Case 1:16-cv-00077-RGA Document 1 Filed 02/11/16 Page 1 of 21 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Civil Action No. ____________
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`JURY TRIAL DEMANDED
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`vs.
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`IMMERSION CORPORATION
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`APPLE INC.,
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`AT&T INC., and
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`AT&T MOBILITY LLC
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Immersion Corporation (“Immersion”) brings this action for patent infringement
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`against Apple Inc., AT&T Inc., and AT&T Mobility LLC (collectively, “Defendants”), and
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`alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`Immersion is a leading innovator and developer of haptic technologies. Since its
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`founding in 1993, Immersion has developed and licensed haptic products and intellectual
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`property across diverse industries and applications, including medical devices, medical training
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`simulations, game systems and controllers, automotive devices, touchscreen controls for
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`appliances and office equipment, and mobile electronic devices. Immersion’s mission is to
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`innovate touch technology that informs, humanizes, and excites while working with customers
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`and partners to bring these tactile experiences to consumers.
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`2.
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`“Haptics” refers to the science of touch. Haptics are frequently integrated into
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`mobile electronic devices, including smartphones, smartwatches, and handheld computers.
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`Because of the importance of the sense of touch to the way we perceive our surroundings and the
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`things with which we interact, incorporating haptics enhances the usability and functionality of
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`those devices.
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`3.
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`Haptic feedback is especially useful in electronic devices containing touchscreens,
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`which tend to rely on graphical elements (such as buttons, menus, and other aspects of
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`applications) to control the device. User actions may trigger different haptic effects and thus
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`communicate different types of information. For example, separate haptic effects may be
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`configured for different graphical buttons, menus, or applications, or to various interactions with
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`such graphical buttons, menus, or applications. As another example, haptic effects may be
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`generated based on how hard the user presses on the touchscreen. Different haptic effects allow
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`a user to differentiate the information conveyed and allow a user to easily distinguish, for
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`example, a button press from a calendar alert from a text message alert from an incoming call.
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`4.
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`Haptic effects may also be linked to dynamic interactions with graphical objects.
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`For example, haptic effects may be linked to expanding or contracting a two-finger zoom gesture
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`on a mobile phone or may be based on the amount of pressure applied to the touchscreen. Haptic
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`feedback based on dynamic interactions provides a more realistic and responsive user experience
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`and increases user immersion when using mobile devices such as smartphones or smartwatches.
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`5.
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`Haptic sensations in consumer electronic devices often are created by one or more
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`actuators (usually small motors) which create vibrations that can be felt by a user. Different
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`sensations may be conveyed by varying the type, duration, intensity, or frequency at which the
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`actuator operates. Further, a variety of tactile sensations may be accessed with reference to a
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`lookup table containing haptic effect data for multiple tactile sensations. Similarly, the variety of
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`tactile sensations may be implemented as an Application Programming Interface (API) library
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`that is available to multiple applications.
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`6.
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`Immersion’s hardd work andd ingenuity
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`in the fieldd of hapticss has resulteed in
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`extensivee intellectuall property prrotection forr Immersionn’s innovatioons. This prrotection inccludes
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`more than 2,100 worrld-wide grannted and pennding patentss, including
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`the patents-iin-suit.
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`7.
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`Hapticcs play a central role
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`in Defendannts’ productts. For exaample, impoortant
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`features
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`of the currennt generation of Apple iiPhones are
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`promoted uunder the na
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`mes “3D Toouch”
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`and “Tapptic Engine.” These ffeatures of
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`the Apple
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`iPhone 6s
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`and 6s Plu
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`s provide hhaptic
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`feedbackk, including
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`feedback bbased on preessure-sensittive interacttions with tthe touch sccreen.
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`Apple annd AT&T ttout this funnctionality oon their weebsites. Seee, e.g., Appple, iPhone
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`3DTouchh, http://wwww.apple.comm/iphone-6s/33d-touch/ (3
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`D Touch):
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`See also, e.g., http://wwww.apple.ccom/iphone--6s/technoloogy/ (Taptic EEngine):
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`AT&T):
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`Imporrtant haptic
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`features of f the Apple
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`Watch are
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`promoted uunder the nnames
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`“Force TTouch” and
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`ts website. nality on itthis functionpple touts t“Taptic Enngine.” Ap
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`http://wwww.apple.comm/watch/wattch-reimaginned/ (Force TTouch):
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`See also, e.g., https:///www.att.coom/cellphonees/iphone/iphhone-6s.htmml (3D Touchh advertised
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`Case 1:16-cv-00077-RGA Document 1 Filed 02/11/16 Page 5 of 21 PageID #: 5
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`See also id. (Taptic EEngine):
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`Case 1:16-cv-00077-RGA Document 1 Filed 02/11/16 Page 6 of 21 PageID #: 6
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`9.
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`Defendants are capitalizing on Immersion’s innovation and success by selling
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`mobile devices that infringe Immersion’s patents. Defendants are utilizing Immersion’s patented
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`inventions without license or authority from Immersion. Immersion has brought this action to
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`remedy Defendants’ infringement.
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`PARTIES
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`10.
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`Immersion is a Delaware corporation with its principal place of business located
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`at 50 Rio Robles, San Jose, CA 95134. Immersion is the owner of the intellectual property rights
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`at issue in this action. As noted above, Immersion is a leading innovator and developer of haptic
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`feedback technologies. Since its founding in 1993, Immersion has developed and licensed haptic
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`feedback products and intellectual property across diverse industries and applications, including
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`mobile electronic devices.
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`11.
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`Defendant Apple Inc. (“Apple”) is a California corporation with its principal
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`place of business at 1 Infinite Loop, Cupertino, CA 95014.
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`12.
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`Apple makes, uses, offers to sell, sells, and imports into the United States mobile
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`electronic devices, including the Apple iPhone 6, the Apple iPhone 6 Plus, the Apple iPhone 6s,
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`the Apple iPhone 6s Plus, Apple Watch, Apple Watch Sport, and Apple Watch Edition. Apple
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`maintains one or more retail stores and numerous employees in this judicial district. Apple’s
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`retail stores in this judicial district offer to sell and do sell the Apple iPhone 6, Apple iPhone 6
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`Plus, Apple iPhone 6s, Apple iPhone 6s Plus, Apple Watch, Apple Watch Sport, and Apple
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`Watch Edition.
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`13.
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`Defendant AT&T Inc. is a Delaware corporation with a principal place of
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`business at 208 S. Akard Street, Dallas, TX 75202. Defendant AT&T Mobility LLC (“AT&T
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`Mobility”) is a Delaware limited liability company with a principal place of business at 1025
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`Case 1:16-cv-00077-RGA Document 1 Filed 02/11/16 Page 7 of 21 PageID #: 7
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`Lenox Park Boulevard NE, Atlanta, GA 30319. AT&T Mobility is a wholly-owned subsidiary
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`of AT&T Inc. Together, AT&T Inc. and AT&T Mobility will be referred to as “AT&T.”
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`14.
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`AT&T uses, offers to sell, sells, and imports into the United States mobile
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`electronic devices, including the Apple iPhone 6, the Apple iPhone 6 Plus, the Apple iPhone 6s,
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`and the Apple iPhone 6s Plus. AT&T maintains one or more retail stores and numerous
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`employees in this judicial district. AT&T’s retail stores in this judicial district offer to sell and
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`do sell the Apple iPhone 6, Apple iPhone 6 Plus, Apple iPhone 6s, and Apple iPhone 6s Plus.
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`JURISDICTION AND VENUE
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`15.
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`This is an action for patent infringement arising under the patent laws of the
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`United States of America, 35 U.S.C. § 1, et seq., including 35 U.S.C. § 271. This Court has
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`subject matter jurisdiction over the matters pleaded herein under 28 U.S.C. §§ 1331 and 1338(a).
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`16.
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`This Court has personal jurisdiction over Defendants because, among other
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`reasons, Defendants have done business in this District, have committed and continue to commit
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`acts of patent infringement in this District, and have harmed and continue to harm Immersion in
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`this District, by, among other things, using, selling, and offering for sale infringing products in
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`this District. Moreover, the Defendants have placed infringing products into the stream of
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`commerce by shipping those products into this District or knowing that the products would be
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`shipped into this District.
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`17.
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`Venue is proper in this District pursuant to 28 U.S.C. §§ 1400(b) and 1391(b)-(c)
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`because, among other reasons, Defendants are subject to personal jurisdiction in this District and
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`have committed acts of infringement in this District, including selling and distributing infringing
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`products in this District.
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`Case 1:16-cv-00077-RGA Document 1 Filed 02/11/16 Page 8 of 21 PageID #: 8
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`18.
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`Joinder of Defendants in this action is proper under 35 U.S.C. § 299 because,
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`among other reasons, Immersion asserts a right to relief against Defendants with respect to or
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`arising out of the same transaction, occurrence, or series of transactions or occurrences relating
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`to the making, using, importing into the United States, offering for sale, or selling of common
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`accused products, including the Apple iPhone 6, Apple iPhone 6 Plus, Apple iPhone 6s, and
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`Apple iPhone 6s Plus, and questions of fact common to all Defendants will arise in this action.
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`FIRST CLAIM FOR RELIEF FOR PATENT INFRINGEMENT
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`(U.S. Patent No. 8,773,356)
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`19.
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`Immersion incorporates by reference paragraphs 1 through 18 as if set forth here
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`in full.
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`20.
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`Immersion is the owner of the entire right, title, and interest in and to U.S. Patent
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`No. 8,773,356 (the “’356 patent”), entitled “Method and Apparatus for Providing Tactile
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`Sensations,” which was duly issued on July 8, 2014. A copy of the ’356 patent is attached as
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`Exhibit A.
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`21.
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`The ’356 patent relates to haptic feedback in handheld electronic devices that
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`have a touchscreen. The ’356 patent teaches, among other things, systems and methods for
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`providing tactile sensations, including displaying a graphical object on a touch-screen, receiving
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`a sensor signal indicating an object contacting the touch-screen, determining an interaction
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`between the object contacting the touch-screen and the graphical object, generating an actuator
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`signal based at least in part on the interaction and haptic effect data in a lookup table, and
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`outputting a haptic effect to an actuator based at least in part on the actuator signal.
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`22.
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`Defendants have infringed and are currently infringing the ’356 patent, in
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`violation of 35 U.S.C. § 271, by, among other things, making, using, offering for sale, selling,
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`and/or importing within this judicial district and elsewhere in the United States, without license
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`or authority, products and/or processes falling within the scope of one or more claims of the ’356
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`patent, including without limitation the Apple iPhone 6, Apple iPhone 6 Plus, Apple iPhone 6s,
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`Apple iPhone 6s Plus, and, in the case of Defendant Apple, the Apple Watch, Apple Watch
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`Sport, and Apple Watch Edition.
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`23.
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`Based on the information presently available to it, Immersion alleges that at least
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`the following apparatuses, products, devices, processes, methods, acts, or other instrumentalities
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`infringe or are covered by the claims of the ’356 patent: the Apple iPhone 6, Apple iPhone 6
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`Plus, Apple iPhone 6s, Apple iPhone 6s Plus, Apple Watch, Apple Watch Sport, and Apple
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`Watch Edition. Immersion makes this preliminary identification of infringing apparatuses,
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`products, devices, processes, methods, acts, or other instrumentalities without the benefit of
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`discovery or claim construction in this action, and expressly reserves the right to augment,
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`supplement, and revise its identifications based on additional information obtained through
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`discovery or otherwise.
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`24.
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`Apple, AT&T, and their customers directly infringe the ’356 patent using the
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`Apple iPhone 6, Apple iPhone 6 Plus, Apple iPhone 6s, and Apple iPhone 6s Plus. Apple and its
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`customers directly infringe the ’356 patent using the Apple Watch, Apple Watch Sport, and
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`Apple Watch Edition. The accused devices display graphical objects (e.g., lists, applications,
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`pictures, emails, etc.) on their touch screens and receive sensor signals indicating a user’s finger
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`pressing a graphical object. The accused devices generate an actuator signal (e.g., a haptic effect
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`to be played by the “Taptic Engine”) based at least in part on the detected press interaction and
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`haptic effect data in a lookup table. As one example, during a “Peek” or “Pop” interaction on an
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`Apple iPhone 6s or Apple iPhone 6s Plus, the devices measure the pressure level of a user’s
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`finger on a graphical object on the touch screen and use a lookup table to cause different haptic
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`effects to be played depending on whether a “Peek” or a “Pop” is detected. As another example,
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`using the “Force Touch” feature on an Apple Watch, Apple Watch Sport, or Apple Watch
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`Edition, the devices will measure the pressure level of a user’s finger touch on a graphical object
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`and will use a lookup table to cause different haptic effects to be played. Additional details
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`relating to the accused devices and their infringement are in the possession of Defendants.
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`25.
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`Defendants are aware of the ’356 patent at least from the date of this Complaint.
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`Additionally, on information and belief, Defendants were aware of the ’356 patent before the
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`date of this Complaint, including without limitation through Defendants’ knowledge of
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`Immersion, knowledge that many Apple competitors in the mobile space have licensed
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`Immersion’s patented technology, and Immersion’s disclosure of its patents on its website
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`(formerly
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`located at http://www.immersion.com/haptics-technology/patents/index.html and
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`currently located at http://www.immersion.com/legal/#patents). For example, Immersion’s
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`website specifically lists the ’356 patent. Immersion also provides notice of the ’356 patent via
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`its virtual marking page at http://www.immersion.com/patent-marking.html. Additionally, on
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`information and belief, the relevance of Immersion’s leading portfolio of haptic patents is well-
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`known
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`to Defendants.
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` See,
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`e.g., http://www.benzinga.com/analyst-ratings/analyst-
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`color/13/08/3816746/immersion-others-could-get-a-boost-when-haptics-market-r
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`(“When
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`it
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`comes to haptics, Immersion is usually the first company that comes to mind.”). Defendants
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`knew that the accused products infringe the ’356 patent, or at a minimum believed there was a
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`high probability that the accused products were covered by Immersion’s patents, but willfully
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`blinded themselves to Immersion’s patents and the infringing nature of the accused products.
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`26.
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`Defendants induced and are actively inducing infringement of the ’356 patent, in
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`violation of 35 U.S.C. § 271(b), by, among other things, actively and knowingly aiding and
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`abetting others to directly make, use, offer for sale, sell, and/or import within this judicial district
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`and elsewhere in the United States, without license or authority, products and/or processes
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`falling within the scope of one or more claims of the ’356 patent, including without limitation the
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`Apple iPhone 6, Apple iPhone 6 Plus, Apple iPhone 6s, Apple iPhone 6s Plus, and, in the case of
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`Defendant Apple, the Apple Watch, Apple Watch Sport, and Apple Watch Edition. For
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`example, Defendant Apple provides directions, instruction manuals, guides, and/or other
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`materials
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`that encourage and
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`facilitate
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`infringing use by others.
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` See, e.g.,
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`http://www.apple.com/iphone-6s/3d-touch/;
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`http://www.apple.com/iphone-6s/technology/;
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`http://help.apple.com/iphone/9/; http://www.apple.com/watch/; https://help.apple.com/watch/.
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`Defendant AT&T similarly provides directions, instruction manuals, guides, and/or other
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`materials
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`that encourage and
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`facilitate
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`infringing use by others.
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` See, e.g.,
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`http://www.att.com/wireless/iphone/; https://www.att.com/cellphones/iphone/iphone-6s.html;
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`http://www.att.com/esupport/iphonefaqs.jsp. The Defendants have sold and are selling these
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`products with the knowledge and intent that customers who buy the products will use the
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`products for their infringing use and therefore that customers have been and are directly
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`infringing the ’356 patent.
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`27.
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`Defendants have contributorily infringed and are currently contributorily
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`infringing the ’356 patent, in violation of 35 U.S.C. § 271(c), by, among other things, selling,
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`offering for sale, and/or importing within this judicial district and elsewhere in the United States,
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`without license or authority, products or components of products which constitute a material part
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`of the ’356 patent, knowing that such products and/or components are especially made or
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`especially adapted for use in the infringement of the ’356 patent, and not staple articles or
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`commodities of commerce suitable for substantial noninfringing use.
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`28.
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`Defendants’ infringement of the ’356 patent has been and continues to be willful
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`and deliberate. Despite knowledge of the ’356 patent, Defendants have acted and are acting
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`despite an objectively high likelihood that their actions constitute patent infringement. This
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`objective risk was and is known to the Defendants, and is also so obvious that it should have
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`been known to the Defendants.
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`29.
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`Immersion has been damaged by Defendants’ conduct and will continue to be
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`damaged in an amount yet to be determined.
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`SECOND CLAIM FOR RELIEF FOR PATENT INFRINGEMENT
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`(U.S. Patent No. 8,619,051)
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`30.
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`Immersion incorporates by reference paragraphs 1 through 18 as if set forth here
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`in full.
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`31.
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`Immersion is the owner of the entire right, title, and interest in and to U.S. Patent
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`No. 8,619,051 (the “’051 patent”), entitled “Haptic Feedback System With Stored Effects,”
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`which was duly issued on Dec. 31, 2013. A copy of the ’051 patent is attached as Exhibit B.
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`32.
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`The ’051 patent relates to haptic feedback in handheld electronic devices. The
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`’051 patent teaches, among other things, systems and methods for generating haptic feedback,
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`including storing a plurality of pre-defined haptic effects that are accessible to multiple
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`applications via an application programming interface, receiving a request for a pre-defined
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`haptic effect from an application, retrieving the requested effect via the application program
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`interface, generating a drive signal based on the effect, and applying the drive signal to an
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`actuator to provide a haptic effect.
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`33.
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`Defendants have infringed and are currently infringing the ’051 patent, in
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`violation of 35 U.S.C. § 271, by, among other things, making, using, offering for sale, selling,
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`and/or importing within this judicial district and elsewhere in the United States, without license
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`or authority, products and/or processes falling within the scope of one or more claims of the ’051
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`patent, including without limitation the Apple iPhone 6, Apple iPhone 6 Plus, Apple iPhone 6s,
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`Apple iPhone 6s Plus, Apple Watch, Apple Watch Sport, and Apple Watch Edition.
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`34.
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`Based on the information presently available to it, Immersion alleges that at least
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`the following apparatuses, products, devices, processes, methods, acts, or other instrumentalities
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`infringe or are covered by claims of the ’051 patent: Apple iPhone 6, Apple iPhone 6 Plus, Apple
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`iPhone 6s, Apple iPhone 6s Plus, Apple Watch, Apple Watch Sport, and Apple Watch Edition,
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`and the use of those products. Immersion makes this preliminary identification of infringing
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`apparatuses, products, devices, processes, methods, acts, or other instrumentalities without the
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`benefit of discovery or claim construction in this action, and expressly reserves the right to
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`augment, supplement, and revise its identifications based on additional information obtained
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`through discovery or otherwise.
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`35.
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`Apple, AT&T, and their customers directly infringe the ’051 patent using the
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`Apple iPhone 6, Apple iPhone 6 Plus, Apple iPhone 6s, and Apple iPhone 6s Plus. Apple and its
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`customers directly infringe the ’051 patent using the Apple Watch, Apple Watch Sport, and
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`Apple Watch Edition. The accused devices contain a library of pre-defined stored haptic effects.
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`Examples include vibration patterns for ringtones or notifications and vibration patterns
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`corresponding to “Peek” and “Pop” functionality on the Apple iPhone 6s and Apple iPhone 6s
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`Plus. All of the accused devices have an actuator (e.g., the “Taptic Engine”) and output pre-
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`defined haptic effects to the “Taptic Engine” via a drive circuit. Multiple applications on the
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`accused devices are registered with an application programming interface and have access to the
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`pre-defined stored haptic effects via the application programming interface. Additional details
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`relating to the accused devices and their infringement are in the possession of Defendants.
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`36.
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`Defendants are aware of the ’051 patent at least from the date of this Complaint.
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`Additionally, on information and belief, Defendants were aware of the ’051 patent before the
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`date of this Complaint, including without limitation through Defendants’ knowledge of
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`Immersion, knowledge that many Apple competitors in the mobile space have licensed
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`Immersion’s patented technology, and Immersion’s disclosure of its patents on its website
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`(formerly
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`located at http://www.immersion.com/haptics-technology/patents/index.html and
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`currently located at http://www.immersion.com/legal/#patents). For example, Immersion’s
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`website specifically lists the ’051 patent. Immersion also provides notice of the ’051 patent via
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`its virtual marking page at http://www.immersion.com/patent-marking.html. Additionally, on
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`information and belief, the relevance of Immersion’s leading portfolio of haptic patents is well-
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`known
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`to Defendants.
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` See,
`
`e.g., http://www.benzinga.com/analyst-ratings/analyst-
`
`color/13/08/3816746/immersion-others-could-get-a-boost-when-haptics-market-r
`
`(“When
`
`it
`
`comes to haptics, Immersion is usually the first company that comes to mind.”). Defendants
`
`knew that the accused products infringe the ’051 patent, or at a minimum believed there was a
`
`high probability that the accused products were covered by Immersion’s patents, but willfully
`
`blinded themselves to Immersion’s patents and the infringing nature of the accused products.
`
`37.
`
`Defendants induced and are actively inducing infringement of the ’051 patent, in
`
`violation of 35 U.S.C. § 271(b), by, among other things, actively and knowingly aiding and
`
`abetting others to directly make, use, offer for sale, sell, and/or import within this judicial district
`
`and elsewhere in the United States, without license or authority, products and/or processes
`
`
`
`
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`Case 1:16-cv-00077-RGA Document 1 Filed 02/11/16 Page 15 of 21 PageID #: 15
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`falling within the scope of one or more claims of the ’051 patent, including without limitation the
`
`Apple iPhone 6, Apple iPhone 6 Plus, Apple iPhone 6s, Apple iPhone 6s Plus, and, in the case of
`
`Defendant Apple, the Apple Watch, Apple Watch Sport, and Apple Watch Edition. For
`
`example, Defendant Apple provides directions, instruction manuals, guides, and/or other
`
`materials
`
`that encourage and
`
`facilitate
`
`infringing use by others.
`
` See, e.g.,
`
`http://www.apple.com/iphone-6s/3d-touch/;
`
`http://www.apple.com/iphone-6s/technology/;
`
`http://help.apple.com/iphone/9/; http://www.apple.com/watch/; https://help.apple.com/watch/.
`
`Defendant AT&T similarly provides directions, instruction manuals, guides, and/or other
`
`materials
`
`that encourage and
`
`facilitate
`
`infringing use by others.
`
` See, e.g.,
`
`http://www.att.com/wireless/iphone/; https://www.att.com/cellphones/iphone/iphone-6s.html;
`
`
`
`http://www.att.com/esupport/iphonefaqs.jsp. The Defendants have sold and are selling these
`
`products with the knowledge and intent that customers who buy the products will use the
`
`products for their infringing use and therefore that customers have been and are directly
`
`infringing the ’051 patent.
`
`38.
`
`Defendants have contributorily infringed and are currently contributorily
`
`infringing the ’051 patent, in violation of 35 U.S.C. § 271(c), by, among other things, selling,
`
`offering for sale, and/or importing within this judicial district and elsewhere in the United States,
`
`without license or authority, products or components of products which constitute a material part
`
`of the ’051 patent, knowing that such products and/or components are especially made or
`
`especially adapted for use in the infringement of the ’051 patent, and not staple articles or
`
`commodities of commerce suitable for substantial noninfringing use.
`
`39.
`
`Defendants’ infringement of the ’051 patent has been and continues to be willful
`
`and deliberate. Despite knowledge of the ’051 patent, Defendants have acted and are acting
`
`
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`Case 1:16-cv-00077-RGA Document 1 Filed 02/11/16 Page 16 of 21 PageID #: 16
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`despite an objectively high likelihood that their actions constitute patent infringement. This
`
`objective risk was and is known to the Defendants, and is also so obvious that it should have
`
`been known to the Defendants.
`
`40.
`
`Immersion has been damaged by Defendants’ conduct and will continue to be
`
`damaged in an amount yet to be determined.
`
`THIRD CLAIM FOR RELIEF FOR PATENT INFRINGEMENT
`
`(U.S. Patent No. 8,659,571)
`
`41.
`
`Immersion incorporates by reference paragraphs 1 through 18 as if set forth here
`
`in full.
`
`42.
`
`Immersion is the owner of the entire right, title, and interest in and to U.S. Patent
`
`No. 8,659,571 (the “’571 patent”), entitled “Interactivity Model for Shared Feedback on Mobile
`
`Devices,” which was duly issued on Feb. 25, 2014. A copy of the ’571 patent is attached as
`
`Exhibit C.
`
`43.
`
`The ’571 patent relates to haptic feedback in electronic devices. The ’571 patent
`
`teaches, among other things, systems and methods of producing a haptic effect, including
`
`receiving first and second gestures signals, generating a dynamic interaction parameter using the
`
`signals, and applying a drive signal to a haptic output device according to the dynamic
`
`interaction parameter.
`
`44.
`
`Defendants have infringed and are currently infringing the ’571 patent, in
`
`violation of 35 U.S.C. § 271, by, among other things, making, using, offering for sale, selling,
`
`and/or importing within this judicial district and elsewhere in the United States, without license
`
`or authority, products and/or processes falling within the scope of one or more claims of the ’571
`
`patent, including without limitation the Apple iPhone 6s and Apple iPhone 6s Plus.
`
`
`
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`Case 1:16-cv-00077-RGA Document 1 Filed 02/11/16 Page 17 of 21 PageID #: 17
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`45.
`
`Based on the information presently available to it, Immersion alleges that the
`
`following apparatuses, products, devices, processes, methods, acts, or other instrumentalities it
`
`contends infringe or are covered by the claims of the ’571 patent: the Apple iPhone 6s and Apple
`
`iPhone 6s Plus. Immersion makes this preliminary identification of infringing apparatuses,
`
`products, devices, processes, methods, acts, or other instrumentalities without the benefit of
`
`discovery or claim construction in this action, and expressly reserves the right to augment,
`
`supplement, and revise its identifications based on additional information obtained through
`
`discovery or otherwise.
`
`46.
`
`Apple, AT&T, and their customers directly infringe the ’571 patent using the
`
`Apple iPhone 6s and Apple iPhone 6s Plus. For example, the accused devices receive first
`
`gesture signal corresponding to a light press (“Peek”) and a second gesture signal corresponding
`
`to a firm press (“Pop”). The accused devices generate a dynamic interaction parameter using the
`
`signals and apply a drive signal to a haptic output device (e.g., the “Taptic Engine”) according to
`
`the parameter. Additional details relating to the accused devices and their infringement are in the
`
`possession of Defendants.
`
`47.
`
`Defendants are aware of the ’571 patent at least from the date of this Complaint.
`
`Additionally, on information and belief, Defendants were aware of the ’571 patent before the
`
`date of this Complaint, including without limitation through Defendants’ knowledge of
`
`Immersion, knowledge that many Apple competitors in the mobile space have licensed
`
`Immersion’s patented technology, and Immersion’s disclosure of its patents on its website
`
`(formerly
`
`located at http://www.immersion.com/haptics-technology/patents/index.html and
`
`currently located at http://www.immersion.com/legal/#patents). For example, Immersion’s
`
`website specifically lists the ’571 patent. Immersion also provides notice of the ’571 patent via
`
`
`
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`Case 1:16-cv-00077-RGA Document 1 Filed 02/11/16 Page 18 of 21 PageID #: 18
`
`its virtual marking page at http://www.immersion.com/patent-marking.html. Additionally, on
`
`information and belief, the relevance of Immersion’s leading portfolio of haptic patents is well-
`
`known
`
`to Defendants.
`
` See,
`
`e.g., http://www.benzinga.com/analyst-ratings/analyst-
`
`color/13/08/3816746/immersion-others-could-get-a-boost-when-haptics-market-r
`
`(“When
`
`it
`
`comes to haptics, Immersion is usually the first company that comes to mind.”). Defendants
`
`knew that the accused products infringe the ’571 patent, or at a minimum believed there was a
`
`high probability that the accused products were covered by Immersion’s patents, but willfully
`
`blinded themselves to Immersion’s patents and the infringing nature of the accused products.
`
`48.
`
`Defendants induced and are actively inducing infringement of the ’571 patent, in
`
`violation of 35 U.S.C. § 271(b), by, among other things, actively and knowingly aiding and
`
`abetting others to directly make, use, offer for sale, sell, and/or import within this judicial district
`
`and elsewhere in the United States, without license or authority, products and/or processes
`
`falling within the scope of one or more claims of the ’571 patent, including without limitation the
`
`Apple iPhone 6s and Apple iPhone 6s Plus. For example, Defendant Apple provides directions,
`
`instruction manuals, guides, and/or other materials that encourage and facilitate infringing use by
`
`others. See, e.g., http://www.apple.com/iphone-6s/3d-touch/; http://www.apple.com/iphone-
`
`6s/technology/; http://help.apple.com/iphone/9/. Defendant AT&T similarly provides directions,
`
`instruction manuals, guides, and/or other materials that encourage and facilitate infringing use by
`
`others.
`
` See, e.g., http://www.att.com/wireless/iphone/; https://www.att.com/cellphones/
`
`iphone/iphone-6s.html. The Defendants have sold and are selling these products with the
`
`knowledge and intent that customers who buy the products will use the products for their
`
`infringing use and therefore that customers have been and are directly infringing the ’571 patent.
`
`
`
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`Case 1:16-cv-00077-RGA Document 1 Filed 02/11/16 Page 19 of 21 PageID #: 19
`
`49.
`
`Defendants have co