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`David A. Nelson (pro hac vice forthcoming)
`(Ill. Bar No. 6209623)
`davenelson@quinnemanuel.com
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`500 West Madison St., Suite 2450
`Chicago, Illinois 60661
`Telephone: (312) 705-7400
`Facsimile: (312) 705-7401
`
`Karen P. Hewitt (SBN 145309)
`kphewitt@jonesday.com
`Randall E. Kay (SBN 149369)
`rekay@jonesday.com
`JONES DAY
`4655 Executive Drive, Suite 1500
`San Diego, California 92121
`Telephone: (858) 314-1200
`Facsimile: (844) 345-3178
`
`Evan R. Chesler (pro hac vice forthcoming)
`(N.Y. Bar No. 1475722)
`echesler@cravath.com
`CRAVATH, SWAINE & MOORE LLP
`Worldwide Plaza, 825 Eighth Avenue
`New York, NY 10019
`Telephone: (212) 474-1000
`Facsimile: (212) 474-3700
`
`Attorneys for Plaintiff
`QUALCOMM INCORPORATED
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`QUALCOMM INCORPORATED,
`Case No.
`Plaintiff,
`COMPLAINT FOR PATENT
`INFRINGEMENT
`[DEMAND FOR A JURY TRIAL]
`
`v.
`APPLE INCORPORATED,
`Defendant.
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`QUALCOMM INCORPORATED’S COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Qualcomm Incorporated (“Qualcomm”), by its undersigned
`attorneys, alleges, with knowledge with respect to its own acts and on information
`and belief as to other matters, as follows:
`NATURE OF THE ACTION
`1.
`Qualcomm brings this action to compel Apple to cease infringing
`Qualcomm’s patents and to compensate Qualcomm for Apple’s extensive
`infringement of Qualcomm’s patented technologies.
`2.
`Qualcomm is one of the world’s leading technology companies and a
`pioneer in the mobile phone industry. Its inventions form the very core of modern
`mobile communication and enable modern consumer experiences on mobile devices
`and cellular networks.
`3.
`Since its founding in 1985, Qualcomm has been designing, developing,
`and improving mobile communication devices, systems, networks, and products.
`Among other innovations, it has many invented technologies that enable cellular
`communications around the world. For instance, Qualcomm developed fundamental
`technologies at the heart of 2G, 3G, and 4G cellular communications, is one of a
`handful of companies leading the development of the next-generation 5G standard,
`and has developed numerous innovative features used in virtually every modern
`cellular device.
`4.
`Qualcomm also has focused on making inventive contributions to the
`patents it has in its portfolio as part of its emphasis on supporting innovation.
`Qualcomm’s patent portfolio currently includes more than 130,000 issued patents
`and patent applications worldwide. Hundreds of mobile device suppliers around the
`world have taken patent licenses from Qualcomm.
`5.
`Apple is the world’s most profitable seller of mobile devices. Its
`iPhones and other products enjoy enormous commercial success. But without the
`innovative technology covered by Qualcomm’s patent portfolio, Apple’s products
`would lose much of their consumer appeal. Apple was a relatively late entrant in the
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`mobile device industry, and its mobile devices rely heavily on the inventions of
`Qualcomm and other companies that Qualcomm has invested in. While Apple is
`trying to take credit for “creat[ing] the modern smartphone as a product category,” it
`was the pioneering inventions by Qualcomm that created the smartphone. Nearly a
`decade before Apple released the iPhone, Qualcomm unveiled its own full-feature,
`top-of-the-line smartphone, the “pdQ 1900.” According to CNN’s 1999 holiday
`buying guide, Qualcomm’s pdQ 1900 “lets you make calls, keep records, send
`email, browse the web and run over a thousand different applications, all while on
`the go. Although a cell phone, it is one of the first truly portable, mobile and
`multipurpose Internet devices.”1 And there were many follow-on devices with
`similar capabilities, long before the iPhone. While Qualcomm no longer markets
`phones directly to consumers, it continues to lead the development of cutting-edge
`technologies that underpin a wide range of important wireless-device features.
`Other companies, like Apple, now manufacture and market phones that feature
`Qualcomm’s innovations and the innovations of other technology pioneers that
`Qualcomm invested in.
`6.
`Qualcomm’s innovations have influenced all smartphones, and
`Apple—like other major mobile device makers—utilizes Qualcomm’s technologies.
`Qualcomm’s technologies enable and enhance popular features that drive consumer
`demand, for example, battery charging and power-management technologies that
`improve battery health and battery life; improved radio signaling and networking
`technologies that permit fast and uninterrupted wireless communications; cameras
`that automatically focus on a desired location; and machine learning capabilities that
`can assist users by facilitating various predictive functionalities, among many
`others.
`
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`1 http://edition.cnn.com/1999/TECH/ptech/12/03/qualcomm.pdq/.
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`7.
`In contrast to Qualcomm’s lengthy history as a pioneer innovator of
`mobile technology, including the smartphone and technologies consumers demand
`in all smartphones, Apple is primarily an assembler of technologies it acquires or
`takes. Apple has admitted to its history of knowingly copying technology and being
`late in implementing technologies innovated by others.
`8.
`In short, Qualcomm invented many core technologies that make the
`iPhone (and other smartphones and mobile devices) desirable to consumers in their
`daily lives. Instead of developing their own solutions in these areas, Apple instead
`chose to use Qualcomm’s inventions without permission/license.
`9.
` While Apple built the most successful consumer products in history by
`relying significantly on technologies pioneered by Qualcomm and others, Apple
`refuses to pay for those technologies. Instead, as Apple’s founder boasted, Apple
`“steals” the great ideas of others—specifically, that “we have always been
`shameless about stealing great ideas.”2 Apple employees likewise admit that
`Apple—a relatively late entrant in the mobile space—did not invent many of the
`iPhone’s features. Instead, Apple incorporated, marketed, and commercialized the
`work of others: “I don’t know how many things we can come up with that you could
`legitimately claim we did first. . . . We had the first commercially successful version
`of many features but that’s different than launching something to market first.”3
`10. But rather than pay Qualcomm for the technology Apple uses, Apple
`has taken extraordinary measures to avoid paying Qualcomm for the fair value of
`
`
`2 Interview with Steve Jobs, available at
`https://www.youtube.com/watch?v=CW0DUg63lqU (“Picasso had a saying, ‘good
`artists copy, great artists steal.’ And we have always been shameless about stealing
`great ideas.”).
`3 April 2010 email from Apple’s iPhone Product Marketing Manager, Steve
`Sinclair, reported in: Rick Merritt, Schiller ‘shocked at ‘copycat’ Samsung phone,
`Embedded (Aug. 3, 2012), http://www.embedded.com/print/4391702 (April 21,
`2017 snapshot of page, accessed via Google’s cache).
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`Qualcomm’s patents. Apple is the quintessential example of a company engaging in
`patent hold-out, and has repeatedly pursued a patent hold-out strategy using its
`enormous financial resources to harm innovators of technologies it uses. More
`recently, on January 20, 2017, Apple sued Qualcomm in this district, asserting an
`array of excuses to avoid paying fair-market, industry-standard rates for the use of
`certain of Qualcomm’s pioneering patents that are critical to all smartphones like the
`iPhone. See Case No. 3:17-cv-00108-GPC-MDD. Apple also encouraged the
`companies that manufacture the iPhone to breach their contracts with Qualcomm by
`refusing to pay for the Qualcomm technology in iPhones, something that those
`manufacturers had done for many years, without complaint, before Apple’s direction
`to stop. Further, Apple misled governmental agencies around the world into
`investigating Qualcomm in an effort to indirectly exert leverage over Qualcomm.
`11. Many of Qualcomm’s patents are essential to certain cellular or other
`standards (“Standard Essential Patents”), such that the use of an underlying
`technological standard would require use of the patent. Qualcomm also owns a
`wide range of non-standard-essential patents for inventions in various technologies
`related to mobile devices. A significant number of those patents are encompassed
`by Qualcomm’s patent licenses with Apple’s manufacturers of iPhones, and Apple
`is aware that Qualcomm cannot pursue Apple for infringement of those licensed
`patents. But many other patents covering cutting edge technologies used in iPhones
`-- are not included in licenses to Apple’s iPhone manufacturers that Apple has
`infringed upon.
`12.
`In this suit, Qualcomm asserts a set of six non-standard-essential
`patents infringed by Apple’s mobile electronic devices. The patents asserted in this
`suit represent only a small fraction of the Qualcomm non-standard-essential patents
`that Apple uses without a license.
`13. Qualcomm repeatedly offered to license its patents to Apple, including
`those at issue in this case. But Apple has repeatedly refused offers to license
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`Qualcomm’s patents on reasonable terms. Qualcomm therefore seeks to enforce its
`rights in the patents identified below and to address and remedy Apple’s flagrant
`infringement of those patents.
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`PARTIES
`14. Qualcomm is a Delaware corporation with its principal place of
`business at 5775 Morehouse Drive, San Diego, California. Since 1989, when
`Qualcomm publicly introduced Code Division Multiple Access (“CDMA”) as a
`commercially successful digital cellular communications standard, Qualcomm has
`been recognized as an industry leader and innovator in the field of mobile devices
`and cellular communications. Qualcomm owns more than 130,000 patents and
`patent applications around the world relating to cellular technologies and many
`other valuable technologies used by mobile devices. Qualcomm is a leader in the
`development and commercialization of wireless technologies and the owner of the
`world’s most significant portfolio of cellular technology patents. Qualcomm derives
`a substantial portion of its revenues and profits from licensing its intellectual
`property. Qualcomm is also a world leader in the sale of chips, chipsets, and
`associated software for mobile phones and other wireless devices.
`15. Apple is a corporation organized and existing under the laws of the
`State of California, with its principal place of business at 1 Infinite Loop, Cupertino,
`California. Apple designs, manufactures, and sells throughout the world a wide
`range of products, including mobile devices that incorporate Qualcomm’s multi-
`touch-gesture, autofocus, multitasking-interface, quick-charging, and machine-
`learning patents.
`
`JURISDICTION AND VENUE
`16. This action arises under the patent laws of the United States of
`America, 35 U.S.C. § 1 et seq. This Court has jurisdiction over the subject matter of
`this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`17. This Court has personal jurisdiction over Apple because it is organized
`and exists under the laws of California.
`18. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c)
`and 28 U.S.C. § 1400(b). Venue is appropriate under 28 U.S.C. 1400(b) at least
`because Apple is incorporated in California and because Apple has committed acts
`of infringement and has a regular and established place of business in this
`district. Apple’s acts of infringement in this district include but are not limited to
`sales of the Accused Products at Apple Store locations in this district, including but
`not limited to 7007 Friars Road, San Diego, CA 92108 and 4505 La Jolla Village
`Drive, San Diego, CA 92122.
`STATEMENT OF FACTS
`Qualcomm Background
`19. Qualcomm was founded in 1985 when seven industry visionaries came
`together to discuss the idea of providing quality communications. For more than 30
`years, Qualcomm has been in the business of researching, designing, developing,
`and selling innovative semiconductor and cellular technology and products for the
`telecommunications and mobile technology industries.
`20. When Qualcomm was founded, cellular phones were cumbersome,
`heavy, and expensive devices that supplied inconsistent voice communications—
`audio quality was poor, users sometimes heard portions of others’ calls, handoffs
`were noisy, and calls frequently dropped. Qualcomm played a central role in the
`revolutionary transformation of cellular communications technologies. Today,
`cellular devices are remarkably powerful and can deliver reliable voice service and
`lightning-fast data to billions of consumers around the world at affordable prices.
`21. Qualcomm is now one of the largest technology, semiconductor, and
`telecommunications companies in the United States. It employs over 18,000 people
`in the United States, 68 percent of whom are engineers, and it occupies more than
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`92 buildings (totaling over 6.5 million sq. ft.) in seventeen states and the District of
`Columbia.
`22. Qualcomm’s industry-leading research and development efforts,
`focused on enabling cellular systems and products, are at the core of Qualcomm’s
`business. Since its founding, Qualcomm has invested tens of billions of dollars in
`research and development related to cellular, wireless communications, and mobile
`processor technology. Qualcomm’s massive research and development investments
`have produced numerous innovations. Because of this ongoing investment,
`Qualcomm continues to drive the development and commercialization of successive
`generations of mobile technology and is one of a handful of companies leading the
`development of the next-generation 5G standard.
`23. As a result of the strength and value of Qualcomm’s patent portfolio,
`virtually every major mobile device manufacturer in the world has taken a royalty-
`bearing license to Qualcomm’s patent portfolio. The licenses to Qualcomm’s
`patents allow manufacturers to use numerous forms of critical and innovative
`Qualcomm technology without having to bear the multi-billion dollar, multi-year
`costs of developing those innovations themselves.
`Apple Background
`24. Apple has built the most profitable company in the world, thanks in
`large part to products that rely on Qualcomm’s patented technologies. With a
`market capitalization of more than $700 billion, $246 billion in cash reserves, and a
`global sphere of influence, Apple has more money and more influence than many
`countries. Relying heavily on Qualcomm technology and technology Qualcomm
`has acquired, Apple has become the dominant player in mobile device sales.
`Apple’s dominance has grown every year since the iPhone’s launch in 2007. In
`recent years, Apple has captured upwards of 90 percent of all profits in the
`smartphone industry.
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`Qualcomm’s Battery-Charging Technology
`25. The asserted patents reflect the breadth of Qualcomm’s dedication and
`investment in research and development relating to mobile device
`technology. Qualcomm invented numerous proprietary solutions that are used to
`optimize products around the globe. Many of those inventions are reflected in
`Qualcomm’s non-standard-essential patents (such as the patents asserted in this
`case).
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`26. One of the areas in which Qualcomm is the leader is in an increasingly
`important technology for mobile devices: fast battery charging. “Qualcomm Quick
`Charge is the #1 fast charging method based on the number of devices and
`accessories commercially available.”4 Over 600 million mobile devices and
`accessories featuring Qualcomm Quick Charge have been sold to date.
`27. As smartphone functionality improves, including through bigger,
`brighter, higher-resolution screens, faster processors, and new and more powerful
`wireless capabilities, the devices tend to consume more power, necessitating the use
`of higher-capacity batteries to maintain acceptable battery life. Charging such high-
`capacity batteries using conventional methods may take an inconveniently long
`time, but charging at a higher voltages or currents may compromise safety or long-
`term battery performance.
`28. Battery safety also has emerged as a major concern for both consumers
`and regulators. Battery-related fires can lead to recalls, bans, and declines in
`demand. Some battery fires have been related to charging issues. To successfully
`compete in the market, and to satisfy regulators, electronics makers must now
`demonstrate that the battery systems in their products are safe, especially when it
`comes to overheating or fires.
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`4 https://www.qualcomm.com/news/snapdragon/2016/11/17/qualcomm-quick-
`charge-4-five-minutes-charging-five-hours-battery-life.
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`29. At the same time, customers demand batteries that store huge amounts
`of energy and charge quickly, for convenience. Ensuring safety while maintaining
`large battery capacity, fast charge times, and overall battery performance poses
`significant technical challenges.
`30. Qualcomm’s patented Quick Charge technology addresses these
`challenges by charging batteries faster while doing so safely, in compliance with
`battery performance standards, and in a way that preserves battery capacity and life.
`31. Fast charging is a feature that matters to consumers. As studies have
`shown, the majority of consumers are specifically influenced by fast charging when
`they purchase a smartphone.
`32. According to a 2016 Consumers Reports article, “In 2014, fewer than a
`half-dozen phones in Consumer Reports’ smartphone ratings came with [fast-
`charging] technology; today 20 do, and it’s fair to assume that it will be a standard
`feature on all but the least expensive phones.”5
`33. Qualcomm obtained an early version of the Quick Charge
`technology—known as Quick Charge 1.0—through its acquisition of Summit
`Microelectronics, Inc. (“Summit”) in June 2012.6 At the time of the acquisition,
`Qualcomm announced that the acquisition “enables us to provide our customers
`with industry leading power management and charging performance.”7 All former
`employees of Summit Microelectronics joined Qualcomm, and Qualcomm
`continued developing and improving the Quick Charge technology after acquiring
`Summit. On November 16, 2016, Qualcomm introduced Quick Charge 4, which
`
`5 http://www.consumerreports.org/smartphones/plugging-old-phone-chargers-into-
`fast-charge-smartphones/; see also
`https://www.qualcomm.com/media/documents/files/quick-charge-device-list.pdf.
`6 https://www.qualcomm.com/news/onq/2013/02/14/qualcomm-quick-charge-10-
`less-time-charging-more-time-doing.
`7 https://www.qualcomm.com/news/releases/2012/06/18/qualcomm-acquires-
`summit-microelectronics.
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`allows 5 minutes of charging to yield 5 hours of battery life, or 15 minutes of
`charging to yield a 50% battery charge.8
`34. Summit was the original assignee of U.S. Patent Number 7,834,591
`(“the ’591 patent”). Qualcomm acquired ownership of the ’591 patent when it
`acquired Summit and hired all of its employees in 2012.
`35. Qualcomm’s continued development of the Quick Charge technology
`has resulted in further inventions by Qualcomm, as reflected in related patents and
`applications generated after Qualcomm’s acquisition of Summit.
`36. Although Apple is not licensed to Qualcomm’s battery-charging
`patents, Apple uses the technology from those patents and publicly boasts that its
`battery-powered devices feature a system that also allows the devices to charge
`quickly while preserving battery performance. Apple’s website states that its
`batteries “charge[] fast for convenience and slow for longevity.” It continues:
`“Your Apple lithium-ion battery uses fast charging to quickly reach 80% of its
`capacity, then switches to slower trickle charging. The amount of time it takes to
`reach that first 80% will vary depending on your settings and which device you’re
`charging. This combined process not only lets you get out and about sooner, it also
`extends the lifespan of your battery.”9
`37. While the popularity of Qualcomm’s Quick Charge technology has
`grown, becoming widely used in flagship mobile devices, Apple boasts that its
`devices offer the benefits of Qualcomm’s Quick Charge technology—but Apple
`does not actually license the technology from Qualcomm.
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`8 https://www.qualcomm.com/news/snapdragon/2016/11/17/qualcomm-quick-
`charge-4-five-minutes-charging-five-hours-battery-life.
`9 http://www.apple.com/batteries/why-lithium-ion/.
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`Qualcomm’s Content Delivery Technology
`38. Today’s mobile devices—including Apple’s iPhones and iPads—
`promise the user several ways of connecting wirelessly to other devices, including
`through a cellular connection, a Wi-Fi connection, and a Bluetooth connection.
`Consumers want all of their devices to be connected and “communicate” with one
`another. But getting devices to relay accurate and reliable information with another
`poses significant technical challenges. Qualcomm’s patented Relevant Content
`Delivery technology, U.S. Patent Number 8,971,861 (patent ’861), meets these
`demands by enabling one mobile device to track, sense, monitor, and transmit
`relevant health data such as dehydration and heart rate to another mobile device.
`39. Apple heavily markets its devices’ varied wireless capabilities and
`ability to connect to one another wirelessly, pushing consumers to mobile devices
`that pair with one another.10 For example, Apple Watch is widely promoted by
`Apple to track and relay relevant data such as health and physiologic data to the
`user’s other mobile devices.11 Based on the physiological data, iPhone may push
`notifications, such as reminders and notifications of achievements, to Apple
`Watch.12
`40. Apple also touts that Apple Watch will record a user’s location,
`distance, and elevation during a run and that those “detailed stats” can then be
`viewed on the user’s iPhone.13 Apple further encourages Apple Watch users to view
`
`
`10 See http://www.apple.com/pr/library/2014/09/09Apple-Unveils-Apple-Watch-
`Apples-Most-Personal-Device-Ever.html.
`11 See http://www.apple.com/watch/health/.
`12 See https://support.apple.com/en-us/HT204666
`13 See https://www.apple.com/apple-watch-series-3/#sports-watch
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`their workout history and historical performances, which Apple Watch
`automatically sends to the user’s iPhone.14
`41. Additionally, iPhone keeps historical data of various users activities
`and, based on that history, provides notifications to Apple Watch.
`42. Ultimately, in order to deliver a better user experience that its
`customers demanded, Apple chose to use Qualcomm’s patented advancements in
`content delivery without paying for them.
`Qualcomm’s Machine-Learning Technology
`43. Qualcomm also has developed industry-leading artificial intelligence
`technologies, including pattern-based machine learning technologies. For example,
`Qualcomm has made important advances in aggregating input signals from different
`information sources—such as GPS or Bluetooth connections—to understand
`patterns in user behavior and provide personalized suggestions and assistance for a
`more satisfying user experience.
`44. Apple heavily markets features that use this technology to improve the
`user experience. For example, Apple promotes Proactive Suggestions in its Maps
`application, with Apple promising to predict where the user will go and suggest the
`fastest way to get there.15 Apple’s Siri also adapts to the user and provides services
`that are personalized to the user. These and other features Apple offers use machine
`learning to identify patterns of user behavior based on an aggregation of multiple
`input signals.
`45. Apple has chosen to use Qualcomm’s patented advancements in
`artificial intelligence and pattern learning, including U.S. Patent Number 8,768,865
`(“the ’865 patent”), without paying for them, to deliver the personalized user
`experiences Apple promises.
`
`14 See id.
`15 See https://www.apple.com/ios/maps/
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`Qualcomm’s Stepped Gain Mixer Technology
`46. Qualcomm has also invented a state of the art amplified stepped gain
`mixer that improves the signal-to-noise ratio that helps increase the amount of data
`that can be transmitted to a mobile device, as covered by U.S. Patent Number
`8,229,043 (“the ’043 patent”).
`47. Typical receivers have a signal-to-noise ratio (SNR) of no more than
`about 20 dB. The signal-to-noise ratio imposes a rough limit on the data throughput
`that a communication system can transmit. Id. at 1:14-17.
`48. Qualcomm’s patented stepped gain mixer provides a higher signal to
`noise ratio than that achievable with conventional mixers and allows higher data
`rates to be transmitted. Id. at 2:3-5. Apple’s newest iPhones use this patented
`technology and yet Apple has refused to pay Qualcomm to use it.
`Qualcomm’s Image Processing Technology
`49. Qualcomm also has contributed to technical developments in the areas
`of multimedia and consumer photography. For example, Qualcomm has made
`advancements in image processing as well as face and body detection, as reflected in
`U.S. Patent 8,447,132 (“the ’132 patent”). Qualcomm’s patented technology relates
`to recognizing an object in a image and applying correction to that object all while
`recognizing and applying a different correction to a different part of the image to
`improve the user experience. The ’132 patent achieves this by using a technology
`known as dynamic range correction, which uses the location of a dark object, such
`as a face, to determine the exposure time, and then the exposure can be adjusted so
`that the face is bright and visible. Id. at 2:10-14.
`50. Mobile devices with dual cameras, including certain Apple devices, use
`this invention to perform high quality simulations of photographic effects (such as
`the so-called “bokeh” effect) that can otherwise be generated only with bulky and
`expensive camera equipment. In fact, Apple’s Senior Vice President of Worldwide
`Marketing described the iPhone 7 Plus’s ability to “create a depth map of [an] image
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`from [its] two cameras . . . and apply a beautiful blur to the background” as “a huge
`breakthrough in what can be done in a smartphone in photography.”16 Apple has
`chosen to use Qualcomm’s patented advancements in multimedia and consumer
`photography without paying for them, to deliver the personalized user experiences
`Apple promises.
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`Qualcomm’s Circuitry Technology
`51. As mobile devices have become increasingly smaller and more
`portable, so too has their circuitry. However, as semiconductor technology gets
`smaller and smaller, it becomes harder to design circuits that are durable without
`compromising performance. As the world’s leading manufacture in cellar chips,
`chipsets, and associated software for mobile phones, Qualcomm has overcome these
`difficulties. Qualcomm continuously innovates in the areas of cell layout and chip
`design and has made important advances in high-density circuit architecture that
`allows mobile devices to be smaller and function better.
`52. For example, one such patented technology, U.S. Patent Number
`9,024,418 (“the ’418 patent”), uses improved design layouts to shorten the distance
`between circuits and improve performance. In the process, the circuitry becomes
`more condense while eliminating unnecessary additional structures.
`53. Apple heavily makes use of these improved local interconnect
`structures in their A10 processors found in their iPhones. Local interconnect layouts
`found in Qualcomm’s ’418 patent are widespread in Apple’s processors, allowing
`them to take advantage of these gains in performance and density without paying the
`inventors who developed such breakthroughs.
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`16 https://singjupost.com/apple-iphone-7-keynote-september-2016-launch-event-
`full-transcript/8/
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`COMMENT
`The Accused Devices
`54. As set forth below, a variety of Apple’s devices—including certain of
`Apple’s iPhones and iPads—practice one or more of the Patents-in-Suit.
`The Patents-in-Suit
`55. The following patents are infringed by Apple (“Patents-in-Suit”): U.S.
`Patent No. 8,971,861 (“the ’861 patent”), U.S. Patent No. 7,834,591 (“the ’591
`patent”), U.S. Patent No. 8,768,865 (“the ’865 patent”), U.S. Patent No. 8,229,043
`(“the ’043 patent), U.S