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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 invented many 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 invests in technologies developed by other companies
`and has acquired companies (and their patented technologies) 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. Without question, Qualcomm, not
`Apple, created the smartphone product category and Apple cannot rewrite history
`through slick marketing. 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 patented features enable and enhance popular features that drive
`consumer demand, for example, instinctive instant messaging responses, multi-
`purpose power buttons, cameras that automatically focus on a desired location,
`intuitive user interfaces for switching between applications, and interacting with
`displayed content using gestures, among many others.
`7.
`In contrast to Qualcomm’s lengthy history as a pioneer innovator of
`mobile technology, including the smartphone and technologies consumers demand
`
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`1 http://edition.cnn.com/1999/TECH/ptech/12/03/qualcomm.pdq/.
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`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. Indeed, Apple’s founder
`boasted that 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
`8.
`Qualcomm has invested millions of dollars in this technology and now
`owns much of the technology that Apple has been using without permission for
`years. Qualcomm, and the companies Qualcomm invested in, invented many core
`technologies that make the iPhone (and other smartphones and mobile devices)
`desirable to consumers in their daily lives.
`9.
`But rather than pay Qualcomm for the technology Apple uses, Apple
`has taken extraordinary measures to avoid paying Qualcomm for the fair value of
`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
`
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`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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`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 smartphoneslike 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.
`10. 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 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.
`11.
`In this suit, Qualcomm asserts a set of five 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. Several of these innovations were developed long
`before Apple sold its first iPhone which Apple freely borrowed from to make their
`products.
`12. Qualcomm repeatedly offered to license its patents to Apple. But
`Apple has repeatedly refused offers to license Qualcomm’s patents on reasonable
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`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.
`PARTIES
`13. 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.
`14. 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.
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`JURISDICTION AND VENUE
`15. 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).
`16. This Court has personal jurisdiction over Apple because it is organized
`and exists under the laws of California.
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`17. 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
`18. 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.
`19. 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.
`20. 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
`92 buildings (totaling over 6.5 million sq. ft.) in seventeen states and the District of
`Columbia.
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`21. 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.
`22.
`In addition to Qualcomm’s investments in research and development
`internally, Qualcomm has a rich history of investing in and acquiring technologies
`developed by other industry leaders. By purchasing companies and patents from
`companies who desire to sell their innovations, Qualcomm has fostered innovation
`by enabling those companies to realize a return on their research and development
`investments and, therefore, incentivizes additional research and development.
`Those investments have included, for example, the acquisition of patents related to
`user interface technology from mobile technology pioneer Palm and multi-gesture
`touchscreen technologies from TouchTable.
`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
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`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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`Palm Patents
`25. Qualcomm licenses its extensive portfolio of patents to others within
`the telecommunications and mobile device industry. Qualcomm also seeks out
`valuable additions to its patent portfolio. In January 2014, Qualcomm invested in a
`large portfolio of patents formerly held by Palm, an early smartphone and mobile
`operating system pioneer.
`26. Palm launched its iconic PalmPilot in 1996. The PalmPilot, a Personal
`Digital Assistant (“PDA”) that could be used with a stylus and shorthand alphabet,
`was a widespread success.
`27. As the capabilities of mobile devices advanced throughout the late
`1990s and 2000s, Palm developed mobile operating systems incorporating advanced
`functionality. For example, during the 2000s, mobile devices had become capable
`of running multiple applications simultaneously. Users of popular desktop
`computer operating systems, like Microsoft Windows or Mac OS, were accustomed
`to multitasking between multiple applications with ease. Multitasking on mobile
`devices, however, was more difficult at the time largely because the devices had
`small screens, which made navigating between different applications cumbersome.
`Palm had a solution to this multitasking problem. Palm developed user interface
`technology that allowed applications running simultaneously to be represented to a
`user as individual “cards” that could then be seamlessly navigated between by a
`user. More specifically, in the schema developed by Palm, mobile device users can
`view, interact with, manipulate, initiate, and dismiss multiple applications displayed
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`as cards. See U.S. Patent No. 8,683,362 (“the ’362 patent”). The figure below
`illustrates one such embodiment of Palm’s innovative multitasking user interface
`where each running application is represented by a card labeled A through E:
`
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`28. Palm debuted its innovative user interface technology in January 2009
`as part of its WebOS operating system. The mobile device industry has thus long
`known about Palm’s patented multitasking user interface as well as its technical
`superiority to other options, such as those on existing iOS devices. In a January
`2010 article discussing the yet-to-be-released iPad, Gizmodo noted that “Palm’s
`Web OS solves th[e] [multitasking-interface issue] elegantly,” and that Apple would
`need some other user interface to solve the problem on its devices.4 But rather than
`develop its own multitasking and switching technology, because Apple was a late
`entrant into the mobile device field and needed to improve its user interface, Apple
`copied Palm’s patented “card” schema starting with iOS 7 in 2013. And some in the
`industry knew it. A 2013 article in The Verge recognized that “Apple’s new
`multitasking menu” was an interface that “has its origins elsewhere” and that “[f]or
`anyone that’s used a Palm Pre . . . the ancestry of modern multitasking is
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`4 http://gizmodo.com/5452501/the-apple-tablet-interface-must-be-like-this.
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`clear. Palm’s highly innovative webOS introduced card-based multitasking to the
`world over four years ago, with horizontally scrolling preview panes that could be
`closed with a simple swipe away.”5 When Apple recently unveiled its iPhone X on
`September 12, 2017, an article in TechCrunch described the new multitasking
`interface as a “déjà vu” of the webOS running on the Palm Pre and that “in the
`iPhone X you’re looking at a little ghost of the Pre.”6 This is precisely the
`technology Apple adopted, and continues to adopt, without permission or license.
`29. Palm also was responsible for developing other valuable technology to
`improve the functionality of mobile devices and the user’s experience. For example,
`around 2007, Palm developed an innovative feature to allow a user to automatically
`focus (“autofocus”) a digital camera by touching a location on a touchscreen display
`coupled to the camera, embodied in U.S. Patent No. 8,497,928 (“the ’928 patent”).
`Palm’s invention in the ’928 patent allows a mobile device user to use a touchscreen
`to select a new focal point on a displayed image using one type of input (such as a
`tap or a press), causing the device’s camera to refocus to that point and adjust the
`flash intensity accordingly. The user can then capture the displayed image though
`another type of input on the touchscreen, such as a different tap or press on the
`screen. Palm’s innovations in using a touchscreen to control autofocus and flash
`functions have made taking high-quality photos on mobile devices far easier. And
`again, Apple has adopted this technology without permission or license.
`30. Palm also developed a multi-use power button function on a mobile
`device that offers control of both the computing and telephony functions of a device,
`embodied in U.S. Patent No. 9,203,940 (“the ’940 patent”). Palm’s development in
`the ’940 patent allows a mobile device user to use a single power button to control
`
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`5 http://www.theverge.com/2013/6/11/4418188/apple-ios-7-design-influences.
`6 https://techcrunch.com/2017/09/13/the-iphone-x-reveals-why-tim-cook-was-so-
`mad-about-palm/?ncid=rss
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`multiple functions of a mobile device such as silencing a ring and also turn on the
`backlight of the display. Palm’s innovation has simplified the operation of mobile
`devices by minimizing physical buttons, freeing up more space for the touch screen,
`and allowing the mobile device to become smaller. Apple used this technology as
`early as their iPhone 4 without permission or license.
`31. Moreover, in 2005, Palm invented the ability to respond to an incoming
`phone call with a text message instead of, e.g., answering the call, declining the call,
`or sending the call directly to voicemail. That technology is protected by patent
`U.S. Patent No. 7,844,037 (“the ’037 patent”). And, like other Palm inventions,
`Apple uses the ’037 patent without permission. For example, when an incoming
`call is received by an iPhone, the iPhone displays to a user the option to accept or
`decline the incoming call. The display also presents a messaging option, whereby a
`user can choose to text the caller, and a user eithers selects a stock message (e.g.,
`“Can I call you later?”) or can customize a message to be sent to the caller.
`32. All of these Palm inventions—owned by Qualcomm—have vastly
`improved the functionality of mobile devices and the user experience, and all of
`them are widely found in Apple products without license or permission.
`TouchTable Patents
`33.
`In June 2013, Qualcomm invested in a portfolio of patents formerly
`held by TouchTable Inc., a business unit of the multidisciplinary innovation firm
`Applied Minds. Applied Minds was founded in 2000 by technology visionaries Dr.
`Daniel Hillis and Bran Ferren. Hillis, a pioneer in parallel supercomputing, and
`Ferren, an Academy Award-winning visual-effects expert, met while working at
`Walt Disney’s acclaimed “Imagineering” division. The two eventually left Disney
`in 2000 to form Applied Minds, which was self-described as “the little Big Idea
`company.”
`34. One of Hillis’ and Ferren’s numerous inventions is the “TouchTable.”
`The TouchTable, resembling a table with a touch-sensitive display in place of the
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`table’s surface, was designed to be manipulated by a user’s touch rather than a
`mouse, keyboard, or other input device. For example, the TouchTable can be used
`to display maps—similar to a large paper map spread out on a table, but one that
`allows for methods of user interactions that would be impossible for a static map.
`35. Because the TouchTable was designed to allow multiple users to work
`collaboratively and without the need for an extrinsic input device, Hillis and Ferren
`developed touch gestures that users could use to interact directly with the display.
`The gestures needed to be complex enough to allow users to manipulate the display
`in ways that provide sufficient control while still being intuitive enough to minimize
`the learning curve.
`36. Hillis and Ferren developed a device that understood a set of gestures
`to fulfill this need. In the map example, the touch gestures developed by Hillis and
`Ferren allow a user to pan around a map simply by dragging a finger across the
`display, or to zoom into or out of the map by dragging fingers apart or together,
`respectively. This multi-touch technology is protected by U.S. Patent No. 8,665,239
`(“the ’239 patent”) and is used by Apple without permission or license.
`The Accused Devices
`37. 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
`38. The following patents are infringed by Apple (“Patents-in-Suit”): U.S.
`Patent No. 8,683,362 (“the ’362 patent”), U.S. Patent No. 8,497,928 (“the ’928
`patent”), U.S. Patent No. 8,665,239 (“the ’239 patent”), U.S. Patent 9,203,940 (the
`’940 patent), and U.S. Patent No. 7,844,037 (“the ’037 patent”).
`39. As described below, Apple has been and is still infringing, contributing
`to infringement, and/or inducing others to infringe the Patents-in-Suit by making,
`using, offering for sale, selling, or importing devices that practice the Patents-in-
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`Suit. Apple’s acts of infringement have occurred within this District and elsewhere
`throughout the United States.
`U.S. Patent No. 8,683,362
`40. The ’362 patent was duly and legally issued on March 25, 2014 to
`Qualcomm, which is the owner of the ’362 patent and has the full and exclusive
`right to bring actions and recover damages for Apple’s infringement of the ‘362
`patent. The ’362 patent is valid and enforceable. A copy of the ‘362 patent is
`attached hereto as Exhibit A.
`41. The ’362 patent relates to a multitasking user interface to display
`different, concurrently running applications as “cards” and allow a user to take
`various actions on the “cards,” such as moving right or left to maneuver between
`applications. ’362 patent at Abstract; 9:65-10:13. In addition, applications can be
`dismissed (i.e., “closed”) by moving or dragging a corresponding card in an
`upwards direction via a touchscreen display. Id. at 12:11-20.
`U.S. Patent No. 8,497,928
`42. The ’928 patent was duly and legally issued on July 31, 2007, and
`Qualcomm is the current owner of the ’928 patent and has the full and exclusive
`right to bring action and recover damages for Apple’s infringement of the ’928
`patent. The ’928 patent is valid and enforceable. A copy of the ‘928 patent is
`attached hereto as Exhibit B.
`43. The ’928 patent relates to focusing a digital camera using a touchscreen
`display. For example, a user may select an area on a touchscreen display where a
`focal point is desired, and the coordinates of that area may then be used to adjust the
`focal point. ’928 patent at 9:8-21. Also, depending on the light condition associated
`with the new focal point, the flash intensity may be adjusted. Id. at 10:19-22.
`U.S. Patent No. 8,665,239
`44. The ’239 patent was duly and legally issued on March 4, 2014, and
`Qualcomm is the current owner of the ’239 patent and has the full and exclusive
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`right to bring action and recover damages for Apple’s infringement of the ’239
`patent. The ’239 patent is valid and enforceable. A copy of the ’239 patent is
`attached hereto as Exhibit C.
`45. The ’239 patent relates to a computing device with a touch-sensitive
`display that recognizes certain permitted gestures performed by the user on the
`displayed subject matter. ’239 patent at 2:13-28; 3:10-26. In response to a
`recognized gesture performed on the display, the device will perform a pre-
`determined operation on the displayed imagery such that the user can manipulate
`that imagery. Id. at 3:10-38. The degree of the operation performed in response to
`the gesture can depend on the magnitude of the gesture. Id. Pre-set gestures
`involving multiple touches, or touches of varying force, speed, length, or intensity,
`are disclosed as well. Id. at 3:10-14; 6:60-65. The recognition of a gesture by the
`device, or a modification caused by a gesture, or both, depend on the magnitude of
`at least one of the user’s touches. Id. at 6:60-65.
`U.S. Patent No. 9,203,940
`46. The ’940 patent was duly and legally issued on December 1, 2015 to
`Qualcomm, which is the owner of the ’940 patent and has the full and exclusive
`right to bring action and recover damages for Apple’s infringement of the ’940
`patent. The ’940 patent is valid and enforceable. A copy of the ’940 patent is
`attached hereto as Exhibit D.
`47. The ’940 patent relates to the features of the power button on a mobile
`device. The claims disclose the ability to use a power button to control both the
`computing and telephony functions of the device, such that the single power button
`can silence a ring and also turn on the backlight of the display. ’940 patent at 1:59-
`62.
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`U.S. Patent No. 7,844,037
`48. The ’037 patent was duly and legally issued on November 30, 2010 to
`Qualcomm, which is the owner of the ’037 patent and has the full and exclusive
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