Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.1 Page 1 of 31
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Sean Pak (SBN 219032)
`seanpak@quinnemanuel.com
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`Telephone: (415) 875-6320
`Facsimile: (415) 875-6700
`
`Thomas D. Pease (pro hac vice forthcoming)
`(N.Y. Bar No. 2671741)
`thomaspease@quinnemanuel.com
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, New York 10010
`Telephone: (212) 849-7000
`Facsimile: (212) 849-7100
`
`
`Attorneys for Plaintiff
`TACTION TECHNOLOGY, INC.
`
`
`
`TACTION TECHNOLOGY, INC.,
`
`
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`
` Case No. _____________________
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`
`vs.
`
`
`APPLE INC.,
`
`
`Defendant
`
`
`
`
`
`
`
`COMPLAINT
`
`
`
`
`
`
`
`'21
`
`CV812
`
`MSB
`
`GPC
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.2 Page 2 of 31
`
`
`
`1
`
`Plaintiff Taction Technology, Inc. (“Taction”) asserts the following claims for
`
`2
`
`patent infringement against Defendant Apple Inc. (“Apple”), and alleges as follows.
`
`3
`
`4
`
`INTRODUCTION
`
`1.
`
`Taction is a technology innovator specializing in enhanced haptics for
`
`5
`
`electronic devices.
`
`6
`
`2.
`
`“Haptics” refers to the science of enabling interaction with technology
`
`7
`
`through the sense of touch. Haptic feedback in electronic devices such as
`
`8
`
`smartphones, smartwatches, virtual reality/game controllers, and headphones provides
`
`9
`
`important sensory information to users. In many such devices, haptic feedback allows
`
`10
`
`users to feel the device responding to their input, and to receive tactile accompaniment
`
`11
`
`to music, dialogue, or actions occurring on a screen.
`
`12
`
`3.
`
`Haptic devices can also provide alerts and other information to users,
`
`13
`
`from simple buzzing when a smart phone is “ringing” in silent mode to more complex
`
`14
`
`signals used to indicate specific responses to inputs. Haptic feedback in these types of
`
`15
`
`devices is created by electromechanical actuators—small motors enclosed in a housing
`
`16
`
`or frame. A mass inside a haptic actuator vibrates in response to electric signals.
`
`17
`
`High-fidelity actuators can generate different haptic sensations based on different input
`
`18
`
`signals, from short, sharp taps to low-frequency rumbles.
`
`19
`
`4.
`
`A problem with traditional low-fidelity haptic actuators is their limited
`
`20
`
`ability to faithfully reproduce a variety of input signals. Haptic actuators tend to have
`
`21
`
`resonant frequencies at which the movement and vibration of the mass is accentuated.
`
`22
`
`For example, a resonating mass can be slow to begin producing noticeable vibration
`
`23
`
`when a signal is initiated, and can continue vibrating even after the signal is removed.
`
`24
`
`5.
`
`Traditional haptic actuators can also produce attenuated vibrations when
`
`25
`
`the input signal is different from the resonant frequency of the actuator. These effects
`
`26
`
`can contribute to distortion of the input signal and the production of a tactile vibration
`
`27
`
`that may differ significantly from the original signal. Thus, traditional low-fidelity
`
`28
`
`
`
`
`COMPLAINT
`
`
`
`
`
`-1-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.3 Page 3 of 31
`
`
`
`1
`
`haptic actuators may not be capable of producing more than a relatively small number
`
`2
`
`of different output signals.
`
`3
`
`6.
`
`Taction’s patented inventions are directed to ways to more accurately
`
`4
`
`reproduce a wider range of signals with a haptic actuator. Taction’s approach can
`
`5
`
`employ specific configurations of flexures, coils, magnets, and magnetic ferrofluid to
`
`6
`
`act on the moving mass to lessen, or “damp,” undesired vibrations while also allowing
`
`7
`
`the actuator to be operated efficiently.
`
`8
`
`7.
`
`Taction’s techniques can reduce the “Q-factor”—a damping metric—of a
`
`9
`
`haptic actuator. This leads to tactile feedback that can more accurately reproduce
`
`10
`
`complex input signals, and that can reproduce different input frequencies more
`
`11
`
`precisely. Taction’s technology directly improves the overall user experience of a
`
`12
`
`device by enabling better haptic feedback.
`
`13
`
`14
`
`8.
`
`9.
`
`Accurate haptic feedback is important to Apple.
`
`Apple has included the specially-branded “Taptic Engine” in multiple
`
`15
`
`models of the iPhone and Apple Watch to provide haptic effects.
`
`16
`
`10. Since introducing the specially-branded “Taptic Engine” haptic actuator
`
`17
`
`in the iPhone and Apple Watch, Apple has updated the hardware design numerous
`
`18
`
`times.
`
`19
`
`11. These updates to the Apple Taptic Engine hardware design reflect an
`
`20
`
`effort to improve haptic performance in Apple’s devices.
`
`21
`
`12. The initial Taptic Engines in the original Apple Watch and iPhone 6S
`
`22
`
`were not damped using ferrofluid.
`
`23
`
`24
`
`13. More recent Taptic Engines are damped using magnetic ferrofluid.
`
`14. Similarly, the initial Taptic Engines in the original Apple Watch and
`
`25
`
`iPhone 6S used coil springs to provide controlled resistance to motion and a central
`
`26
`
`locating rod to locate the moving mass.
`
`27
`
`15. More recent Taptic Engines use a plurality of flexures to both locate the
`
`28
`
`mass and to provide controlled resistance to motion.
`
`
`
`
`
`
`COMPLAINT
`
`
`
`-2-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.4 Page 4 of 31
`
`
`
`1
`
`16. Apple has also developed several software systems and APIs (libraries)
`
`2
`
`for haptic feedback, such as “Core Haptics.”
`
`3
`
`17. Those APIs rely upon the enhanced capabilities of Apple’s updated Taptic
`
`4
`
`Engines.
`
`5
`
`18. Apple advertises and touts the fidelity of the tactile sensations produced
`
`6
`
`by its iPhones and Apple Watches.
`
`7
`
`19. Apple’s use of haptics in its iPhones has allowed it to remove the home
`
`8
`
`button and thereby maximize screen real estate.
`
`9
`
`20. Apple’s use of world-class haptics in its iPhones and Apple Watches has
`
`10
`
`helped it distinguish those products from those of its competitors.
`
`11
`
`21. Apple is capitalizing on Taction’s innovation and success by selling
`
`12
`
`devices that infringe Taction’s patents. Apple is utilizing Taction’s patented inventions
`
`13
`
`without license or authority from Taction. Taction has brought this action to remedy
`
`14
`
`Apple’s infringement.
`
`15
`
`16
`
`NATURE OF THE ACTION
`
`22. This is a civil action for infringement under the patent laws of the United
`
`17
`
`States of America, 35 U.S.C. § 1 et seq.
`
`18
`
`23. Taction is the owner of all rights, title, and interest in U.S. Patent Nos.
`
`19
`
`10,659,885 and 10,820,117 (collectively, the “Asserted Patents”).
`
`20
`
`24. Apple has infringed and continues to infringe, directly and indirectly, one
`
`21
`
`or more claims of Taction’s Asserted Patents by making, using, selling, and offering to
`
`22
`
`sell in the United States, including in this District, the Apple Watch Series 3, Apple
`
`23
`
`Watch Series 4, Apple Watch Series 5, Apple Watch Series 6, Apple Watch SE, Apple
`
`24
`
`Watch Nike, iPhone 8, iPhone 8 Plus, iPhone X, iPhone XR, iPhone XS, iPhone XS
`
`25
`
`Max, iPhone 11, iPhone 11 Pro, iPhone 11 Pro Max, iPhone 12, iPhone 12 Mini,
`
`26
`
`iPhone 12 Pro, iPhone 12 Pro Max, and 2020 iPhone SE (the “Accused Products”).
`
`27
`
`25. This list of Accused Products is non-limiting and based on information
`
`28
`
`currently available to Taction.
`
`
`
`
`
`
`COMPLAINT
`
`
`
`-3-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.5 Page 5 of 31
`
`
`
`1
`
`26. Taction reserves the right to modify the list of Accused Products,
`
`2
`
`including as new iPhones or Apple Watches are released during the pendency of this
`
`3
`
`case.
`
`4
`
`5
`
`6
`
`27. Taction seeks injunctive relief and monetary damages.
`
`THE PARTIES
`
`28. Taction is a Delaware corporation with its principal place of business at
`
`7
`
`9431 Dowdy Drive, San Diego, California, and the legal owner by assignment of the
`
`8
`
`Asserted Patents, which were duly and legally issued by the United States Patent and
`
`9
`
`Trademark Office.
`
`10
`
`29. Apple is a California corporation, with its principal place of business at 1
`
`11
`
`Apple Park Way, Cupertino, California.
`
`12
`
`30. Apple designs, manufactures, and sells throughout the world a wide range
`
`13
`
`of products, including mobile devices that incorporate Taction’s patented technologies.
`
`14
`
`31. Apple maintains offices in San Diego, and markets, offers, and distributes
`
`15
`
`iPhones and Apple Watches throughout the United States, including in this District.
`
`16
`
`32. Apple directly and indirectly develops, designs, manufactures, distributes,
`
`17
`
`markets, offers to sell, and sells infringing products and services in the United States,
`
`18
`
`including in this District, and otherwise purposefully directs infringing activities to this
`
`19
`
`District in connection with the Accused Products.
`
`20
`
`21
`
`JURISDICTION AND VENUE
`
`33. This is a civil action for patent infringement arising under the patent laws
`
`22
`
`of the United States, 35 U.S.C. § 1 et seq.
`
`23
`
`34. This Court has subject matter jurisdiction over the matters asserted in this
`
`24
`
`Complaint under 28 U.S.C. §§ 1331 and 1338(a) and 35 U.S.C. §§ 271 et seq.
`
`25
`
`35. This Court has personal jurisdiction over Apple because Apple is
`
`26
`
`organized and exists under the laws of California.
`
`27
`
`36. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c)
`
`28
`
`and 28 U.S.C. § 1400(b).
`
`
`
`
`
`
`COMPLAINT
`
`
`
`-4-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.6 Page 6 of 31
`
`
`
`1
`
`37. Venue is appropriate under 28 U.S.C. 1400(b) at least because Apple is
`
`2
`
`incorporated in California and because Apple has committed acts of infringement and
`
`3
`
`has a regular and established place of business in this district.
`
`4
`
`38. Apple’s acts of infringement in this district include but are not limited to
`
`5
`
`sales of the Accused Products at Apple Store locations in this district, including but not
`
`6
`
`limited to 7007 Friars Road, San Diego, CA 92108 and 4505 La Jolla Village Drive,
`
`7
`
`San Diego, CA 92122.
`
`8
`
`9
`
`10
`
`39. Apple’s Apple Stores in San Diego County alone employ at least 600
`
`people.1
`
`40.
`
`In addition to the Apple Stores, Apple has a regular and established place
`
`11
`
`of business in University City, San Diego, including a “100,000 square-foot
`
`12
`
`research/office building” and a second 204,000 square-foot building.2
`
`13
`
`41. Apple has publicly announced that its location in University City is a
`
`14
`
`“principal engineering hub” and that it expects to hire 1,200 people over three years.3
`
`15
`
`42. Apple has stated that it would need “hundreds of thousands of square
`
`16
`
`feet” of real estate in San Diego to accommodate its growing team in the area.4
`
`17
`
`43. Since 2019, Apple has been the employer of at least 127 recipients of H-
`
`18
`
`1B visas who work and reside in San Diego.5
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`1 https://www.sandiegouniontribune.com/business/technology/sd-fi-apple-
`
`hiring-san-diego-20190306-story.html
`
`2 https://www.sandiegouniontribune.com/business/technology/story/2019-11-
`
`13/apple-inks-deal-for-second-utc-building-as-part-of-san-diego-expansoin
`
`3 https://www.sandiegouniontribune.com/business/technology/sd-fi-apple-
`
`hiring-san-diego-20190306-story.html
`
`4 https://www.pacificcoastcommercial.com/post/apple-leases-full-building-in-
`
`expansion-in-san-diego-high-tech-hub
`
`
`COMPLAINT
`
`
`
`-5-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.7 Page 7 of 31
`
`
`
`1
`
`2
`
`44. Apple is currently advertising approximately 278 jobs in San Diego.6
`
`45. Apple’s open job listings in San Diego include at least a Haptics
`
`3
`
`Firmware Engineer who will “develop Taptic Engine firmware for next-generation
`
`4
`
`Apple products, including iPhone, Apple Watch, and Mac” and will “join a tightly-
`
`5
`
`integrated team of hardworking engineers to deliver world-class haptic experiences
`
`6
`
`7
`
`that will be enjoyed by millions of customers.”7
`
`46. Apple’s open job listings in San Diego also include at least a Haptics
`
`8
`
`Quality Engineer who will “test and validate Apple’s Taptic Engine firmware,
`
`9
`
`software and algorithms for next generation haptic devices including iPhone [and]
`
`10
`
`Watch.”8
`
`11
`
`47.
`
`In February 2021, Apple advertised an open job listing in San Diego for a
`
`12
`
`Haptics Product Design Engineer, part of “[t]he Haptic Engineering team [that]
`
`13
`
`develops state of the art haptic solutions that are central to Apple’s products, including
`
`14
`
`the iPhone and Apple Watch,” and who will “lead the design, development, and
`
`15
`
`validation of next-generation haptic actuators and experiences” and “will have end-to-
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`5 H1B Salary Database,
`
`https://h1bdata.info/index.php?em=APPLE+INC&job=&city=SAN+DIEGO&year=
`
`All+Years
`
`6 https://jobs.apple.com/en-us/search?location=san-diego-SDO
`
`7 Exhibit C, https://jobs.apple.com/en-us/details/200220549/hid-haptics-
`
`firmware-engineer?team=HRDWR (last visited Feb. 26, 2021)
`
`8 Exhibit D, https://jobs.apple.com/en-us/details/200201277/hid-haptics-quality-
`engineer?team=HRDWR (las visited Apr. 19, 2021)
`
`
`COMPLAINT
`
`
`
`-6-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.8 Page 8 of 31
`
`
`
`1
`
`end responsibility for the mechanical design and integration of haptic actuators from
`
`2
`
`3
`
`4
`
`concept to production.”9
`
`TACTION’S INVENTIONS AND PRODUCTS
`
`48. Dr. S. James Biggs, the inventor of the Asserted Patents, earned his Ph.D.
`
`5
`
`in Bioengineering from the University of Utah and worked early in his career at the
`
`6
`
`MIT Touch Lab.
`
`7
`
`49. Dr. Biggs’ research at the MIT Touch Lab focused on the effect of
`
`8
`
`different types of vibrations on human skin, including the differences between axial
`
`9
`
`vibrations (perpendicular to the skin) and shear vibrations (parallel to the skin).
`
`10
`
`50. Over the course of his career, Dr. Biggs has explored new types of haptic
`
`11
`
`actuators that could produce shear vibrations that accurately reproduced a wider range
`
`12
`
`of frequencies, including bass frequencies lower than 200 Hz.
`
`13
`
`51. As a result of his research, development, and engineering, Dr. Biggs
`
`14
`
`developed an improved haptic actuator, the Taction Transporter®, that incorporates
`
`15
`
`specific configurations of flexures, coils, magnets, and a magnetic ferrofluid to damp
`
`16
`
`undesired vibrations while also allowing the actuator to be operated efficiently.
`
`17
`
`52. The Taction Transporter is able to produce relatively uniform output
`
`18
`
`across a wider range of input frequencies than previous haptic actuators.
`
`19
`
`53. One application for the Taction Transporter is to provide an enhanced
`
`20
`
`bass response for personal audio applications.
`
`21
`
`54. Taction successfully Kickstarted its own brand of haptic-enhanced
`
`22
`
`headphones, the Taction Kannon.10
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`9 Exhibit E, https://sandiego.jobd.org/view/259155.html (last visited Feb. 26,
`
`2021) (originally posted at https://jobs.apple.com/en-us/details/200219890/haptics-
`
`product-design-engineer?team=HRDWR)
`
`10 https://www.kickstarter.com/projects/2053327139/kannon-headphones-
`
`accurate-bass-you-can-feel
`
`
`COMPLAINT
`
`
`
`-7-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.9 Page 9 of 31
`
`
`
`1
`
`55. Each earcup in the Taction Kannon contained a traditional acoustic
`
`2
`
`speaker driver as well as a planar haptic actuator.
`
`3
`
`56. The Taction Kannon produced shear vibrations, parallel to the side of the
`
`4
`
`user’s head.
`
`5
`
`57. This was an improvement over older designs that moved axially, or
`
`6
`
`perpendicular to the user’s head.
`
`7
`
`58. Compared to earlier devices, the Taction Kannon left the volume of air
`
`8
`
`within the earcup relatively unchanged, preserving the fidelity of the audio coming
`
`9
`
`from the traditional speaker driver.
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`59. Taction has received widespread acclaim for the Taction Kannon and the
`
`24
`
`Taction Transporter.
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`60. One reviewer noted that “[i]t took about half a second for a wide grin to
`
`spread across my face when I first put the Taction Kannons on. It’s not a generic
`
`shaking sensation as soon as bass notes hit, it’s a masterfully accurate vibration that
`
`
`COMPLAINT
`
`
`
`-8-
`
`
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.10 Page 10 of 31
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`mirrors what you would feel in the real world were such a note played.”11
`
`61. HiFi+ wrote that the Taction Kannon “artfully combines a traditional
`
`dynamic driver with a well crafted, proprietary Taction haptic driver.”12
`
`62. Taction has licensed its patented haptics technology.
`
`63. For example, Taction’s technology powers the Corsair HS60 Haptic
`
`headphones, named the “most immersive gaming headset” of 2020.13
`
`64. Product review website The Gamer declared that the HS60 Haptic was
`
`8
`
`“no gimmick” and that they “add a new sensory layer to any game and have the power
`
`9
`
`to turn a mundane experience into a thrilling one.”14
`
`10
`
`65. TechPowerUp’s reviewer commented that “it truly manages to achieve
`
`11
`
`what it set out to” and that “[t]he haptic system feels incredibly responsive and on
`
`12
`
`point.”15
`
`13
`
`14
`
`TACTION’S PATENTS
`
`66. Taction applied for and has been granted numerous United States patents
`
`15
`
`since the company’s inception. Two of those patents are at issue in this case.
`
`16
`
`67. U.S. Patent No. 10,659,885 (the “’885 patent”) is entitled “Systems and
`
`17
`
`Methods for Generating Damped Electromagnetically Actuated Planar Motion for
`
`18
`
`Audio-Frequency Vibrations” and issued on May 19, 2020. A true and correct copy of
`
`19
`
`the ’885 patent is attached as Exhibit A to this Complaint.
`
`20
`
`68. Taction is the owner of all rights, title, and interest in and to the ’885
`
`21
`
`patent, with the full and exclusive right to file suit to enforce the ’885 patent, including
`
`22
`
`the right to recover for past infringement.
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`11 http://www.basshead.club/taction-kannon-prototype-review/
`
`12 http://www.hifiplus.com/articles/canjam-socal-2016-report-part-4/?page=3
`
`13 https://www.pcgamesn.com/best-gaming-headset
`
`14 https://www.thegamer.com/corsair-hs60-haptic-headphone-review/
`
`15 https://www.techpowerup.com/review/corsair-hs60-haptic/4.html
`
`
`COMPLAINT
`
`
`
`-9-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.11 Page 11 of 31
`
`
`
`1
`
`2
`
`69. The ’885 patent is valid and enforceable under United States patent laws.
`
`70. The ’885 patent claims are directed to a patent-eligible, non-abstract idea.
`
`3
`
`They address, among other things, a specific improvement to the way electronic
`
`4
`
`devices operate, including specific claimed materials, structures, and configurations of
`
`5
`
`a haptic apparatus that provides enhanced haptic sensations to an end-user.
`
`6
`
`71. U.S. Patent No. 10,820,117 (the “’117 patent”) is entitled “Systems and
`
`7
`
`Methods for Generating Damped Electromagnetically Actuated Planar Motion for
`
`8
`
`Audio-Frequency Vibrations” and issued on October 27, 2020. A true and correct
`
`9
`
`copy of the ’117 patent is attached as Exhibit B to this Complaint.
`
`10
`
`72. Taction is the owner of all rights, title, and interest in and to the ’117
`
`11
`
`patent, with the full and exclusive right to bring suit to enforce the ’117 patent,
`
`12
`
`including the right to recover for past infringement.
`
`13
`
`14
`
`73. The ’117 patent is valid and enforceable under United States patent laws.
`
`74. The ’117 patent claims are directed to a patent-eligible, non-abstract idea.
`
`15
`
`They address, among other things, a specific improvement to the way electronic
`
`16
`
`devices operate, including specific claimed materials, structures, and configurations of
`
`17
`
`a haptic apparatus that provides enhanced haptic sensations to an end-user.
`
`18
`
`19
`
`20
`
`21
`
`APPLE’S USE OF TACTION’S PATENTS
`
`75. Haptics are important to Apple.
`
`76. Apple offers state-of-the-art haptics solutions.
`
`77. Apple’s haptics solutions are central in shaping the experience of using
`
`22
`
`many of Apple products.
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`COMPLAINT
`
`
`
`-10-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.12 Page 12 of 31
`
`
`
`1
`
`78. For example, a recent job posting by Apple for its San Diego facility
`
`2
`
`stated that “state of the art haptic solutions . . . are central in shaping the experience of
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`using Apple products.”16
`
`79. Apple’s Human Interface Guidelines also emphasize the importance of
`
`haptics to Apple products:17
`
`Haptics
`
`Haptics engage people's sense of touch to enhance the experience of interacting with
`onscreen interfaces. For example, when an Apple Pay t ransaction is confirmed, t he system
`plays haptics in addition to providing visual and auditory feedback. Haptics can also
`enhance touch gestures and interactions like scrolling through a picker or toggling a swit ch.
`
`Haptics
`
`Haptics are a great way to get people's attention and to convey important information. In
`addition to syst em haptics, Apple Watch Series 4 and later provides haptic feedback for
`interactions with the Digital Crown; fo r guidance, see Digital Crown.
`
`80. Apple products including the iPhone and the Apple Watch have
`
`
`
`
`
`16
`
`implemented increasingly sophisticated haptics technology over time.
`
`17
`
`81. Since the release of the first Apple Watch in 2015, Apple has included a
`
`18
`
`customized haptic actuator, called the “Taptic Engine,” in many of its devices:18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`16 Exhibit D, https://sandiego.jobd.org/view/259155.html (last visited Feb. 26,
`
`2021) (originally posted at https://jobs.apple.com/en-us/details/200219890/haptics-
`
`product-design-engineer?team=HRDWR)
`
`17 https://developer.apple.com/design/human-interface-guidelines/ios/user-
`
`interaction/haptics/; https://developer.apple.com/design/human-interface-
`
`guidelines/watchos/interaction/haptics/
`
`18 https://web.archive.org/web/20150911022920/http://www.apple.com/
`
`watch/watch-reimagined/
`
`
`COMPLAINT
`
`
`
`-11-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.13 Page 13 of 31
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`Taptic Engine.
`Technology with a
`more human touch.
`
`This linear actuator inside Apple Watch taps
`you on the wrist when you receive
`a notification, press down on the display, or
`use Digital Touch. The Taptic Engine gives
`different kinds of notifications and actions
`their own distinct character. So even with
`the accompanying audio cues turned off,
`you can feel the difference between an
`alarm and an incoming phone call without
`even looking.
`
`
`
`82. The Taptic Engines in Apple’s devices have been redesigned several
`
`16
`
`times to improve their haptic performance.
`
`17
`
`83.
`
`In particular, since late 2016 Taptic Engines have employed ferrofluid to
`
`18
`
`damp vibrations of the moving mass.
`
`19
`
`84. Similarly, since late 2016 Taptic Engines have included in-plane flexures
`
`20
`
`to locate and suspend the moving mass.
`
`21
`
`85.
`
`In 2019, Apple continued to expand its haptics functionality, introducing
`
`22
`
`the Core Haptics library.
`
`23
`
`86. With the Core Haptics library, app developers can “engage users
`
`24
`
`physically, with tactile and audio feedback that gets attention and reinforces actions.”19
`
`25
`
`87. Among other things, the Core Haptics library includes functionality that
`
`26
`
`allows for precise synchronization of haptic sensations to audio tracks.20
`
`27
`
`28
`
`
`
`
`
`
`19 https://developer.apple.com/documentation/corehaptics
`
`
`COMPLAINT
`
`
`
`-12-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.14 Page 14 of 31
`
`
`
`1
`
`88. Using ferrofluids to damp unwanted vibrations in the Taptic Engine
`
`2
`
`allows the Taptic Engine to more accurately produce desired haptic vibrations.
`
`3
`
`4
`
`5
`
`89. More accurately producing desired haptic vibrations improves the overall
`
`user experience of the Accused Products.21
`
`90. More accurately producing desired haptic vibrations enables other
`
`6
`
`hardware aspects of the Accused Products to change in ways that improve their overall
`
`7
`
`user experience.
`
`8
`
`91. For example, more accurately producing desired haptic vibrations allowed
`
`9
`
`Apple to remove the physical home button from most current iPhones and to expand
`
`10
`
`the size of the screen to almost the entire front surface of the device.
`
`11
`
`12
`
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 10,659,885
`
`92. Taction incorporates by reference and re-alleges all of the foregoing
`
`13
`
`paragraphs of this Complaint as if fully set forth herein.
`
`14
`
`93. Apple has directly infringed, continues to infringe, and has induced or
`
`15
`
`contributed to the infringement of the ’885 patent by making, using, selling, and
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`20 https://developer.apple.com/videos/play/wwdc2019/520/ (“Core Haptics lets
`
`you design fully customized haptic patterns with synchronized audio. See examples
`
`of how haptics and audio enables you to create a greater sense of immersion in your
`
`app or game.”); https://developer.apple.com/videos/play/wwdc2019/223/ (“Discover
`
`how to combine visuals, audio and haptics, using the Taptic Engine, to add a new
`
`level of realism and improve feedback in your app or game.”).
`
`21 E.g., https://developer.apple.com/design/human-interface-guidelines/ios/user-
`
`interaction/haptics/ (“Impact haptics provide a physical metaphor you can use to
`
`complement a visual experience. For example, people might feel a tap when a view
`
`snaps into place or a thud when two heavy objects collide.”). https://developer.
`
`apple.com/documentation/corehaptics (“Use haptics to engage users physically, with
`
`tactile and audio feedback that gets attention and reinforces actions.”).
`
`
`COMPLAINT
`
`
`
`-13-
`
`
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.15 Page 15 of 31
`
`
`
`1
`
`offering for sale, without authority or license the Accused Products in violation of 35
`
`2
`
`U.S.C. § 271(a).
`
`3
`
`94. The Accused Products are non-limiting examples that were identified
`
`4
`
`based on publicly available information, and Taction reserves the right to identify
`
`5
`
`additional infringing activities, products, and services, including, for example, on the
`
`6
`
`basis of information obtained during discovery.
`
`7
`
`95. By way of example only, the Accused Products meet all the limitations of
`
`8
`
`at least claim 1 of the ’885 patent, which recites: An apparatus for imparting motion to
`
`9
`
`the skin of a user, the apparatus comprising: a housing; a plurality of coils capable of
`
`10
`
`carrying electrical current; a plurality of magnets arranged in operative proximity to
`
`11
`
`the plurality of coils; a moving portion comprising an inertial mass and the plurality of
`
`12
`
`magnets; a suspension comprising a plurality of flexures that guides the moving
`
`13
`
`portion in a planar motion with respect to the housing and the plurality of conductive
`
`14
`
`coils; wherein movement of the moving portion is damped by a ferrofluid in physical
`
`15
`
`contact with at least the moving portion; and wherein the ferrofluid reduces at least a
`
`16
`
`mechanical resonance within the frequency range of 40-200 Hz in response to
`
`17
`
`electrical signals applied to the plurality of conductive coils.
`
`18
`
`96. The Accused Products are, or contain, an apparatus for imparting motion
`
`19
`
`to the skin of a user.
`
`20
`
`97. The Accused Products include Taptic Engine haptic actuators that employ
`
`21
`
`ferrofluid damping.
`
`22
`
`98. The Taptic Engines use a moving mass that causes the Taptic Engines to
`
`23
`
`vibrate.
`
`24
`
`99. The vibration of the Taptic Engines is transferred to the housing of an
`
`25
`
`iPhone or Apple Watch, which then imparts motion to the skin of a user in contact
`
`26
`
`with the device.
`
`27
`
`28
`
`
`
`
`
`100. The Accused Products contain a Taptic Engine that includes a housing.
`
`101. One example in the 2020 iPhone SE is shown below:
`
`
`COMPLAINT
`
`
`
`-14-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.16 Page 16 of 31
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`102. The Taptic Engines in the Accused Products contain a plurality of coils
`
`
`
`capable of carrying electrical current.
`
`103. One example in the 2020 iPhone SE is shown below:
`
`
`104. The Taptic Engines in the Accused Products contain a plurality of
`
`magnets arranged in operative proximity to the plurality of coils.
`
`105. One example in the 2020 iPhone SE is shown below:
`
`
`COMPLAINT
`
`
`
`-15-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.17 Page 17 of 31
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`106. The Taptic Engines in the Accused Products contain a moving portion
`
`comprising an inertial mass including tungsten inserts and a plurality of magnets.
`
`107. One example in the 2020 iPhone SE is shown below:
`
`
`
`
`
`
`COMPLAINT
`
`
`
`-16-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.18 Page 18 of 31
`
`
`
`1
`
`108. The Taptic Engines in the Accused Products contain a suspension
`
`2
`
`comprising a plurality of flexures that guides the moving portion in a planar motion
`
`3
`
`with respect to the housing and the plurality of conductive coils.
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`109. One example in the 2020 iPhone SE is shown below:
`
`110. The movement of the moving portion of the Taptic Engines in the
`
`Accused Products is damped by a ferrofluid in physical contact with at least the
`
`
`
`20
`
`moving portion.
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`111. One example in the 2020 iPhone SE is shown below:
`
`
`COMPLAINT
`
`
`
`-17-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.19 Page 19 of 31
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`112. On information and belief, the ferrofluid in the Taptic Engines in the
`
`
`
`18
`
`Accused Products reduces at least a mechanical resonance within the frequency range
`
`19
`
`of 40-200 Hz in response to electrical signals applied to the plurality of conductive
`
`20
`
`coils.
`
`21
`
`113. Apple actively, knowingly, and intentionally induces infringement of one
`
`22
`
`or more claims of the ’885 patent under 35 U.S.C. § 271(b) by actively encouraging
`
`23
`
`others to make, use, sell, and offer to sell in the United States, the Accused Products.
`
`24
`
`114. For example, Apple provides directions, instruction manuals, guides,
`
`25
`
`and/or other materials that encourage and facilitate infringing use by others.
`
`26
`
`115. Apple has sold and is selling the Accused Products with the knowledge
`
`27
`
`and intent that customers who buy the products will use the products for their
`
`28
`
`
`
`
`COMPLAINT
`
`
`
`
`
`-18-
`
`
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 1 Filed 04/26/21 PageID.20 Page 20 of 31
`
`
`
`1
`
`infringing use and therefore that customers have been and are directly infringing the
`
`2
`
`’885 patent.
`
`3
`
`116. Apple contributes to the infringement of one or more claims of the ’885
`
`4
`
`patent under 35 U.S.C. § 271(c) by offering to sell and selling a component of the
`
`5
`
`Accused Products that constitutes a material part of the inventions, knowing the same
`
`6
`
`to be especi