Affinity Labs of Texas, LLC
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
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`AFFINITY LABS OF TEXAS, LLC,
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`Plaintiff,
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`v.
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`BLACKBERRY CORPORATION,
`BLACKBERRY LIMITED,
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`Defendants.
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`Case No. 4:18-cv-03194
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`Plaintiff Affinity Labs of Texas, LLC (“Affinity Labs”) for its causes of action against
`Defendants, BlackBerry Corporation and BlackBerry Limited (collectively, “BlackBerry” and/or
`“Defendants”), states and alleges on knowledge and information and belief as follows:
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`Case No. 4:18-cv-03194
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 4:18-cv-03194-YGR Document 39-1 Filed 11/09/18 Page 2 of 187
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`PARTIES
`Plaintiff Affinity Labs is a Texas limited liability company having offices at 31884
`1.
`RR 12, Dripping Springs, TX 78620.
`On information and belief, BlackBerry Limited is a Canadian company having its
`2.
`principal place of business at 2200 University Avenue East, Waterloo, Ontario, Canada N2K
`0A7.
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`On information and belief, BlackBerry Corporation is a Delaware corporation with
`3.
`its principal place of business at 5000 Riverside Drive, Suite 100E, Irving, TX 75039.
`JURISDICTION
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§
`4.
`1331 and 1338(a), in that this action arises under the federal patent statutes, 35 U.S.C. §§ 271 and
`281-285.
`This Court has personal jurisdiction over BlackBerry. Upon information and
`5.
`belief, BlackBerry has committed and continues to commit acts giving rise to this action within
`California and within this judicial district and BlackBerry has established minimum contacts
`within the forum such that the exercise of jurisdiction over BlackBerry would not offend
`traditional notions of fair play and substantial justice. For example, BlackBerry has committed
`and continues to commit acts of infringement in this District, by among other things, offering to
`sell and selling products that infringe the Asserted Patents, including smartphones. In conducting
`its business in California and this judicial district, BlackBerry derives substantial revenue from
`infringing products being sold, used, imported, and/or offered for sale or providing service and
`support to BlackBerry’s customers in California and this District, and will continue to do so
`unless enjoined by this Court.
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`VENUE
`Venue in the Northern District of California is proper pursuant to 28 U.S.C. §§
`6.
`1391(b) and (c) and 1400(b) because BlackBerry has committed acts within this judicial district
`giving rise to this action, BlackBerry has and continues to conduct business in this judicial
`district, including one or more acts of selling, using, importing, and/or offering for sale infringing
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`Case 4:18-cv-03194-YGR Document 39-1 Filed 11/09/18 Page 3 of 187
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`products or providing service and support to BlackBerry’s customers in this District. In addition,
`BlackBerry Corporation has regular and established places of business in this District as
`evidenced by the website located at the URL https://us.blackberry.com/company/about-us/maps.
`BlackBerry Limited is not a resident of the United States and therefore may be sued in any
`judicial district.
`Venue in this District is also proper because of judicial economy. Judge Gonzalez-
`7.
`Rogers presided over Affinity Labs of Texas, LLC v. Blackberry Limited, et al., Civil Action No.
`14-cv-03031; Affinity Labs of Texas, LLC v. Samsung Electronics Co., Ltd., et al., Civil Action
`No. 14-cv-02717; and Affinity Labs of Texas, LLC v. Samsung Electronics Co., Ltd., et al., Civil
`Action No. 14-cv-03030. The Asserted Patents were collectively at issue in the three proceedings.
`BACKGROUND
`Affinity Labs
`Affinity Labs restates and realleges each of the allegations set forth above and
`8.
`incorporates them herein.
`Affinity Labs was founded in 2008 by Russell White and Harlie Frost.
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`Russell White is a successful entrepreneur and patent attorney. Mr. White grew up
`in Houston, Texas, and has an undergraduate degree in mechanical engineering from Texas
`A&M. Mr. White also graduated from the University of Temple Law School. After earning his
`law degree, Mr. White co-founded SBC Knowledge Ventures, an entity within AT&T.
`11. Mr. White is also a prolific inventor. Mr. White is listed as an inventor on at least
`twenty-five separate United States patents.
`On March 28, 2000, Mr. White and Kevin R. Imes filed a detailed patent
`12.
`application, No. 09/537,812 (“the ’812 application”) with the United States Patent and Trademark
`Office (“PTO”).
`The ’812 application broadly addressed the problem of accessing, managing, and
`13.
`communicating digital audio and video content. In doing so, the ’812 application disclosed a
`number of inventions relating to creating a new media ecosystem with a portable electronic audio
`device such as an MP3 player or cell phone at its center.
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`The ’812 application also disclosed the ability to download music and playlists
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`from an online store, or stream Internet radio, to the portable electronic device, and then connect
`the device to a second device such as an automobile with a display. As disclosed in the ’812
`application, the music available on the portable device can then be displayed and selected using
`controls on an automobile stereo system, and played through the speakers.
`15. Mr. White and Mr. Imes made this disclosure in the ’812 application over a year
`before the iPod was released in October 2001, approximately 3 years before the iTunes Store sold
`its first song, 7 years before the first iPhone was sold, 8 years before the App Store was launched,
`and 8 years before the functionality of having the music available on a portable device be
`displayed and selected using controls on an automobile stereo system and played through the
`speakers was available using an iPhone and some luxury vehicles. This same connective
`functionality did not become available on Android phones until more than 9 years after Mr. White
`and Mr. Imes filed the ’812 application.
`Resulting from the ’812 application, on March 6, 2007, the PTO issued United
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`States Patent No. 7,187,947 entitled “System and Method for Communicating Selected
`Information to an Electronic Device” (“the ’947 patent”), a copy of which is attached as Exhibit
`A.
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`On September 21, 2015, an Inter Partes Reexamination Certificate issued for the
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`’947 patent, cancelling claims 1-42 and issuing new dependent claim 43.
`On December 15, 2009, the PTO issued United States Patent No. 7,634,228,
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`entitled “Content Delivery System and Method” (“the ’228 patent”), a copy of which is attached
`as Exhibit B. The ’228 patent was issued from a continuation application claiming priority to the
`’812 application.
`On September 10, 2013, the PTO issued United States Patent No. 8,532,641,
`19.
`entitled “System and Method for Managing Media” (“the ’641 patent”), a copy of which is
`attached as Exhibit C.
`The ’947, ’228, and ’641 patents (collectively, “the Asserted Patents”) are all in
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`the same patent family and the Asserted Patents all claim priority to the ’812 application, which
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`was filed with the PTO on March 28, 2000 and issued as the ’947 patent.
`The Asserted Patents have been cited by major businesses in the computer,
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`software, communications, automotive, and mobile industries. The Asserted Patents have been
`cited in at least 123 patents and publications, with many of these patents assigned to corporations
`such as Apple, AT&T, Toyota, Google, Nokia, Bose, IBM, Hewlett-Packard, and Volkswagen.
`Affinity Labs holds legal title, by assignment, to all of the Asserted Patents.
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`Affinity Labs holds legal title, by assignment, to the Asserted Patent.
`The Accused Devices
`In the last six years, BlackBerry has and continues to design, develop,
`24.
`manufacture, import, sell, and/or offer for sale smartphones. These smartphone products include,
`but are not limited to, the Aurora, Bold 9790, Bold 9900, Bold 9930, Classic, Curve 9310, Curve
`9315, Curve 9360, DTEK50, DTEK60, KEYone, Leap, Motion, P’9918, P’9982, P’9983,
`Passport, Playbook, Priv, Q10, Z10, Z3, and Z30.
`BlackBerry’s smartphones each have a display and memory. For example, the
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`DTEK50 smartphone has a 5.2-inch display, three gigabytes of RAM, and 16 gigabytes of flash
`memory.
`BlackBerry has designed, developed, manufactured, imported, sold, and/or offered
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`for sale smartphones loaded with the BlackBerry Operating System when sold. For example,
`when sold, the BlackBerry Z10 smartphone was loaded with version 10 of the BlackBerry
`Operating System.
`BlackBerry also has and continues to design, develop, manufacture, import, sell,
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`and/or offer for sale smartphones that are loaded with the Android Operating System when sold.
`For example, when sold, the DTEK50 is loaded with the Android Operating System.
`BlackBerry’s smartphones have the ability to play music stored locally on the
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`device. For example, the BlackBerry Z10 and DTEK50 smartphones have the ability to play
`digitally compressed songs.
` BlackBerry’s smartphones allow users to navigate through locally saved songs by
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`name. For example, the BlackBerry Z10 and DTEK50 smartphones allow users to navigate
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`through a list of songs organized by name, and displays graphical items such as the song name
`and album art while playing digitally compressed songs.
`BlackBerry’s smartphones have the ability to connect to a separate electronic
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`device having a screen through use of wireless communication module, allowing a user to select
`songs stored on the smartphone for playback via that separate electronic device. For example, the
`BlackBerry Z10 and DTEK50 are capable of connecting to a Ford automobile containing a Ford
`SYNC entertainment system via Bluetooth. Upon that connection, the Ford SYNC system can
`display a selectable menu item associated with a song stored on the BlackBerry Z10 or DTEK50.
`By pressing soft buttons on the Ford SYNC system’s display, a user can choose songs stored on
`the BlackBerry Z10 or DTEK50 to be wirelessly communicated to the Ford SYNC system and
`played through the automobile’s speakers.
`BlackBerry’s smartphones have the ability to connect to a separate electronic
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`device having a screen through use of a USB cable, allowing a user to use the separate electronic
`device’s screen to navigate through songs stored on the smartphone and select songs for playback
`via that separate electronic device. For example, the BlackBerry Z10 or DTEK50 are capable of
`connecting to a Ford automobile containing a Ford SYNC entertainment system via a USB cable.
`Upon that connection, the Ford SYNC system can display the names of songs stored on the
`BlackBerry Z10 or DTEK50. By pressing soft buttons on the Ford SYNC system’s display, a
`user can navigate through these songs and choose specific songs stored on the BlackBerry Z10 or
`DTEK50 to be played through the automobile’s speakers.
`BlackBerry’s smartphones have the ability to receive both a wireless digital signal
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`and a wireless analog signal. For example, the BlackBerry DTEK50 is capable of receiving both a
`wireless digital signal, e.g., LTE, and a wireless analog signal, e.g., FM Radio.
`COUNT I
`Infringement of U.S. Patent No. 7,187,947 by BlackBerry
`Affinity Labs restates and realleges each of the allegations set forth above and
`33.
`incorporates them herein.
`In violation of 35 U.S.C. § 271, BlackBerry has infringed, and if not enjoined, will
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`continue to infringe the ’947 patent by (1) manufacturing, using, marketing, selling, offering for
`sale, and/or importing, without authority, products and services that are covered by claim 43 of
`the ’947 patent, literally and/or under the doctrine of equivalents, in violation of 35 U.S.C.
`§271(a); and/or (2) inducing infringement of claim 43 of the ’947 patent, in violation of 35 U.S.C.
`§ 271(b). In particular, BlackBerry infringes claim 43 of the ’947 patent directly and indirectly,
`literally and under the doctrine of equivalents, and by inducement by (1) manufacture, use,
`marketing of, sale, offer for sale, and/or importation of BlackBerry smartphones including at least
`the BlackBerry DTEK50; and (2) using BlackBerry smartphones including at least the
`BlackBerry DTEK50, as part of the audio system claimed in claim 43 of the ’947 patent.
`BlackBerry has and continues to directly infringe claim 43 of the ’947 patent at
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`least by making, using, selling, importing and/or offering to sell smartphones, including at least
`the BlackBerry DTEK50. BlackBerry markets and sells and has sold its smartphones to
`customers and potential customers that include, for example, companies in the smartphone
`industries in the United States, in addition to individual customers in the United States.
`BlackBerry indirectly infringes claim 43 of the ’947 patent at least because BlackBerry has had
`knowledge of claim 43 of the ’947 patent and has induced others to infringe claim 43 of the ’947
`patent.
`BlackBerry has had actual knowledge of claim 43 of the ’947 patent since at least
`36.
`the filing of a Joint Status Report on October 30, 2015 in the matter of Affinity Labs of Texas,
`LLC v. Blackberry Limited, et al., Civil Action No. 14-cv-03031.
`BlackBerry has and continues to indirectly infringe claim 43 of the ’947 patent by
`37.
`inducing others (e.g., its customers and end-users) to directly infringe claim 43 of the ’947 patent
`in this District and elsewhere in the United States in violation of 35 U.S.C. § 271(b) since at least
`October 30, 2015.
`Through its website, user manuals, and advertising and sales personnel,
`38.
`BlackBerry markets and promotes the use of BlackBerry smartphones, including the BlackBerry
`DTEK50, which infringes claim 43 of the ’947 patent when they are used as BlackBerry intends
`by its customers and end-users. BlackBerry further instructs its customers and end-users how to
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`use such products in a manner that infringes claim 43 of the ’947 patent. As an example,
`BlackBerry instructs downstream customers concerning the use of its BlackBerry DTEK50
`product, which infringes claim 43 of the ’947 patent. BlackBerry also instructs its customers and
`end-users to infringe claim 43 of the ’947 patent claims through the products themselves, for
`example, through on-screen instructions, intuitive user interfaces, and command prompts. Not by
`way of limitation, BlackBerry instructs its customers and end-users to activate their smartphones
`so that other Bluetooth devices can discover them, or so that they can scan for other, available
`Bluetooth devices with which to pair, including for the purposes of playing music. BlackBerry
`induces this direct infringement by advertising and instructing its customers and end-users to use
`BlackBerry smartphones, including at least the BlackBerry DTEK50, in a manner which infringes
`claim 43 of the ’947 patent, as set forth in the claim chart attached as Exhibit D and incorporated
`herein. (See Exhibit A, Exhibit D).
`On information and belief, even though BlackBerry has been aware of the ’947
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`patent, and aware that its customers and end-users infringe claim 43 of the ’947 patent,
`BlackBerry has not made any changes, to date, to the functionality, operations, marketing,
`advertising, sales, technical support, etc. of such products to avoid infringing claim 43 of the ’947
`patent. (See Exhibit A; Exhibit D).
`As such, BlackBerry continues to specifically intend for and encourage its
`40.
`customers and end-users to use its products in a manner that directly infringe claim 43 of the ’947
`patent.
`BlackBerry’s actions of, inter alia, making, importing, using, offering for sale,
`41.
`and/or selling such products constitute infringement of claim 43 of the ’947 patent, which was
`duly issued by the United States Patent and Trademark Office and is presumed valid. BlackBerry
`has been aware since at least October 30, 2015 that its actions constitute infringement of claim 43
`of the ’947 patent, and that claim 43 of the ’947 patent is valid. Despite BlackBerry’s knowledge,
`BlackBerry has not made any changes, to date, to the functionality, operations, marketing,
`advertising, sales, or technical support for the relevant operation of its accused products, and has
`not provided its users and/or customers with instructions on how to avoid infringement of claim
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`43 of the ’947 patent. Instead, BlackBerry has continued to, and still is continuing to, make, use,
`offer for sale, and/or sell accused products that when used as BlackBerry instructs and
`specifically intends, practice claim 43 of the ’947 patent.
`BlackBerry does not have a license or permission to use the claimed subject matter
`42.
`in the ’947 patent.
`Affinity Labs has been injured and has been caused significant financial damage as
`43.
`a direct and proximate result of BlackBerry’s infringement of the ’947 patent.
`BlackBerry will continue to infringe the ’947 patent, and thus cause irreparable
`44.
`injury and damage to Affinity Labs unless enjoined by this Court.
`Affinity Labs is entitled to recover from BlackBerry the damages sustained by
`45.
`Affinity Labs as a result of BlackBerry’s wrongful acts in an amount subject to proof at trial.
`The ’947 Accused Products include, by way of example, Aurora, Bold 9790, Bold
`46.
`9900, Bold 9930, Classic, Curve 9310, Curve 9315, Curve 9360, DTEK50, DTEK60, KEYone,
`Leap, Motion, P’9918, P’9982, P’9983, Passport, Playbook, Priv, Q10, Z10, Z3, and Z30.
`COUNT II
`Infringement of U.S. Patent No. 7,634,228 by BlackBerry
`Affinity Labs restates and realleges each of the allegations set forth above and
`47.
`incorporates them herein.
`In violation of 35 U.S.C. § 271, BlackBerry has infringed, and if not enjoined, will
`48.
`continue to infringe the ’228 patent by (1) manufacturing, using, marketing, selling, offering for
`sale, and/or importing, without authority, products and services that are covered by claim 3 of the
`’228 patent, literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. §271(a);
`and/or (2) inducing infringement of claim 3 of the ’228 patent, in violation of 35 U.S.C. § 271(b).
`In particular, BlackBerry infringes claim 3 of the ’228 patent directly and indirectly, literally and
`under the doctrine of equivalents, and by inducement by (1) manufacture, use, marketing of, sale,
`offer for sale, and/or importation of BlackBerry smartphones including at least the BlackBerry
`DTEK50; and (2) using BlackBerry smartphones including at least the BlackBerry DTEK50, as
`part of the audio system claimed in claim 3 of the ’228 patent.
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`BlackBerry has and continues to directly infringe claim 3 of the ’228 patent at
`49.
`least by making, using, selling, importing and/or offering to sell smartphones, including at least
`the BlackBerry DTEK50. BlackBerry markets and sells and has sold its smartphones to
`customers and potential customers that include, for example, companies in the smartphone
`industries in the United States, in addition to individual customers in the United States.
`BlackBerry indirectly infringes claim 3 of the ’228 patent at least because BlackBerry has had
`knowledge of the ’228 patent and has induced others to infringe the ’228 patent.
`BlackBerry has had actual knowledge of the ’228 patent since at least March 3,
`50.
`2015 upon filing of a Joint Status Report in the matter of Affinity Labs of Texas, LLC v.
`Blackberry Limited, et al., Civil Action No. 14-cv-03031.
`BlackBerry has and continues to indirectly infringe claim 3 of the ’228 patent by
`51.
`inducing others (e.g., its customers and end-users) to directly infringe claim 3 of the ’228 patent
`in this District and elsewhere in the United States in violation of 35 U.S.C. § 271(b) since at least
`March 3, 2015.
`Through its website, user manuals, and advertising and sales personnel,
`52.
`BlackBerry markets and promotes the use of BlackBerry smartphones, including the BlackBerry
`DTEK50, which infringes claim 3 of the ’228 patent when they are used as BlackBerry intends by
`its customers and end-users. BlackBerry further instructs its customers and end-users how to use
`such products in a manner that infringes claim 3 of the ’228 patent. As an example, BlackBerry
`instructs downstream customers concerning the use of its BlackBerry DTEK50 product, which
`infringes claim 3 of the ’228 patent. BlackBerry also instructs its customers and end-users to
`infringe claim 3 of the ’228 patent claims through the products themselves, for example, through
`on-screen instructions, intuitive user interfaces, and command prompts. Not by way of limitation,
`BlackBerry instructs its customers and end-users to activate their smartphones so that other
`Bluetooth devices can discover them, or so that they can scan for other, available Bluetooth
`devices with which to pair, including for the purposes of playing music. BlackBerry induces this
`direct infringement by advertising and instructing its customers and end-users to use BlackBerry
`smartphones, including at least the BlackBerry DTEK50, in a manner which infringes claim 3 of
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 4:18-cv-03194-YGR Document 39-1 Filed 11/09/18 Page 11 of 187
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`the ’228 patent, as set forth in the claim chart attached as Exhibit E and incorporated herein. (See
`Exhibit B, Exhibit E).
`On information and belief, even though BlackBerry has been aware of the ’228
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`patent, and aware that its customers and end-users infringe claim 3 of the ’228 patent, BlackBerry
`has not made any changes, to date, to the functionality, operations, marketing, advertising, sales,
`technical support, etc. of such products to avoid infringing claim 3 of the ’228 patent. (See
`Exhibit B; Exhibit E).
`As such, BlackBerry continues to specifically intend for and encourage its
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`customers and end-users to use its products in a manner that directly infringe claim 3 of the ’228
`patent.
`BlackBerry’s actions of, inter alia, making, importing, using, offering for sale,
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`and/or selling such products constitute infringement of claim 3 of the ’228 patent, which was duly
`issued by the United States Patent and Trademark Office and is presumed valid. BlackBerry has
`been aware since at least March 3, 2015 that its actions constitute infringement of claim 3 of the
`’228 patent, and that claim 3 of the ’228 patent is valid. Despite BlackBerry’s knowledge,
`BlackBerry has not made any changes, to date, to the functionality, operations, marketing,
`advertising, sales, or technical support for the relevant operation of its accused products, and has
`not provided its users and/or customers with instructions on how to avoid infringement of claim 3
`of the ’228 patent. Instead, BlackBerry has continued to, and still is continuing to, make, use,
`offer for sale, and/or sell accused products that when used as BlackBerry instructs and
`specifically intends, practice claim 3 of the ’228 patent.
`BlackBerry does not have a license or permission to use the claimed subject matter
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`in the ’228 patent.
`Affinity Labs has been injured and has been caused significant financial damage as
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`a direct and proximate result of BlackBerry’s infringement of the ’228 patent.
`BlackBerry will continue to infringe the ’228 patent, and thus cause irreparable
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`injury and damage to Affinity Labs unless enjoined by this Court.
`Affinity Labs is entitled to recover from BlackBerry the damages sustained by
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`Case No. 4:18-cv-03194
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 4:18-cv-03194-YGR Document 39-1 Filed 11/09/18 Page 12 of 187
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`Affinity Labs as a result of BlackBerry’s wrongful acts in an amount subject to proof at trial.
`The ’228 Accused Products include, by way of example, Aurora, Bold 9790, Bold
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`9900, Bold 9930, Classic, Curve 9310, Curve 9315, Curve 9360, DTEK50, DTEK60, KEYone,
`Leap, Motion, P’9918, P’9982, P’9983, Passport, Playbook, Priv, Q10, Z10, Z3, and Z30.
`COUNTY III
`Infringement of U.S. Patent No. 8,532,641 by BlackBerry
`Affinity Labs restates and realleges each of the allegations set forth above and
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`incorporates them herein.
`In violation of 35 U.S.C. § 271, BlackBerry has infringed, and if not enjoined, will
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`continue to infringe the ’641 patent by (1) manufacturing, using, marketing, selling, offering for
`sale, and/or importing, without authority, products and services that are covered by claim 4 of the
`’641 patent, literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. §271(a);
`and/or (2) inducing infringement of claim 4 of the ’641 patent, in violation of 35 U.S.C. § 271(b).
`In particular, BlackBerry infringes claim 4 of the ’641 patent directly and indirectly, literally and
`under the doctrine of equivalents, and by inducement by (1) manufacture, use, marketing of, sale,
`offer for sale, and/or importation of BlackBerry smartphones including at least the BlackBerry
`DTEK50; and (2) using BlackBerry smartphones including at least the BlackBerry DTEK50, as
`part of the audio system claimed in claim 4 of the ’641 patent.
`BlackBerry has and continues to directly infringe claim 4 of the ’641 patent at
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`least by making, using, selling, importing and/or offering to sell smartphones, including at least
`the BlackBerry DTEK50. BlackBerry markets and sells and has sold its smartphones to
`customers and potential customers that include, for example, companies in the smartphone
`industries in the United States, in addition to individual customers in the United States.
`BlackBerry indirectly infringes claim 4 of the ’641 patent at least because BlackBerry has had
`knowledge of the ’641 patent and has induced others to infringe the ’641 patent.
`BlackBerry has had actual knowledge of the ’641 patent since at least November
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`26, 2013.
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`BlackBerry has and continues to indirectly infringe claim 4 of the ’641 patent by
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`Case No. 4:18-cv-03194
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 4:18-cv-03194-YGR Document 39-1 Filed 11/09/18 Page 13 of 187
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`inducing others (e.g., its customers and end-users) to directly infringe claim 4 of the ’641 patent
`in this District and elsewhere in the United States in violation of 35 U.S.C. § 271(b) since at least
`November 26, 2013.
`Through its website, user manuals, and advertising and sales personnel,
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`BlackBerry markets and promotes the use of BlackBerry smartphones, including the BlackBerry
`DTEK50, which infringes claim 4 of the ’641 patent when they are used as BlackBerry intends by
`its customers and end-users. BlackBerry further instructs its customers and end-users how to use
`such products in a manner that infringes claim 4 of the ’641 patent. As an example, BlackBerry
`instructs downstream customers concerning the use of its BlackBerry DTEK50 product, which
`infringes claim 4 of the ’641 patent. BlackBerry also instructs its customers and end-users to
`infringe claim 4 of the ’641 patent claims through the products themselves, for example, through
`on-screen instructions, intuitive user interfaces, and command prompts. Not by way of limitation,
`BlackBerry instructs its customers and end-users to activate their smartphones so that other
`Bluetooth devices can discover them, or so that they can scan for other, available Bluetooth
`devices with which to pair, including for the purposes of playing music. BlackBerry induces this
`direct infringement by advertising and instructing its customers and end-users to use BlackBerry
`smartphones, including at least the BlackBerry DTEK50, in a manner which infringes claim 4 of
`the ’641 patent, as set forth in the claim chart attached as Exhibit F and incorporated herein. (See
`Exhibit C, Exhibit F).
`On information and belief, even though BlackBerry has been aware of the ’641
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`patent, and aware that its customers and end-users infringe claim 4 of the ’641 patent, BlackBerry
`has not made any changes, to date, to the functionality, operations, marketing, advertising, sales,
`technical support, etc. of such products to avoid infringing claim 4 of the ’641 patent. (See
`Exhibit C; Exhibit F).
`As such, BlackBerry continues to specifically intend for and encourage its
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`customers and end-users to use its products in a manner that directly infringe claim 4 of the ’641
`patent.
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`BlackBerry’s actions of, inter alia, making, importing, using, offering for sale,
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`Case No. 4:18-cv-03194
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 4:18-cv-03194-YGR Document 39-1 Filed 11/09/18 Page 14 of 187
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`and/or selling such products constitute infringement of claim 4 of the ’641 patent, which was duly
`issued by the United States Patent and Trademark Office and is presumed valid. BlackBerry has
`been aware since at least November 26, 2013 that its actions constitute infringement of claim 4 of
`the ’641 patent, and that claim 4 of the ’641 patent is valid. Despite BlackBerry’s knowledge,
`BlackBerry has not made any changes, to date, to the functionality, operations, marketing,
`advertising, sales, or technical support fo