Case 1:16-cv-00325-RGA Document 1 Filed 05/05/16 Page 1 of 25 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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`
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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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`
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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 technology. 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, for example, medical devices,
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`medical training simulations, game systems and controllers, automotive devices, touchscreen
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`controls for appliances and office equipment, and mobile electronic devices. In recent years, a
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`primary focus of Immersion's business has been developing products for the mobile electronic
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`device industry, including software products for implementing advanced haptic effects, including
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`pressure-enabled haptic effects, on mobile electronic devices.
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`2.
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`"Haptics" refers to the science of touch. Haptics in consumer electronic devices
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`provides touch or tactile sensations to the users of electronic devices. Because of the importance
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`of the sense of touch to the way people perceive their surroundings and the things with which
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`they interact, haptics can greatly enhance the usability and functionality of consumer electronic
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`devices. Haptic sensations in such devices are typically created by actuators, or motors, which
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`create a vibration.
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`3.
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`When haptics is implemented on a mobile phone (for example, through
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`Immersion's TouchSense® software), users can experience a vibrating force as they push a
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`virtual button, select a graphical object, scroll through a list, or receive a message. As another
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`example, when haptics is implemented in a laptop computer (for example, in the laptop's
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`touchpad), users can experience a vibrating force when they press down on the touchpad.
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`Haptics may, for example, confirm or provide cues that an action has been performed.
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`Predefined haptic effects may be incorporated in an electronic device to allow certain haptic
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`effects to be associated with certain actions and allow applications to access and use the
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`predefined haptic effects library. As another example, when implemented in a mobile game,
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`users can feel an engine reverberation, the crack of the bat meeting the ball, or the release of a
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`slingshot. The presence of haptics in electronic devices provides a new level of user interaction
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`through haptic cues, which provide users with a more rich and immersive user experience.
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`4.
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`In electronic devices, haptic effects are typically managed and controlled by
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`embedded software, and integrated into device user interfaces and applications via embedded
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`control software APIs. Applications running on a mobile electronic device call these APIs to
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`implement the haptic effects. These APIs in turn cause specific haptic effect commands to be
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`sent to an actuator in the electronic device, resulting in the associated haptic feedback effect.
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`More sophisticated applications may provide a variety of tactile sensations. For example, user
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`actions may trigger different haptic effects and thus communicate different types of information.
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`This information may be conveyed by varying the type, duration, intensity, or frequency of the
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`tactile sensations. This enables the creation of different haptic effects so that users can easily
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`distinguish, for example, a calendar alert from a text message alert or an incoming call.
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`5.
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`Pressure-enabled haptics is a form of haptics. For example, pressure-enabled
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`sensors may measure the pressure levels of contacts on the touchscreen. Separate haptic effects
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`may be configured for different interactions with graphical objects, for example, touching
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`graphical objects on the touchscreen and applying pressure at varying pressure levels. Different
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`haptic effects may be provided depending on the pressure level of the contact on the touchscreen
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`in relation to predefined pressure thresholds.
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`6.
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`Haptics, including pressure-enabled haptics, can be incorporated into many
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`features of a smartphone or laptop. For example, it is especially useful in electronic devices
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`containing touchscreens, which tend to have very few physical buttons. For example, a
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`particular haptic effect may be used when the pressure level of the contact on the touchscreen is
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`less than a first pressure threshold, or a particular haptic effect may be used when the pressure
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`level of the contact on the touchscreen is between the first pressure threshold and a second
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`pressure threshold. As another example, haptic effects in a pressure-enabled mobile device may
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`be provided depending on whether certain conditions are met by the user's interaction with the
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`pressure-enabled touch sensor. For example, a user may interact with a displayed graphical
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`object on the touchscreen by applying pressure to the touchscreen. The pressure-enabled touch
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`sensor may receive contact data from the interaction and the mobile device may determine a
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`gesture based on the contact data. As an example, if the pressure is greater than a pressure
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`threshold and the change in pressure is greater than a change in pressure threshold and a time
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`interval has elapsed, a haptic effect may be provided. In this way, the user's intended interaction
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`may be accurately determined based on contact data from the pressure-enabled touch sensor, and
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`the user experience enhanced.
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`7.
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`Haptic effects, including pressure-enabled haptics, may also be used to confirm
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`receipt of a command and indicate that a command is unrecognized. For example, a user may
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`issue a command by interacting with a graphical object on a touchscreen, e.g., by applying a
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`certain level of pressure to the touchscreen. If the user input is recognized and the command is
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`determined, the mobile electronic device may provide a haptic effect confirming receipt of the
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`command. Otherwise, the mobile electronic device may provide a second haptic effect. The
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`second haptic effect may indicate, for example, that the user input is unrecognized or that a
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`corresponding command was not found. Haptic feedback confirming receipt of a command
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`provides a more realistic and responsive user experience, informing the user via tactile sensation
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`whether the user's input was recognized and the command was determined.
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`8.
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`Immersion's hard work and ingenuity in the field of haptics has resulted in
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`extensive intellectual property protection for Immersion's innovations. This protection includes
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`more than 2,100 world-wide granted and pending patents, including the patents-in-suit.
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`9.
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`Haptics play a central role in Defendants' products. For example, important
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`features of the current generation of Apple iPhones are promoted under the names "3D Touch"
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`and "Taptic Engine." These features of the Apple iPhone 6s and 6s Plus provide haptic
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`feedback, including feedback based on pressure-sensitive interactions with the touch screen.
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`Apple and AT&T tout this functionality on their websites. See, e.g., Apple, iPhone 6s –
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`3DTouch, http://www.apple.com/iphone-6s/3d-touch/ (3D Touch):
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`Case 1:16-cv-00325-RGA Document 1 Filed 05/05/16 Page 5 of 25 PageID #: 5
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`See also, e.g., http://www.apple.com/iphone-6s/technology/ (Taptic Engine):
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`See also, e.g., https://www.att.com/cellphones/iphone/iphone-6s.html (3D Touch advertised by
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`AT&T):
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`10.
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`Similarly, important haptic features of the Apple MacBook, Apple MacBook Pro
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`13-inch, and Apple MacBook Pro 15-inch are promoted under the names "Force Touch" and
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`"Taptic Engine."
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` Apple
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`touts
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`this
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`functionality
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`on
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`its website.
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`
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`See
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`http://www.apple.com/macbook/design/:
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`Case 1:16-cv-00325-RGA Document 1 Filed 05/05/16 Page 7 of 25 PageID #: 7
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`11.
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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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`
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`remedy Defendants' infringement.
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`PARTIES
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`12.
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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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`13.
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`Defendant Apple Inc. ("Apple") is a California corporation with its principal place
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`of business at 1 Infinite Loop, Cupertino, CA 95014.
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`14.
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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 MacBook, Apple MacBook Pro 13-inch, Apple
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`MacBook Pro 15-inch, Apple iPhone 6s, and Apple iPhone 6s Plus. Apple maintains one or
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`more retail stores and numerous employees in this judicial district. Apple's retail stores in this
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`Case 1:16-cv-00325-RGA Document 1 Filed 05/05/16 Page 8 of 25 PageID #: 8
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`judicial district offer to sell and do sell infringing devices, including the Apple MacBook, Apple
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`MacBook Pro 13-inch, Apple MacBook Pro 15-inch, Apple iPhone 6s, and Apple iPhone 6s
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`Plus.
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`15.
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`Defendant AT&T Inc. is a Delaware corporation with its principal place of
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`business at 208 S. Akard Street, Dallas, TX 75202. Defendant AT&T Mobility LLC is a
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`Delaware limited liability company with its principal place of business at 1025 Lenox Park
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`Boulevard NE, Atlanta, GA 30319. AT&T Mobility LLC is a wholly-owned subsidiary of
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`AT&T Inc. Together, AT&T Inc. and AT&T Mobility LLC will be referred to as "AT&T."
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`16.
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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 6s and Apple iPhone 6s Plus. AT&T maintains
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`one or more retail stores and numerous employees in this judicial district. AT&T's retail stores
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`in this judicial district offer to sell and do sell infringing devices, including the Apple iPhone 6s
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`and Apple iPhone 6s Plus.
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`JURISDICTION AND VENUE
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`17.
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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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`18.
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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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`19.
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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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`20.
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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 6s and Apple iPhone 6s Plus, and questions of fact
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`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. 8,749,507)
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`21.
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`Immersion incorporates by reference paragraphs 1 through 20 as if set forth here
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`in full.
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`22.
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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. 8,749,507 (the "'507 patent"), entitled "Systems and Methods for Adaptive Interpretation of
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`Input from a Touch-Sensitive Input Device," which was duly issued on June 10, 2014. A copy
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`of the '507 patent is attached as Exhibit A.
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`23.
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`The '507 patent, in general, describes advances in providing haptic feedback in
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`certain mobile electronic devices such as mobile phones that receive contact data from
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`interactions with a touchscreen. The '507 patent teaches, among other things, systems and
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`methods in which the mobile electronic device determines a pressure and a change in pressure
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`based on contact data. The mobile electronic device outputs a haptic effect if the pressure is
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`greater than a pressure threshold, the change in pressure is greater than a change in pressure
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`threshold, and an interval has elapsed. Further details of the invention are described in the
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`specification and the claims.
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`24.
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`Defendants have infringed and are currently infringing the '507 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 '507
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`patent, including without limitation the Apple iPhone 6s and Apple iPhone 6s Plus.
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`25.
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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 '507 patent: the Apple iPhone 6s and Apple iPhone 6s
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`Plus. Immersion makes this preliminary identification of infringing apparatuses, products,
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`devices, processes, methods, acts, or other instrumentalities without the benefit of discovery or
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`claim construction in this action, and expressly reserves the right to augment, supplement, and
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`revise its identifications based on additional information obtained through discovery or
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`otherwise.
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`26.
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`Apple, AT&T, and their customers directly infringe the '507 patent using the
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`Apple iPhone 6s and Apple iPhone 6s Plus. The accused devices receive contact data from a
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`user's finger contacting the touch screen of the devices. The accused devices determine
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`interactions with displayed graphical objects. Then, the accused devices determine a "Peek" or
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`"Pop" press using pressure, change in pressure, and timing interval information. Additional
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`details relating to the accused devices and their infringement are in the possession of
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`Defendants.
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`27.
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`Defendants also indirectly infringe the '507 patent. Defendants are aware of the
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`'507 patent at least from the date of this Complaint. Additionally, on information and belief,
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`Defendants were aware of the '507 patent before the date of this Complaint, including without
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`limitation through Defendants' knowledge of Immersion and Immersion's disclosure of its
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`patents
`
`on
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`its website
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`(formerly
`
`located
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`at
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`http://www.immersion.com/haptics-
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`technology/patents/index.html and currently
`
`located at http://www.immersion.com/legal/
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`#patents). For example, Immersion's website specifically lists the '507 patent. 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
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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 Apple iPhone 6s and Apple iPhone 6s Plus infringed the '507 patent, or at a
`
`minimum believed there was a high probability that the Apple iPhone 6s and Apple iPhone 6s
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`Plus were covered by the '507 patent, but willfully blinded themselves to Immersion's patent and
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`the infringing nature of the Apple iPhone 6s and Apple iPhone 6s Plus.
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`28.
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`Defendants induced and are actively inducing infringement of the '507 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 '507 patent, including without limitation the
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`Apple iPhone 6s and Apple iPhone 6s Plus. For example, Defendant Apple provides directions,
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`instruction manuals, guides, and/or other materials that encourage and facilitate infringing use by
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`others. See, e.g., http://www.apple.com/iphone-6s/3d-touch/; http://www.apple.com/iphone-
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`6s/technology/; http://help.apple.com/iphone/9/. Defendant AT&T similarly provides directions,
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`instruction manuals, guides, and/or other materials that encourage and facilitate infringing use by
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`others.
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` See, e.g., http://www.att.com/wireless/iphone/; https://www.att.com/cellphones/
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`iphone/iphone-6s.html; http://www.att.com/esupport/iphonefaqs.jsp. The Defendants have sold
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`and are selling these products with the knowledge and intent that customers who buy the
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`products will use the products for their infringing use and therefore that customers have been and
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`are directly infringing the '507 patent.
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`29.
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`Defendants have contributorily infringed and are currently contributorily
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`infringing the '507 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 '507 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 '507 patent, and not staple articles or
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`commodities of commerce suitable for substantial noninfringing use.
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`30.
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`Defendants' infringement of the '507 patent has been and continues to be willful
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`and deliberate. Despite knowledge of the '507 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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`31.
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`As a direct and proximate result of Defendants' infringement of the '507 patent,
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`Immersion has suffered and will continue to suffer irreparable injury for which there is no
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`adequate remedy at law. Immersion has also been damaged and, until an injunction issues, will
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`continue to be 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. 7,808,488)
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`32.
`
`Immersion incorporates by reference paragraphs 1 through 20 as if set forth here
`
`in full.
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`33.
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`Immersion is the owner of the entire right, title, and interest in and to U.S. Patent
`
`No. 7,808,488 (the "'488 patent"), entitled "Method and Apparatus for Providing Tactile
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`Sensations," which was duly issued on Oct. 5, 2010. A copy of the '488 patent is attached as
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`Exhibit B.
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`34.
`
`The '488 patent, in general, describes advances in providing haptic feedback in
`
`certain mobile electronic devices such as mobile phones that have, among other things, a
`
`touchscreen and an actuator. The '488 patent teaches, among other things, systems and methods
`
`in which the mobile electronic device displays on the touchscreen a graphical object. When the
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`user touches the graphical object on the touchscreen using his or her finger, a signal is generated
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`indicating an object contacting the touchscreen and a pressure of the contact. The mobile
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`electronic device generates an actuator signal to the actuator to output a haptic effect based on
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`the user's interaction with the graphical object on the touchscreen. Haptic effects are output
`
`based on, among other things, the pressure of the contact in relation to pressure thresholds.
`
`Further details of the invention are described in the specification and the claims.
`
`35.
`
`Defendants have infringed and are currently infringing the '488 patent, in
`
`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 '488
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`patent, including without limitation the Apple iPhone 6s and Apple iPhone 6s Plus.
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`36.
`
`Based on the information presently available to it, Immersion alleges that at least
`
`the following apparatuses, products, devices, processes, methods, acts, or other instrumentalities
`
`infringe or are covered by claims of the '488 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.
`
`37.
`
`Apple, AT&T, and their customers directly infringe the '488 patent using the
`
`Apple iPhone 6s and Apple iPhone 6s Plus. When a user presses at a pressure level to trigger a
`
`"Peek" interaction on a software-generated object on the touch screen of the accused devices, the
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`processor receives a signal indicating the application of pressure from a user's finger contacting
`
`the touch screen, and transmits an actuator signal to the actuator in the accused devices (e.g., the
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`"Taptic Engine"), causing the actuator to output a first tactile sensation. Similarly, when the user
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`then presses at a greater pressure level to trigger a "Pop" interaction, a different, second tactile
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`sensation is produced. Additional details relating to the accused devices and their infringement
`
`are in the possession of Defendants.
`
`38.
`
`Defendants also indirectly infringe the '488 patent. Defendants are aware of the
`
`'488 patent at least from the date of this Complaint. Additionally, on information and belief,
`
`Defendants were aware of the '488 patent before the date of this Complaint, including without
`
`limitation through Defendants' knowledge of Immersion and Immersion's disclosure of its
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`Case 1:16-cv-00325-RGA Document 1 Filed 05/05/16 Page 15 of 25 PageID #: 15
`
`
`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 '488 patent. 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 Apple iPhone 6s and Apple iPhone 6s Plus infringed the '488 patent, or at a
`
`minimum believed there was a high probability that the Apple iPhone 6s and Apple iPhone 6s
`
`Plus were covered by the '488 patent, but willfully blinded themselves to Immersion's patent and
`
`the infringing nature of the Apple iPhone 6s and Apple iPhone 6s Plus.
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`39.
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`Defendants induced and are actively inducing infringement of the '488 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 '488 patent, including without limitation the
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`Apple iPhone 6s and Apple iPhone 6s Plus. For example, Defendant Apple provides directions,
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`instruction manuals, guides, and/or other materials that encourage and facilitate infringing use by
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`others. See, e.g., http://www.apple.com/iphone-6s/3d-touch/; http://www.apple.com/iphone-
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`6s/technology/; http://help.apple.com/iphone/9/. Defendant AT&T similarly provides directions,
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`instruction manuals, guides, and/or other materials that encourage and facilitate infringing use by
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`others.
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` See, e.g., http://www.att.com/wireless/iphone/; https://www.att.com/cellphones/
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`iphone/iphone-6s.html; http://www.att.com/esupport/iphonefaqs.jsp. The Defendants have sold
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`and are selling these products with the knowledge and intent that customers who buy the
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`products will use the products for their infringing use and therefore that customers have been and
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`are directly infringing the '488 patent.
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`40.
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`Defendants have contributorily infringed and are currently contributorily
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`infringing the '488 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 '488 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 '488 patent, and not staple articles or
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`commodities of commerce suitable for substantial noninfringing use.
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`41.
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`Defendants' infringement of the '488 patent has been and continues to be willful
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`and deliberate. Despite knowledge of the '488 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
`
`been known to the Defendants.
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`42.
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`As a direct and proximate result of Defendants' infringement of the '488 patent,
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`Immersion has suffered and will continue to suffer irreparable injury for which there is no
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`adequate remedy at law. Immersion has also been damaged and, until an injunction issues, will
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`continue to be damaged in an amount yet to be determined.
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`THIRD CLAIM FOR RELIEF FOR PATENT INFRINGEMENT
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`(U.S. Patent No. 8,581,710)
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`43.
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`Immersion incorporates by reference paragraphs 1 through 20 as if set forth here
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`in full.
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`Case 1:16-cv-00325-RGA Document 1 Filed 05/05/16 Page 17 of 25 PageID #: 17
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`44.
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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. 8,581,710 (the "'710 patent"), entitled "Systems and Methods for Haptic Confirmation of
`
`Commands," which was duly issued on Nov. 12, 2013. A copy of the '710 patent is attached as
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`Exhibit C.
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`45.
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`The '710 patent, in general, describes advances in providing haptic feedback in
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`certain mobile electronic devices such as mobile phones that have, among other things, a
`
`touchscreen and an actuator. The '710 patent teaches, among other things, systems and methods
`
`in which the mobile electronic device receives user input via the touchscreen. The mobile
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`electronic device generates an actuator signal to the actuator to output a first haptic effect if the
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`user input is recognized and a command is determined, confirming receipt of the command.
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`Otherwise, the mobile electronic device generates an actuator signal to the actuator to output a
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`second haptic effect. The second haptic effect may indicate that the user input is unrecognized
`
`or that a corresponding command was not found. Further details of the invention are described
`
`in the specification and the claims.
`
`46.
`
`Defendants have infringed and are currently infringing the '710 patent, in
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`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 '710
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`patent, including without limitation the Apple iPhone 6s and Apple iPhone 6s Plus.
`
`47.
`
`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
`
`infringe or are covered by claims of the '710 patent: the Apple iPhone 6s and Apple iPhone 6s
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`Plus. Immersion makes this preliminary identification of infringing apparatuses, products,
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`devices, processes, methods, acts, or other instrumentalities without the benefit of discovery or
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`claim construction in this action, and expressly reserves the right to augment, supplement, and
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`revise its identifications based on additional information obtained through discovery or
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`otherwise.
`
`48.
`
`Apple, AT&T, and their customers directly infringe the '710 patent using the
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`Apple iPhone 6s and Apple iPhone 6s Plus. For example, when a user of the accused devices
`
`attempts to access the "Quick Actions" associated with an application by applying pressure on
`
`the touchscreen, a first haptic effect will be output if the application supports "Quick Actions."
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`Otherwise, a second haptic effect will be output to the housing of the device, indicating that the
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`application does not support "Quick Actions." Additional details relating to the accused devices
`
`and their infringement are in the possession of Defendants.
`
`49.
`
`Defendants also indirectly infringe the '710 patent. Defendants are aware of the
`
`'710 patent at least from the date of this Complaint. Additionally, on information and belief,
`
`Defendants were aware of the '710 patent before the date of this Complaint, including without
`
`limitation through Defendants' knowledge of Immersion 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 '710 patent. Additionally, on
`
`information and belief, the relevance of Immersion's leading portfolio of haptic patents is well-
`
`