Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 1 of 23 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. __________________
`
`JURY TRIAL DEMANDED
`
`)))))))))))
`
`ALEX IS THE BEST, LLC,
`
`Plaintiff,
`
`v.
`
`TCT MOBILE, INC.,
`TCT MOBILE (US) INC., and
`TCT MOBILE (US) HOLDINGS INC.,
`
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Alex is the Best, LLC. (“AITB” or “Plaintiff”), by and through its undersigned
`
`counsel, brings this complaint for patent infringement against TCT Mobile, Inc., TCT Mobile
`
`(US) Inc., and TCT Mobile (US) Holdings Inc. (collectively, “Defendants”). In support of this
`
`complaint, AITB alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement of United States Patent Nos. 7,633,524
`
`(the “’524 Patent”), 7,907,172 (the “’172 Patent”), 8,134,600 (the “’600 Patent”), 8,477,197 (the
`
`“’197 Patent”), 8,581,991 (the “’991 Patent”), 8,947,542 (the “’542 Patent”) and 9,197,806 (the
`
`“’806 Patent” and collectively with the ’524, ’172, ’600, ’197, ’991, and ’542 Patents, the
`
`“Patents-in-Suit”) under the patent laws of the United States, 35 U.S.C. § 1 et seq., seeking
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`damages and other relief under 35 U.S.C. § 281 et seq.
`
`THE PARTIES
`
`2.
`
`Plaintiff AITB is a limited liability company organized under the laws of the state
`
`of New York with its principal place of business at 75 82nd St., Brooklyn, New York 11209.
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`

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`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 2 of 23 PageID #: 2
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`Frank Clemente is the inventor or co-inventor of the Patents-in-Suit and the managing member
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`of AITB.
`
`3.
`
`Upon information and belief, Defendant TCT Mobile, Inc.
`
`is a corporation
`
`formed under the laws of the State of Delaware, with its principal place of business located at 25
`
`Edelman, Suite 200, Irvine, California 92618. TCT Mobile, Inc. may be served with process
`
`through its registered agent, the Corporation Services Company, 2711 Centerville Road, Suite
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`400, Wilmington, Delaware 19808.
`
`4.
`
`Upon information and belief, Defendant TCT Mobile (US) Inc. is a corporation
`
`formed under the laws of the State of Delaware, with its principal place of business located at 25
`
`Edelman, Suite 200, Irvine, California 92618. TCT Mobile (US) Inc. may be served with process
`
`through its registered agent, the Corporation Services Company, 2711 Centerville Road, Suite
`
`400, Wilmington, Delaware 19808.
`
`5.
`
`Upon information and belief, Defendant TCT Mobile (US) Holdings Inc. is a
`
`corporation formed under the laws of the State of Delaware, with its principal place of business
`
`located at 25 Edelman, Suite 200, Irvine, California 92618. TCT Mobile (US) Holdings Inc.
`
`may be served with process through its registered agent, the Corporation Services Company,
`
`2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.
`
`JURISDICTION AND VENUE
`
`6.
`
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§1331, 1338(a) and 1367 because the action arises under the patent laws of the United States,
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`35 U.S.C. §§1 et seq.
`
`7.
`
`This Court has personal
`
`jurisdiction over Defendants by virtue of
`
`its
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`systematic and continuous contacts with this jurisdiction and as a result of the injury Defendants
`
`caused to AITB and the causes of action AITB has raised, as alleged herein.
`
`2
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`

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`8.
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`Defendants are subject to this Court’s specific and general personal jurisdiction
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`pursuant to due process and/or the Delaware Long-Arm Statute, due to at least their substantial
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`business in this forum, including: (i) at least a portion of the infringement alleged herein; and
`
`(ii) regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or
`
`deriving substantial revenue from goods and services provided to individuals in this District.
`
`9.
`
`Defendants have conducted and conducts business within this District, directly
`
`or through intermediaries, resellers, agents, or offer to sell, sell, and/or advertise (including the
`
`use of interactive web pages with promotional material) products in this District that infringe the
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`Asserted Patent.
`
`10.
`
`In addition to Defendants’ continuous and systematic conduct of business in
`
`this District,
`
`the causes of action against Defendants are connected (but not
`
`limited) to
`
`Defendants’ purposeful acts committed in this District, including Defendants’ making, using,
`
`importing, offering to sell, or selling products which include features that fall within the scope
`
`of at least one claim of the Patents-in-Suit.
`
`11.
`
`Venue lies in this District under 28 U.S.C. §§1391 and 1400(b) because, among
`
`other reasons, Defendants are subject to personal jurisdiction in this District, and has committed
`
`and continues to commit acts of patent infringement in this District. For example, Defendants
`
`have used, sold, offered to sell, and/or imported infringing products in this District.
`
`THE PATENTS-IN-SUIT
`
`12.
`
`On December 15, 2009, the United States Patent and Trademark Office (the
`
`“PTO”) duly and legally issued the ’524 Patent, entitled “Integrated internet camera system”
`
`after a full and fair examination to inventors Frank Clemente and Ted Feaser. AITB is presently
`
`the owner by assignment of the ’524 Patent, having received all rights, title, and interest in and to
`
`3
`
`

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`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 4 of 23 PageID #: 4
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`the ’524 Patent. AITB possesses all rights of recovery under the ’524 Patent, including the
`
`exclusive right to recover for past infringement. A true and correct copy of the ’524 Patent is
`
`attached to this Complaint as Exhibit A.
`
`13.
`
`On March 15, 2011, the PTO duly and legally issued the ’172 Patent, entitled
`
`“Integrated internet camera system” after a full and fair examination to inventors Frank
`
`Clemente and Ted Feaser. AITB is presently the owner by assignment of the ’172 Patent, having
`
`received all rights, title, and interest in and to the ’172 Patent. AITB possesses all rights of
`
`recovery under the ’172 Patent, including the exclusive right to recover for past infringement. A
`
`true and correct copy of the ’172 Patent is attached to this Complaint as Exhibit B.
`
`14.
`
`On March 13, 2012, the PTO duly and legally issued the ’600 Patent, entitled
`
`“Internet direct device” after a full and fair examination to inventors Frank Clemente and Ted
`
`Feaser. AITB is presently the owner by assignment of the ’600 Patent, having received all rights,
`
`title, and interest in and to the ’600 Patent. AITB possesses all rights of recovery under the ’600
`
`Patent, including the exclusive right to recover for past infringement. A true and correct copy of
`
`the ’600 Patent is attached to this Complaint as Exhibit C.
`
`15.
`
`On July 2, 2013, the PTO duly and legally issued the ’197 Patent, entitled
`
`“Internet direct device” after a full and fair examination to inventors Frank Clemente and Ted
`
`Feaser. AITB is presently the owner by assignment of the ’197 Patent, having received all rights,
`
`title, and interest in and to the ’197 Patent. AITB possesses all rights of recovery under the ’197
`
`Patent, including the exclusive right to recover for past infringement. A true and correct copy of
`
`the ’197 Patent is attached to this Complaint as Exhibit D.
`
`16.
`
`On November 12, 2013, the PTO duly and legally issued the ’991 Patent, entitled
`
`“Integrated internet camera system and method” after a full and fair examination to inventor
`
`4
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`

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`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 5 of 23 PageID #: 5
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`Frank Clemente. AITB is presently the owner by assignment of the ’991 Patent, having received
`
`all rights, title, and interest in and to the ’991 Patent. AITB possesses all rights of recovery
`
`under the ’991 Patent, including the exclusive right to recover for past infringement. A true and
`
`correct copy of the ’991 Patent is attached to this Complaint as Exhibit E.
`
`17.
`
`On February 3, 2015, the PTO duly and legally issued the ’542 Patent, entitled
`
`“Integrated internet camera system and method” after a full and fair examination to inventor
`
`Frank Clemente. AITB is presently the owner by assignment of the ’542 Patent, having received
`
`all rights, title, and interest in and to the ’542 Patent. AITB possesses all rights of recovery
`
`under the ’542 Patent, including the exclusive right to recover for past infringement. A true and
`
`correct copy of the ’542 Patent is attached to this Complaint as Exhibit F.
`
`18.
`
`On November 24, 2015, the PTO duly and legally issued the ’806 Patent, entitled
`
`“Integrated internet camera system and method” after a full and fair examination to inventor
`
`Frank Clemente. AITB is presently the owner by assignment of the ’806 Patent, having received
`
`all rights, title, and interest in and to the ’806 Patent. AITB possesses all rights of recovery
`
`under the ’806 Patent, including the exclusive right to recover for past infringement. A true and
`
`correct copy of the ’806 Patent is attached to this Complaint as Exhibit G.
`
`DESCRIPTION OF THE ACCUSED INSTRUMENTALITIES
`
`19.
`
`The mobile devices made available in the United States by Defendant, including,
`
`but not limited to, the Alcatel AT&T Trek HD, Onetouch Idol Series, Onetouch Pixi Series,
`
`Ideal, Idol 4S, Onetouch Conquest, Onetouch Elevate, Onetouch Evolve 2, Onetouch Fierce XL,
`
`Onetouch Flint, Onetouch Go Play, Onetouch Pop Astro, and Onetouch Pop 7 LTE for T-
`
`Mobile (collectively the “Accused Instrumentalities”), comprise portable, Internet direct devices
`
`complete with multiple cameras, at least one microprocessor, a display, and communications
`
`5
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`

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`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 6 of 23 PageID #: 6
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`equipment capable of connecting the devices to the Internet and a Website Archive and Review
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`Center (“WSARC”), using multiple modes of communication.
`
`20.
`
`For example, the Accused Instrumentalities each include a front facing and rear
`
`facing camera, each complete with necessary image sensors and processing capability to capture
`
`still photos and video, a microphone capable of capturing audio with video capture, a display,
`
`and
`
`at
`
`least
`
`one microprocessor
`
`as
`
`indicated
`
`on
`
`the
`
`following websites:
`
`http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd,
`
`http://www.alcatelonetouch
`
`.us/alcatel-onetouch-idoltm-3-4-7-smartphone-unlocked/, http://www.alcatelonetouch.us/pixitm-
`
`7, http://www.alcatelonetouch.us/alcatel-idealtm, http://www.alcatelonetouch.us/idol-4s-5-inch-
`
`vr-smartphone,
`
`http://www.alcatelonetouch.us/alcatel-onetouch-conquest-smartphone,
`
`http://
`
`www.alcatelonetouch.us/alcatel-onetouch-elevate-smartphone,
`
`http://www.alcatelonetouch
`
`.us/alcatel-onetouch-evolve-2,
`
`http://www.alcatelonetouch.us/alcatel-onetouch-fierce-8482-xl,
`
`http://www.bestbuy.com/site/cricket-wireless-alcatel-onetouch-flint-4g-with-16gb-memory-
`
`prepaid-cell-phone/5215801.p?id=bb5215801&skuId=5215801,
`
`http://www.alcatelonetouch
`
`.us/alcatel-onetouch-go-play,
`
`http://www.alcatelonetouch.us/alcatel-onetouch-pop-astro,
`
`and
`
`http://www.alcatelonetouch.us/the-alcatel-onetouch-poptm-7-lte, visited on July 22, 2016 .
`
`21.
`
`The Accused Instrumentalities are observed to be programmed to facilitate
`
`automated backup of photos and video in a manner that also makes said photos and video
`
`accessible via a web browser, i.e., a WSARC, and to facilitate automatic transfer of video and
`
`audio data to another mobile device (e.g. through video chatting).
`
`22.
`
`Finally,
`
`the Accused Instrumentalities, once configured, are observed to be
`
`programmed to connect to a network, and thereafter to the WSARC, automatically on power up
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`6
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`

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`and to automatically switch to another mode of communication when the primary mode of
`
`communication is not available.
`
`COUNT I
`INFRINGEMENT OF THE ’524 PATENT
`
`23.
`
`24.
`
`AITB repeats and realleges paragraphs 1-22 as if fully set forth herein.
`
`AITB is the owner of the ’524 Patent. AITB’s ownership of the ’524 Patent is
`
`based on an assignment, by the inventors Frank Clemente and Ted Feaser, which was duly
`
`recorded with the PTO on April 5, 2011.
`
`25.
`
`Defendants provide a product known as Alcaltel OneTouch AT&T Trek ® HD
`
`4G LTE Tablet.
`
`26.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet infringes at least claim
`
`1 of the ’524 Patent.
`
`27.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE is observed to come pre-
`
`installed with an application (“the Application”) that allows users to automatically upload still
`
`and video images to an online account, a WSARC, to which a registered user can connect via an
`
`internet web page to manage said still or video images.
`
`28.
`
`The Application, along with the Alcaltel OneTouch AT&T Trek ® HD 4G LTE
`
`itself, constitute components of an integrated Internet camera system as described in the ’524
`
`Patent.
`
`29.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes a 5MP main camera
`
`as well as a 2MP front camera, each for capturing an image, as indicated by visiting
`
`http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd on July 22, 2016.
`
`7
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`

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`30.
`
`Using the backup and synchronization feature of the Application, the Alcaltel
`
`OneTouch AT&T Trek ® HD 4G LTE is observed to transmit captured still or video images to a
`
`WSARC upon image capture and receives stored images from the WSARC.
`
`31.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes an 8” 1280x800
`
`display, as indicated by visiting http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd on
`
`July 22, 2016.
`
`32.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE is observed to automatically
`
`connect to Wi-Fi on power-up. Wi-Fi is one of a plurality of available modes of connection
`
`available to the Alcaltel OneTouch AT&T Trek ® HD 4G LTE and is observed to be designated
`
`as the primary mode of connection as the Alcaltel OneTouch AT&T Trek ® HD 4G LTE will
`
`use Wi-Fi when available in favor of a cellular connection, presumably in order to reduce mobile
`
`data usage.
`
`33.
`
`Further, upon inspecting background apps after the Alcaltel OneTouch AT&T
`
`Trek ® HD 4G LTE has been power-cycled, the Application can be seen running, meaning the
`
`Alcaltel OneTouch AT&T Trek ® HD 4G LTE automatically connects to the WSARC on power
`
`up.
`
`34.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE is observed to automatically
`
`switch to use its cellular data connection when it detects that the Wi-Fi connection is unavailable.
`
`35.
`
`The foregoing features of the Alcaltel OneTouch AT&T Trek ® HD 4G LTE
`
`Tablet, and Defendants’ provision thereof, reflect past and ongoing direct infringement by
`
`Defendants by satisfying every element of at least claim 1 of the ’524 Patent, under 35 U.S.C.
`
`§ 271(a), literally and/or under the doctrine of equivalents, by practicing each and every method
`
`8
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`

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`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 9 of 23 PageID #: 9
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`step recited in said claim, thereby constituting use of the claimed subject matter, without AITB’s
`
`authorization, in the United States, during the term of the ’524 Patent.
`
`36.
`
`The foregoing specifically alleges facts showing that Defendants, through their
`
`provision of the Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet, have and continue to
`
`infringe at least claim 1 of the ’524 Patent. AITB reserves the right to assert other claims of the
`
`’524 Patent herein and to pursue related discovery and infringement allegations against
`
`Defendants.
`
`37.
`
`Defendant also provides products known as Onetouch Idol Series, Onetouch Pixi
`
`Series, Ideal, Idol 4S, Onetouch Conquest, Onetouch Elevate, Onetouch Evolve 2, Onetouch
`
`Fierce XL, Onetouch Flint, Onetouch Go Play, Onetouch Pop Astro, and Onetouch Pop 7 LTE
`
`for T-Mobile (hereafter the “Additional Accused Products”). The Additional Accused Products
`
`each include all necessary hardware elements and operating system and work as described above.
`
`In addition, pre-installed applications, which would include the Application, are advertised
`
`features of the Additional Accused Products.
`
`38.
`
`AITB has suffered and will continue to suffer damages as a result of Defendants’
`
`infringement of the ’524 Patent, in an amount to be proven at trial.
`
`COUNT II
`INFRINGEMENT OF THE ’172 PATENT
`
`39.
`
`40.
`
`AITB repeats and realleges paragraphs 1-38 as if fully set forth herein.
`
`AITB is the owner of the ’172 Patent. AITB’s ownership of the ’172 Patent is
`
`based on an assignment, by the inventors Frank Clemente and Ted Feaser, which was duly
`
`recorded with the PTO on April 5, 2011.
`
`41.
`
`Defendants provide a product and service known as Alcaltel OneTouch AT&T
`
`Trek ® HD 4G LTE Tablet.
`
`9
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`

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`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 10 of 23 PageID #: 10
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`42.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet infringes at least claim
`
`1 of the ’172 Patent.
`
`43.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE allows the user to access the
`
`Internet through a variety of communication networks, including but not limited to Wi-Fi and
`
`FDD-LTE as indicated by visiting http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd
`
`on July 22, 2016.
`
`44.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes a 5MP main camera
`
`as well as a 2MP front camera, each for capturing both still and video images as indicated by
`
`visiting http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd on July 22, 2016.
`
`45.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes a Qualcomm
`
`Snapdragon 400 processor as indicated by visiting http://www.alcatelonetouch.us/alcatel-
`
`onetouch-at-t-trek-hd on July 22, 2016, which is observed to be used, along with the backup and
`
`synchronization feature of the Application, to transmit said captured still or video images to an
`
`account associated with the Internet direct device on a WSARC upon image capture, and to
`
`receive stored images from the WSARC.
`
`46.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE is observed to automatically
`
`connect to Wi-Fi on power-up. Wi-Fi is one of a plurality of available modes of connection
`
`available to the Alcaltel OneTouch AT&T Trek ® HD 4G LTE and is observed to be designated
`
`as the primary mode of connection as the Alcaltel OneTouch AT&T Trek ® HD 4G LTE will
`
`use Wi-Fi when available in favor of a cellular connection, presumably in order to reduce mobile
`
`data usage.
`
`47.
`
`Further, upon inspecting background apps after the Alcaltel OneTouch AT&T
`
`Trek ® HD 4G LTE has been power-cycled, the Application can be seen running, meaning the
`
`10
`
`

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`Alcaltel OneTouch AT&T Trek ® HD 4G LTE automatically connects to the WSARC on power
`
`up.
`
`48.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE is observed to automatically
`
`switch to use its cellular data connection when it detects that the Wi-Fi connection is unavailable.
`
`49.
`
`The foregoing features of Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet,
`
`and Defendants’ provision thereof, reflect past and ongoing direct infringement by Defendants
`
`satisfying every element of at least claim 1 of the ’172 Patent, under 35 U.S.C. § 271(a), literally
`
`and/or under the doctrine of equivalents, by practicing each and every method step recited in said
`
`claim, thereby constituting use of the claimed subject matter, without AITB’s authorization, in
`
`the United States, during the term of the ’172 Patent.
`
`50.
`
`The foregoing specifically alleges facts showing that Defendants, through their
`
`provision of the Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet, have and continue to
`
`infringe at least claim 1 of the ’172 Patent. AITB reserves the right to assert other claims of the
`
`’172 Patent herein and to pursue related discovery and infringement allegations against
`
`Defendants.
`
`51.
`
`Further, the Additional Accused Products each include all necessary hardware
`
`elements and operating system and work as described above.
`
`In addition, pre-installed
`
`applications, which would include the Application, are advertised features of the Additional
`
`Accused Products.
`
`52.
`
`AITB has suffered and will continue to suffer damages as a result of Defendants’
`
`infringement of the ’172 Patent, in an amount to be proven at trial.
`
`COUNT III
`INFRINGEMENT OF THE ’600 PATENT
`
`53.
`
`AITB repeats and realleges paragraphs 1-52 as if fully set forth herein.
`
`11
`
`

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`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 12 of 23 PageID #: 12
`
`54.
`
`AITB is the owner of the ’600 Patent. AITB’s ownership of the ’600 Patent is
`
`based on an assignment, by the inventors Frank Clemente and Ted Feaser, which was duly
`
`recorded with the PTO on April 5, 2011.
`
`55.
`
`Defendants provide a product and service known as Alcaltel OneTouch AT&T
`
`Trek ® HD 4G LTE Tablet.
`
`56.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet infringes at least claim
`
`1 of the ’600 Patent.
`
`57.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE allows the user to access the
`
`Internet through a variety of communication networks, including but not limited to Wi-Fi and
`
`FDD-LTE as indicated by visiting http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd
`
`on July 22, 2016.
`
`58.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes a 5MP main camera
`
`as well as a 2MP front camera, each for capturing both still and video images as indicated by
`
`visiting http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd on July 22, 2016.
`
`59.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes a Qualcomm
`
`Snapdragon 400 processor as indicated by visiting http://www.alcatelonetouch.us/alcatel-
`
`onetouch-at-t-trek-hd on July 22, 2016, which is observed to be used, along with a pre-installed
`
`application for video conferencing (the “Video Conferencing Application”), to transmit said
`
`captured video images to another Internet direct device upon image capture, and to receive video
`
`images from the other Internet direct device.
`
`60.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE is observed to automatically
`
`connect to Wi-Fi on power-up. Wi-Fi is one of a plurality of available modes of connection
`
`available to the Alcaltel OneTouch AT&T Trek ® HD 4G LTE and is observed to be designated
`
`12
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`

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`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 13 of 23 PageID #: 13
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`as the primary mode of connection as the Product will use Wi-Fi when available in favor of a
`
`cellular connection, presumably in order to reduce mobile data usage.
`
`61.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE is observed to automatically
`
`switch to use its cellular data connection when it detects that the Wi-Fi connection is unavailable.
`
`62.
`
`The foregoing features of Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet,
`
`and Defendants’ provision thereof, reflect past and ongoing direct infringement by Defendants
`
`by satisfying every element of at least claim 1 of the ’600 Patent, under 35 U.S.C. § 271(a),
`
`literally and/or under the doctrine of equivalents, by practicing each and every method step
`
`recited in said claim, thereby constituting use of the claimed subject matter, without AITB’s
`
`authorization, in the United States, during the term of the ’600 Patent.
`
`63.
`
`The foregoing specifically alleges facts showing that Defendants, through their
`
`provision of Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet, have and continue to
`
`infringe at least claim 1 of the ’600 Patent. AITB reserves the right to assert other claims of the
`
`’600 Patent herein and to pursue related discovery and infringement allegations against
`
`Defendants.
`
`64.
`
`Further, the Additional Accused Products each include all necessary hardware
`
`elements and operating system and work as described above.
`
`In addition, pre-installed
`
`applications, which would include the Video Conferencing Application, are advertised features
`
`of the Additional Accused Products.
`
`65.
`
`AITB has suffered and will continue to suffer damages as a result of Defendants’
`
`infringement of the ’600 Patent, in an amount to be proven at trial.
`
`COUNT IV
`INFRINGEMENT OF THE ’197 PATENT
`
`66.
`
`AITB repeats and realleges paragraphs 1-65 as if fully set forth herein.
`
`13
`
`

`

`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 14 of 23 PageID #: 14
`
`67.
`
`AITB is the owner of the ’197 Patent. AITB’s ownership of the ’197 Patent is
`
`based on an assignment, by the inventors Frank Clemente and Ted Feaser, which was duly
`
`recorded with the PTO on April 5, 2011.
`
`68.
`
`Defendants provide a product and service known as Alcaltel OneTouch AT&T
`
`Trek ® HD 4G LTE Tablet.
`
`69.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet infringes at least claim
`
`1 of the ’197 Patent.
`
`70.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE allows the user to access the
`
`Internet through a variety of communication networks, including but not limited to Wi-Fi and
`
`FDD-LTE as indicated by visiting http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd
`
`on July 22, 2016.
`
`71.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes a 5MP main camera
`
`as well as a 2MP front camera, each for capturing both still and video images as indicated by
`
`visiting http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd on July 22, 2016.
`
`72.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes a Qualcomm
`
`Snapdragon 400 processor as indicated by visiting http://www.alcatelonetouch.us/alcatel-
`
`onetouch-at-t-trek-hd on July 22, 2016, which is observed to be used, along with the backup and
`
`synchronization feature of the Application, to transmit said captured still or video images to an
`
`account associated with the Internet direct device on a WSARC upon image capture, and to
`
`receive stored images from the WSARC.
`
`73.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE is observed to automatically
`
`connect to Wi-Fi on power-up. Wi-Fi is one of a plurality of available modes of connection
`
`available to the Alcaltel OneTouch AT&T Trek ® HD 4G LTE and is observed to be designated
`
`14
`
`

`

`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 15 of 23 PageID #: 15
`
`as the primary mode of connection as the Alcaltel OneTouch AT&T Trek ® HD 4G LTE will
`
`use Wi-Fi when available in favor of a cellular connection, presumably in order to reduce mobile
`
`data usage.
`
`74.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE is observed to automatically
`
`switch to use its cellular data connection when it detects that the Wi-Fi connection is unavailable.
`
`75.
`
`The foregoing features of Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet,
`
`and Defendants’ provision thereof, reflect past and ongoing direct infringement by Defendants
`
`by satisfying every element of at least claim 1 of the ’197 Patent, under 35 U.S.C. § 271(a),
`
`literally and/or under the doctrine of equivalents, by practicing each and every method step
`
`recited in said claim, thereby constituting use of the claimed subject matter, without AITB’s
`
`authorization, in the United States, during the term of the ’197 Patent.
`
`76.
`
`The foregoing specifically alleges facts showing that Defendants, through their
`
`provision of the Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet, have and continue to
`
`infringe at least claim 1 of the ’197 Patent. AITB reserves the right to assert other claims of the
`
`’197 Patent herein and to pursue related discovery and infringement allegations against
`
`Defendants.
`
`77.
`
`Further, the Additional Accused Products each include all necessary hardware
`
`elements and operating system and work as described above.
`
`In addition, pre-installed
`
`applications, which would include the Application, are advertised features of the Additional
`
`Accused Products.
`
`78.
`
`AITB has suffered and will continue to suffer damages as a result of Defendants’
`
`infringement of the ’197 Patent, in an amount to be proven at trial.
`
`COUNT V
`INFRINGEMENT OF THE ’991 PATENT
`
`15
`
`

`

`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 16 of 23 PageID #: 16
`
`79.
`
`80.
`
`AITB repeats and realleges paragraphs 1-78 as if fully set forth herein.
`
`AITB is the owner of the ’991 Patent. AITB’s ownership of the ’991 Patent is
`
`based on an assignment, by the inventor Frank Clemente, which was duly recorded with the PTO
`
`on June 7, 2013.
`
`81.
`
`Defendants provide a product and service known as Alcaltel OneTouch AT&T
`
`Trek ® HD 4G LTE Tablet.
`
`82.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet infringes at least claim
`
`1 of the ’991 Patent.
`
`83.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE allows the user to access the
`
`Internet through a variety of communication networks, including but not limited to Wi-Fi and
`
`FDD-LTE as indicated by visiting http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd
`
`on July 22, 2016, thereby performing a method for transmitting still and video images using
`
`further elements and functionality described below.
`
`84.
`
`As discussed herein, the Alcaltel OneTouch AT&T Trek ® HD 4G LTE is
`
`observed to automatically connect to Wi-Fi on power-up. Wi-Fi is one of a plurality of available
`
`modes of connection available to the Alcaltel OneTouch AT&T Trek ® HD 4G LTE and is
`
`observed to be designated as the primary mode of connection as the Alcaltel OneTouch AT&T
`
`Trek ® HD 4G LTE will use Wi-Fi when available in favor of a cellular connection, presumably
`
`in order to reduce mobile data usage.
`
`85.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes a 5MP main camera
`
`as well as a 2MP front camera, each for capturing both still and video images as indicated by
`
`visiting http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd on July 22, 2016.
`
`16
`
`

`

`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 17 of 23 PageID #: 17
`
`86.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes a Qualcomm
`
`Snapdragon 400 processor as indicated by visiting http://www.alcatelonetouch.us/alcatel-
`
`onetouch-at-t-trek-hd on July 22, 2016, which is observed to be used, along with the backup and
`
`synchronization feature of the Application, to transmit said captured still or video images to an
`
`account associated with the Internet direct device on a WSARC upon image capture, and to
`
`receive stored images from the WSARC.
`
`87.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE is observed to automatically
`
`switch to use its cellular data connection when it detects that the Wi-Fi connection is unavailable.
`
`88.
`
`The foregoing features of the Alcaltel OneTouch AT&T Trek ® HD 4G LTE
`
`Tablet, and Defendants’ provision thereof, reflect past and ongoing direct infringement by
`
`Defendants satisfying every element of at least claim 1 of the ’991 Patent, under 35 U.S.C.
`
`§ 271(a), literally and/or under the doctrine of equivalents, by practicing each and every method
`
`step recited in said claim, thereby constituting use of the claimed subject matter, without AITB’s
`
`authorization, in the United States, during the term of the ’991 Patent.
`
`89.
`
`The foregoing specifically alleges facts showing that Defendants, through their
`
`provision of the Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet, have and continue to
`
`infringe at least claim 1 of the ’991 Patent. AITB reserves the right to assert other claims of the
`
`’991 Patent herein and to pursue related discovery and infringement allegations against
`
`Defendants.
`
`90.
`
`Further, the Additional Accused Products each include all necessary hardware
`
`elements and operating system and work as described above.
`
`In addition, pre-installed
`
`applications, which would include the Application, are advertised features of the Additional
`
`Accused Products.
`
`17
`
`

`

`Case 1:16-cv-00772-RGA Document 1 Filed 09/02/16 Page 18 of 23 PageID #: 18
`
`91.
`
`AITB has suffered and will continue to suffer damages as a result of Defendants’
`
`infringement of the ’991 Patent, in an amount to be proven at trial.
`
`COUNT VI
`INFRINGEMENT OF THE ’542 PATENT
`
`92.
`
`93.
`
`AITB repeats and realleges paragraphs 1-91 as if fully set forth herein.
`
`AITB is the owner of the ’542 Patent. AITB’s ownership of the ’542 Patent is
`
`based on an assignment, by the inventor Frank Clemente, which was duly recorded with the PTO
`
`on October 14, 2013.
`
`94.
`
`Defendants provide a product known as Alcaltel OneTouch AT&T Trek ® HD
`
`4G LTE Tablet.
`
`95.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE Tablet infringes at least claim
`
`1 of the ’542 Patent.
`
`96.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE allows the user to access the
`
`Internet through a variety of communication networks, including but not limited to Wi-Fi and
`
`FDD-LTE as indicated by visiting http://www.alcatelonetouch.us/alcatel-onetouch-at-t-trek-hd
`
`on July 22, 2016.
`
`97.
`
`The Alcaltel OneTouch AT&T Trek ® HD 4G LTE includes a 5MP main camera
`
`as well as a 2MP front camera, each for capturing video images as indic