Case 1:15-cv-00542-JFB-SRF Document 1 Filed 06/25/15 Page 1 of 30 PageID #: 1
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`UNITED STATES DISTRICT COURT
`DISTRICT OF DELAWARE
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`Case No. ______________
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`JURY TRIAL DEMANDED
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`))))))))))
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`EVOLVED WIRELESS, LLC,
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` Plaintiff,
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` v.
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`APPLE, INC.,
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` Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Evolved Wireless, LLC (“Evolved Wireless”), for its causes of action against
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`Defendant Apple, Inc. (“Apple”), states and alleges on knowledge and information and belief as
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`follows:
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`PARTIES
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`1.
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`Plaintiff Evolved Wireless is a limited liability company organized and existing
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`under the laws of the State of Delaware with its principal place of business at 805 Las Cimas
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`Parkway, Suite 240, Austin, Texas 78746.
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`2.
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`On information and belief, Defendant Apple, Inc. is a California corporation
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`with its principal place of business at 1 Infinite Loop, Cupertino, California 95014.
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`JURISDICTION
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`3.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a), in that this action arises under the federal patent statutes, 35 U.S.C. §§ 271
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`and 281-285.
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`4.
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`This Court has personal jurisdiction over Apple. Upon information and belief,
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`Apple has committed and continues to commit acts giving rise to this action within Delaware and
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`within this judicial district and Apple has established minimum contacts within the forum such
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`that the exercise of jurisdiction over Apple would not offend traditional notions of fair play and
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`substantial justice. For example, Apple has committed and continues to commit acts of
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`infringement in this District, by among other things, offering to sell and selling products that
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`infringe Evolved Wireless’s LTE Patent Portfolio, as defined below, including smartphones,
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`tablets, and other mobile devices. In conducting its business in Delaware and this judicial
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`district, Apple derives substantial revenue from infringing products being sold, used, imported,
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`and/or offered for sale or providing service and support to Apple’s customers in Delaware and
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`this District, and will continue to do so unless enjoined by this Court.
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`VENUE
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`5.
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`Venue in the District of Delaware is proper pursuant to 28 U.S.C. §§ 1391(b)
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`and (c) and 1400(b) because Apple has committed acts within this judicial district giving rise to
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`this action, and Apple has and continues to conduct business in this judicial district, including
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`one or more acts of selling, using, importing, and/or offering for sale infringing products or
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`providing service and support to Apple’s customers in this District.
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`6.
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`Venue in the District of Delaware is further proper because Evolved Wireless is
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`incorporated in the state of Delaware.
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`BACKGROUND
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`7.
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`The Third Generation Partnership Project (“3GPP”) develops standards for
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`globally-applicable commercial cellular systems. The Organizational Partners of 3GPP are major
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`telecommunications standards developing organizations from around the world, including the
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`European Telecommunications Standards Institute (“ETSI”), the North American Alliance for
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`Telecommunication Industry Solutions, the Telecommunications Technology Association of
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`Korea, and a few others. Companies participate in 3GPP via their membership in one of the
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`Organizational Partners. Apple and LG Electronics, Inc. are members of at least one
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`Organizational Partner, either directly or through their subsidiaries.
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`8.
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`Global standards establish precise specifications for the essential components of
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`telecommunications systems and are fundamental in allowing products and services from
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`unrelated competitors to be compatible and operate seamlessly with a telecommunications
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`network.
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`9.
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`The 3GPP standards for cellular wireless communications are known as
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`Releases. Release 8 describes the first version of the Long Term Evolution (“LTE”) standard.
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`The LTE standard network includes Evolved Universal Terrestrial Access Network (“E-
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`UTRAN”) and a Core Network called Evolved Packet Core.
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`10.
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`Each Release consists of a series of technical specifications (“TS”). The 3GPP
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`36 series of technical specifications covers the E-UTRAN, including at least TS 36.211, .300,
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`.321, .331, and .423. Starting with Release 8, LTE has been commercially available in the United
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`States since around 2010.
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`11.
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`Developing these standards is an iterative process in which industry players
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`compete to find novel solutions to the standard’s technical challenges and goals, including
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`increased data rates and throughput, reduced latency, and higher reliability. The member
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`companies participate in 3GPP Working Groups to discuss, vote, and select the most appropriate
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`technology among competing proposals to provide each individual function within the standard.
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`Therefore, technologies patented by the members become part of the 3GPP standards.
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`12.
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`3GPP participants must abide by the intellectual property rights (“IPR”) policy
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`of the Organizational Partners to which they belong. These IPR policies, such as the ETSI IPR
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`policy, are intended to strike “a balance between the needs of standardization for public use in
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`the field of telecommunications and the rights of the owners of IPRs.”1 “IPR holders whether
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`members of ETSI and their AFFILIATES or third parties, should be adequately and fairly
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`rewarded for the use of their IPRs in the implementation of STANDARDS and TECHNICAL
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`SPECIFICATIONS.”2
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`13.
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`3GPP participants are required to disclose intellectual property (including
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`patents and patent applications) owned by them which they believe are or are likely to become
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`essential, or might be essential, to any 3GPP standard, including LTE. Companies are also
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`required by IPR policies to license their intellectual property on terms that are fair, reasonable,
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`and non-discriminatory (“FRAND”).3 These policies bind all successors-in-interest to license
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`essential intellectual property on FRAND terms.4
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`EVOLVED WIRELESS
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`14.
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`Evolved Wireless restates and realleges each of the allegations set forth above
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`and incorporates them herein.
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`15.
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`Evolved Wireless owns, through assignments originating with LG Electronics,
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`Inc. (“LG”), a standard-essential patent portfolio relating to LTE wireless communication
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`systems. The portfolio, which includes United States Patent Nos. 7,746,916, 7,768,965,
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`7,809,373, 7,881,236, and 8,218,481 (collectively referred to herein as “LTE Patent Portfolio”),
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`1 ETSI Rules of Procedure, Annex 6: ETSI Intellectual Property Rights Policy § 3.1 (2014),
`available at http://www.etsi.org/images/files/IPR/etsi-ipr-policy.pdf.
`2 Id. § 3.2.
`3 Id. § 6.1.
`4 Id. § 6.1bis.
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`is essential to the 3GPP 36 Series technical specifications, including at least TS 36.211, .300,
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`.321, .331, and .423.
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`16.
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`As an ETSI member, LG extensively participated in 3GPP Working Group
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`meetings to develop the LTE standards. LG submitted numerous proposals for incorporation into
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`the standards, and LG’s research and development efforts solved significant technical challenges
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`facing the standards. The LTE Patent Portfolio claims several of LG’s technical solutions that
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`solve technical challenges in wireless telecommunications technology.
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`17.
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`Evolved Wireless continues to innovate and contribute additional inventions to
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`the LTE wireless communication system.
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`OVERVIEW OF MOBILE TELECOMMUNICATIONS
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`18.
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`Mobile (cellular) phones and devices allow users to make or receive telephone
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`calls and transmit and receive data wirelessly over a wide geographical area.
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`19.
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`Around 1980, first generation (“1G”) mobile phones were introduced to the
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`public. These phones used analog modulation techniques, specifically frequency division
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`multiple access, to transmit voice calls.
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`20.
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`In the 1990s, second generation (“2G”) phones emerged. These phones used
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`digital technology, which permitted more efficient use of the radio spectrum than their 1G
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`predecessor. While second generation systems were originally designed only for voice, they were
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`later enhanced to include data transmission, but could only achieve low data rates.
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`21.
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`During the same time period of growth for 2G communications systems, overall
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`use of the Internet also increased. In response to user demand for higher data rates, third
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`generation (“3G”) phones emerged.
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`22.
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`While voice calls traditionally dominated the traffic in mobile communications,
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`the increasing number of mobile devices and the advancement of mobile device technology with
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`increased features and data-hungry applications drove demand for faster and more reliable data
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`transmissions. Data traffic over cellular networks has therefore increased dramatically since the
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`mid to late 2000s.
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`23.
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`Given the increased demand for data, coupled with limited available radio
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`spectrum, mobile communication developers were required to create a standard that, compared
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`with 3G, offered much higher data rates, lower latency, and improved overall user experience.
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`LTE is the result of this development.
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`EVOLVED WIRELESS’S STANDARD-ESSENTIAL LTE PATENT PORTFOLIO
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`24.
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`Evolved Wireless’s LTE Patent Portfolio
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`is
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`rooted
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`in mobile
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`telecommunications technology and solves particular problems arising in wireless cellular
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`communications between mobile devices and cellular networks.
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`25.
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`The above-mentioned benefits of LTE, such as higher throughput and lower
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`latency, could be achieved only after significant challenges were overcome. These challenges
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`included at least interference management and signal processing. The LTE Patent Portfolio
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`addresses some of these challenges and offers specific solutions to improve mobile device
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`functionality over the prior art with faster, more reliable, and more efficient voice and data
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`transmissions.
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`UNITED STATES PATENT NO. 7,746,916 (“THE ’916 PATENT”)
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`26.
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`United States Patent No. 7,746,916 (“the ’916 Patent”), entitled “Method and
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`Apparatus for Generating and Transmitting Code Sequence in a Wireless Communication
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`System,” was issued on June 29, 2010. Evolved Wireless is the owner and assignee of the ’916
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`Patent.
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`27.
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`On November 29, 2006, the ’916 Patent inventors assigned the entire right, title,
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`and interest of the ’916 Patent to LG, which was duly recorded in the U.S. Patent and Trademark
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`Office (“USPTO”) on March 15, 2007. LG assigned the entire right, title, and interest of the ’916
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`Patent to TQ Lambda LLC on February 7, 2014, which was duly recorded in the USPTO on
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`March 4, 2014. On September 26, 2014, TQ Lambda LLC assigned the entire right, title, and
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`interest of the ’916 Patent to Evolved Wireless, which was duly recorded in the USPTO on
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`October 27, 2014.
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`28.
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`The ’916 patented technology relates to a technique for obtaining a plurality of
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`code sequences with certain properties that results in an improved telecommunication system to
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`overcome limitations rooted in prior art telecommunication system technology. Obtaining code
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`sequences in the way claimed by the ’916 Patent is fundamental to the operation of LTE and is
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`used in several aspects, including random access preambles and uplink reference signals.
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`29.
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`Among other limitations, the method for sequence generation in 3G systems
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`resulted in a limited number of different code sequences. Because the number of code sequences
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`was limited, telecommunication systems either had a higher level of interference or were only
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`able to serve a limited number of mobile phones for a particular base station. This shortcoming is
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`addressed by the ’916 patented technology.
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`30.
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`The ’916 Patent describes the state of the art where “a pilot signal or preamble
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`of a wireless communication system is referred to as a reference signal used for initial
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`synchronization, cell search, and channel estimation. Further, the preamble is comprised of a
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`code sequence, and the code sequence is further comprised of orthogonal or quasi-orthogonal
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`[codes] which represent good correlation properties.” (Ex. 1, 1:20-26.)
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`31.
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`The ’916 Patent further describes the problems associated with prior art code
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`sequences. “Although the [Hadamard] code sequence and a poly-phase Constant Amplitude Zero
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`Auto-Correlation (CAZAC) code sequence are orthogonal codes, [the] number of codes used to
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`maintain orthogonality is limited.” (Id. at 1:31-34.)
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`32.
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`Thus, the ’916 Patent solved at least one particular problem arising from
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`synchronizing mobile devices to cell towers using code sequences. “Accordingly, the [’916
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`Patent] is directed to a method and apparatus for generating and transmitting code sequence in a
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`wireless communication system that substantially obviates one or more problems due to
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`limitations and disadvantages of the related art.” (Id. at 1:51-55.)
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`UNITED STATES PATENT NO. 7,768,965 (“THE ’965 PATENT”)
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`33.
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`United States Patent No. 7,768,965 (“the ’965 Patent”), entitled “Method for
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`Transmitting and Receiving Signals Based on Segmented Access Scheme and Method for
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`Allocating Sequence for the Same,” was issued August 3, 2010. Evolved Wireless is the owner
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`and assignee of the ’965 Patent.
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`34.
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`On March 2 and March 9, 2009, the ’965 Patent inventors assigned the entire
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`right, title, and interest of the ’965 Patent to LG, which was duly recorded in the USPTO on
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`March 13, 2009. LG assigned the entire right, title, and interest of the ’965 Patent to TQ Lambda
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`LLC on February 7, 2014, which was duly recorded in the USPTO on March 4, 2014. On
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`September 26, 2014, TQ Lambda LLC assigned the entire right, title, and interest of the ’965
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`Patent to Evolved Wireless, which was duly recorded in the USPTO on October 27, 2014.
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`35.
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`The ’965 patented technology is directed generally to an apparatus and method
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`for transmitting and receiving codes used by mobile devices.
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`36.
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`In prior art telecommunications systems, as cell size increased, longer preambles
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`were required to accommodate mobile devices farther away from the cell tower. Mobile devices
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`close to the cell tower also used the same longer preamble length. This in part resulted in
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`increased overhead to telecommunications systems. “For instance, in case that 1 subframe is
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`used as an RACH or a ranging channel in 3GPP LTE system, the system uses 120(cid:3415) of overhead as
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`the RACH or the ranging channel. Yet, if 5 subframes need to be used due to an increased cell
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`size, the overhead increases 5 times to considerably affect overall system performance.” (Ex. 2,
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`3:15-20.)
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`37.
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`The ’965 patented technology addressed this problem by providing a method
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`according to which different mobile devices can use preambles of different length based at least
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`in part on their location within a cell, rather than the size of the cell area. The ’965 recognizes
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`that a short sequence can be used by mobile devices in the center of a cell, and a long sequence
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`can be used by mobile devices at the edge of a cell. This reduced the overhead experienced by
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`the telecommunication system while reducing the probability of collision with other mobile
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`devices within a cell.
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`38.
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`The ’965 Patent describes collision as one aspect of the technical problems
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`associated with larger cell sizes: when mobile devices (user equipment) “within a large cell use
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`an identically specified sequence, probability of collision in an RACH or ranging channel slot
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`can be raised in proportion to an increasing number of user equipment[] within the corresponding
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`cell.” (Id. at 3:28-32.) Thus, “the demand for a technology in reducing probability of collision
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`occurrence in the same RACH or ranging channel slot and [reducing] overhead attributed to an
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`RACH or a ranging channel in a large cell has risen.” (Id. at 3:33-36.)
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`39.
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`The ’965 Patent claims at least one technical solution to this particular prior art
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`problem. “An object of the present invention is to reduce probability of collision possible in
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`using an identical sequence by entire user equipment[] within a cell in a manner of providing a
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`sequence set differently allocated according to a location of a user equipment within a cell.” (Id.
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`at 4:1-5.)
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`UNITED STATES PATENT NO. 7,809,373 (“THE ’373 PATENT”)
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`40.
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`United States Patent No. 7,809,373 (“the ’373 Patent”), entitled “Method of
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`Transmitting and Receiving Radio Access Information in a Wireless Mobile Communication
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`System,” was issued on October 5, 2010. Evolved Wireless is the owner and assignee of the ’373
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`Patent.
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`41.
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`On September 7, 2006, the ’373 Patent inventors assigned the entire right, title,
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`and interest of the ’373 Patent to LG, which was duly recorded in the USPTO on November 2,
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`2006. LG assigned the entire right, title, and interest of the ’373 Patent to TQ Lambda LLC on
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`February 7, 2014, which was duly recorded in the USPTO on March 4, 2014. On September 26,
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`2014, TQ Lambda LLC assigned the entire right, title, and interest of the ’373 Patent to Evolved
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`Wireless, which was duly recorded in the USPTO on October 27, 2014.
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`42.
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`The ’373 patented technology is directed generally to the handover of a mobile
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`device from one cell tower base station (the source base station) to another cell tower base
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`station (the target base station). Handovers are fundamental to the cellular architecture of
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`wireless telecommunication systems.
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`43.
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`When a mobile device moves to the coverage area of a new base station, the
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`mobile device must send a signal to establish synchronization and make scheduling requests. The
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`signal includes a random access preamble selected randomly for a limited number of signatures.
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`Problems arise with this prior art handover method. Specifically, the random access message is
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`susceptible to collision and disruption during the handover from, among other things, multiple
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`devices using the same preamble message. As more and more devices enter and leave the cell
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`area, the likelihood of collision increases. Any collisions will increase service interruption,
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`ultimately reducing the quality and/or availability of service.
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`44.
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`The ’373 patented technology addresses problems specifically arising out using
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`a limited number of preambles in a random access process to access a base station as the number
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`of mobile devices within the cell increases. The ’373 Patent discloses a mobile device that
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`receives a dedicated preamble supplied by the target base station by means of the source base
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`station. The mobile device uses the dedicated preamble after the handover process to eliminate
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`the likelihood of collision, which can reduce handover processing time and in turn result in a
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`faster and more efficient method of accessing the target base stations.
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`45.
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`More specifically, the ’373 Patent describes at least one technical problem
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`existing in prior art methods to handover mobile devices (mobile terminals) from one cell tower
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`to another. “In the related art, when the mobile terminal moves from a source cell to a target cell,
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`the mobile terminal uses a RACH to transmit a cell update message to the target cell. However,
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`because of a possibility of RACH collision (i.e. the same signature is being selected from
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`multiple terminals that use of the RACH), the processing time for the handover process may be
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`delayed.” (Ex. 3, 5:51-57.)
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`46.
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`With this particular prior art problem in mind, the ’373 Patent claims at least one
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`technical solution for providing the mobile device with handover information prior to the actual
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`handover in order to reduce handover processing time. “In contrast [to the prior art], the features
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`of the present invention provide that the terminal receives necessary information from a source
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`cell in advance (i.e., before the terminal transmits a RACH setup request to a network) in order
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`to utilize the RACH in a later step. As a result, the terminal can connect with the target cell with
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`minimal delays.” (Id. at 5:58-63.)
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`UNITED STATES PATENT NO. 7,881,236 (“THE ’236 PATENT”)
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`47.
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`United States Patent No. 7,881,236 (“the ’236 Patent”), entitled “Data
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`Transmission Method and User Equipment for the Same,” was issued on February 1, 2011.
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`Evolved Wireless is the owner and assignee of the ’236 Patent.
`
`48.
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`On July 29, 2009, the ’236 Patent inventors assigned the entire right, title, and
`
`interest of the ’236 Patent to LG, which was duly recorded in the USPTO on August 13, 2009.
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`LG assigned the entire right, title, and interest of the ’236 Patent to TQ Lambda LLC on
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`February 7, 2014, which was duly recorded in the USPTO on March 4, 2014. On September 26,
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`2014, TQ Lambda LLC assigned the entire right, title, and interest of the ’236 Patent to Evolved
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`Wireless, which was duly recorded in the USPTO on October 27, 2014.
`
`49.
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`The ’236 Patent avoids problems arising from transmission errors when data
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`stored in a mobile device’s Msg3 buffer is transmitted regardless of the reception mode of the
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`Uplink Grant signal. The ’236 Patent describes that problems occur “if the data stored in the
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`Msg3 buffer is transmitted in correspondence with the reception of all UL Grant signals.” (Ex. 4,
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`4:30-32 (emphasis added).)
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`50.
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`The ’236 Patent claims at least one technical solution to this particular problem
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`arising in mobile device uplink grants. “An object of the present invention is to provide a data
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`transmission method and a user equipment for the same, which is capable of solving a problem
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`which may occur when data stored in a message 3 (Msg3) buffer is transmitted according to a
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`reception mode of an Uplink (UL) Grant signal.” (Id. at 4:42-47.)
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`UNITED STATES PATENT NO. 8,218,481 (“THE ’481 PATENT”)
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`51.
`
`United States Patent No. 8,218,481 (“the ’481 Patent”), entitled “Method of
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`Transmitting Data in a Mobile Communication System,” was issued on July 10, 2012. Evolved
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`Wireless is the owner and assignee of the ’481 Patent.
`
`52.
`
`On June 30 and July 6, 2010, the ’481 Patent inventors assigned the entire right,
`
`title, and interest of the ’481 Patent to LG, which was duly recorded in the USPTO on July 7,
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`2010. LG assigned the entire right, title, and interest of the ’481 Patent to TQ Lambda LLC on
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`February 7, 2014, which was duly recorded in the USPTO on March 4, 2014. On September 26,
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`2014, TQ Lambda LLC assigned the entire right, title, and interest of the ’481 Patent to Evolved
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`Wireless, which was duly recorded in the USPTO on October 27, 2014.
`
`53.
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`The ’481 patented technology is directed generally to an apparatus and method
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`for creating the preamble of a random access signal so as to address the limitations rooted in the
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`prior art. In prior art systems, a preamble of fixed length was used, limiting flexibility under
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`different cell sizes. The ’481 patented technology addresses this problem by providing an
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`apparatus and method where a specific sequence is repeated multiple times and a cyclic prefix is
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`added. The resulting preambles are less susceptible to “noise or channel change.” (Ex. 5, 2:49.)
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`The ’481 Patent improves the probability of preamble reception by base stations and in turn
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`provides more efficient and reliable cellular connections than prior art systems and methods.
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`54.
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`The ’481 Patent describes a telecommunication system wherein “[a] user
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`equipment uses a random access channel (RACH) to access a network in a state that the user
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`equipment is not uplink synchronized with a base station. A signal having repetitive
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`characteristic in a time domain is used in the random access channel, so that a receiver easily
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`searches a start position of a transmission signal. In general, the repetitive characteristic is
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`realized by repetitive transmission of a preamble.” (Id. at 1:24-30.)
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`55.
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`Further, “[a] representative example of a sequence for realizing the preamble
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`includes a CAZAC (Constant Amplitude Zero Auto Correlation) sequence. . . . [which] has
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`excellent transmission characteristics. However, the CAZAC sequence has limitation[s] in that
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`maximum N-1 number of sequences can be used for a sequence having a length of N.” (Id. at
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`1:32-40.)
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`56.
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`The ’481 Patent describes five prior art methods and the associated problems for
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`“transmitting data from a random access channel by using the CAZAC sequence.” (Id. at 1:45-
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`46; see also 1:46-2:33.) “[T]he first method is to directly interpret CAZAC sequence ID to
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`message information.” (Id. at 1:46-47.) Problems occur, however, because “there is difficulty in
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`realizing a sufficient number of CAZAC sequence sets, and the costs required for search of a
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`receiver increases.” (Id. at 1:52-56.)
`
`57.
`
`The second and third prior art methods involve either simultaneously
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`transmitting a CAZAC sequence with a Walsh sequence or mixing a CAZAC sequence with a
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`Walsh sequence. (Id. at 1:57-59, 2:1-3.) The second method is still limited, however, because
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`“bits of message[s] that can additionally be obtained are only log2N bits when the Walsh
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`sequence has a length of N.” (Id. at 1:66-67.) Further, the third method encounters problems
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`Case 1:15-cv-00542-JFB-SRF Document 1 Filed 06/25/15 Page 15 of 30 PageID #: 15
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`where “the Walsh sequence acts as noise in detection of the CAZAC sequence [and] cause[s]
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`difficulty in detecting sequence ID.” (Id. at 2:8-10.)
`
`58.
`
`The fourth prior art method involves modifying the code sequence by either
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`“multiplying an exponential term by a CAZAC sequence or directly apply[ing] data
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`modulation,” (Id. at 2:15-17.), and the fifth method involves “attaching a message part to the
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`CAZAC sequence.” (Id. at 2:25-26.) These methods “have a problem in that they are susceptible
`
`to change of channel condition.” (Id. at 31-33.)
`
`59.
`
`The ’481 Patent claims at least one technical solution for solving limitations
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`with CAZAC sequences existing in the prior art. “[T]he present invention has been suggested to
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`substantially obviate one or more problems due to limitations and disadvantages of the related
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`art, and an object of the present invention is to provide a method of transmitting and receiving
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`message[s] between a user equipment and a base station by using a long sequence to maximize
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`time/frequency diversity and alleviat[e] performance attenuation due to channel.” (Id. at 2:37-
`
`44.)
`
`60.
`
`“Another object of the present invention is to provide a method of transmitting
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`data through a code sequence in a mobile communication system, in which the quantity of data
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`can be increased and the transmitted data becomes robust to noise or channel change.” (Id. at
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`2:45-49.)
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`APPLE
`
`61.
`
`Apple sells phones, smartphones, tablets, and other wireless devices. Products
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`sold by Apple include, but are not limited to, the devices listed in Appendix A.
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`Case 1:15-cv-00542-JFB-SRF Document 1 Filed 06/25/15 Page 16 of 30 PageID #: 16
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`62.
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`Apple sells, manufactures, imports, and uses certain devices that practice the
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`LTE standards established by ETSI and 3GPP. Indeed, Apple markets to the public that certain
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`devices are compliant with the LTE standard. (See Ex. 6, iPhone User Guide, at 188.)
`
`63.
`
`Apple, or its subsidiaries, is a member of ETSI, and was a member during the
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`relevant period when LG declared the LTE Patent Portfolio to ETSI.
`
`64.
`
`The 3GPP Working Group meetings evaluated competing technologies that
`
`could best serve the essential functions necessary to standardize wireless communications. Upon
`
`information and belief, Apple has not participated in the 3GPP Working Group meetings,
`
`although Apple has taken advantage of the system and has been successful in the LTE device
`
`market.
`
`LICENSING EFFORTS
`
`65.
`
`On November 4, 2014, Evolved Wireless sent Jayna Whitt, Director of IP
`
`Transactions at Apple, a letter offering to engage in licensing discussions on FRAND terms for
`
`Evolved Wireless’s LTE Patent Portfolio. Evolved Wireless further sent e-mails on November 4
`
`and November 13, 2014 to open up licensing discussions. Jayna Whitt responded on November
`
`13, 2014 identifying Heather Mewes as the point of contact.
`
`66.
`
`Apple has not entered into a license agreement with Evolved Wireless for the
`
`LTE Patent Portfolio.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 7,746,916
`
`67.
`
`Evolved Wireless restates and realleges each of the allegations set forth above
`
`and incorporates them herein.
`
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`Case 1:15-cv-00542-JFB-SRF Document 1 Filed 06/25/15 Page 17 of 30 PageID #: 17
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`68.
`
`Apple has infringed, induced infringement, and/or contributed to infringement
`
`of the ’916 Patent by making, using, selling, offering for sale, or importing into the United
`
`States, or by intending that others make, use, import into, offer for sale, or sell in the United
`
`States, products and/or methods covered by one or more claims of the ’916 Patent, including but
`
`not limited to cellular telephones, tablet computers, and/or other devices with LTE capabilities
`
`and that comply with the LTE standards, including at least TS 36.211, .300, .321, .331, and .423.
`
`69.
`
`On information and belief, Apple has actively induced and is actively inducing
`
`third parties, such as Apple’s customers, to directly infringe the ’916 Patent in this District and
`
`elsewhere in the United States in violation of 35 U.S.C. § 271(b). On information and belief,
`
`Apple and/or its distributors or representatives have sold or otherwise provided cellular
`
`telephones, tablet computers, and/or other devices with LTE capabilities and that comply with
`
`the LTE standards to third parties, such as Apple’s customers. Apple’s customers, on information
`
`and belief, have directly infringed and are directly infringing the ’916 Patent. Moreover, Apple
`
`specifically intends for and encourages its customers to use their products in violation of the ’916
`
`Patent. For example, by marketing and selling its cellular telephones, tablet computers, and/or
`
`other devices with LTE capabilities and that comply with the LTE standards, Apple has
`
`encouraged and is encouraging its customers to use the products to directly infringe the ’916
`
`Patent.
`
`70.
`
`Further, on information and belief, Apple has also contributed to and is
`
`contributing to direct infringement of the ’916 Patent by third parties, such as Apple’s customers,
`
`in this District and elsewhere in the United States in violation of 35 U.S.C. § 271(c). On
`
`information and belief, Apple and/or its distributors or representatives have sold or otherwise
`
`provided cellular telephones, tablet computers, and/or other devices with LTE capabilities and
`
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`Case 1:15-cv-00542-JFB-SRF Document 1 Filed 06/25/15 Page 18 of 30 PageID #: 18
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`that comply with the LTE standards to third parties, such as Apple’s customers. Apple’s
`
`customers, on information and belief, have directly infringed and are directly infringing the ’916
`
`Patent. Moreover, because the ’916 Patent is essential to the LTE standards, Apple’s cellular
`
`telephones, tablet computers, and/or other devices with LTE capabilities and that comply with
`
`the LTE standards are material in practi