Case 1:18-cv-01844-RGA-SRF Document 1 Filed 11/20/18 Page 1 of 7 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`Civil Action No.
`
`
`JURY TRIAL DEMANDED
`
`
`UNILOC 2017 LLC,
`
`
`
`v.
`
`MOTOROLA MOBILITY, LLC,
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`COMPLAINT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its Complaint against defendant, Motorola
`
`Mobility, LLC (“Motorola”), alleges:
`
`
`
`THE PARTIES
`
`1.
`
`Uniloc 2017 LLC is a Delaware limited liability company having addresses at
`
`1209 Orange Street, Wilmington, Delaware 19801; 620 Newport Center Drive, Newport Beach,
`
`California 92660; and 102 N. College Avenue, Suite 303, Tyler, Texas 75702.
`
`2.
`
`Uniloc owns all substantial rights, interest, and title in U.S. Patent No. 6,836,654,
`
`entitled ANTI-THEFT PROTECTION FOR A RADIOTELEPHONY DEVICE, issued
`
`December 28, 2004 (“the ’654 Patent”). A copy of the ’654 Patent is attached as Exhibit A.
`
`3.
`
`Motorola is a Delaware corporation having a regular and established place of
`
`business in or around Chicago, Illinois.
`
`
`
`JURISDICTION
`
`4.
`
`Uniloc brings this action for patent infringement under the patent laws of the
`
`United States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction under 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`Civil Action No.
`
`
`JURY TRIAL DEMANDED
`
`
`UNILOC 2017 LLC,
`
`
`
`v.
`
`MOTOROLA MOBILITY, LLC,
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`COMPLAINT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its Complaint against defendant, Motorola
`
`Mobility, LLC (“Motorola”), alleges:
`
`
`
`THE PARTIES
`
`1.
`
`Uniloc 2017 LLC is a Delaware limited liability company having addresses at
`
`1209 Orange Street, Wilmington, Delaware 19801; 620 Newport Center Drive, Newport Beach,
`
`California 92660; and 102 N. College Avenue, Suite 303, Tyler, Texas 75702.
`
`2.
`
`Uniloc owns all substantial rights, interest, and title in U.S. Patent No. 6,836,654,
`
`entitled ANTI-THEFT PROTECTION FOR A RADIOTELEPHONY DEVICE, issued
`
`December 28, 2004 (“the ’654 Patent”). A copy of the ’654 Patent is attached as Exhibit A.
`
`3.
`
`Motorola is a Delaware corporation having a regular and established place of
`
`business in or around Chicago, Illinois.
`
`
`
`JURISDICTION
`
`4.
`
`Uniloc brings this action for patent infringement under the patent laws of the
`
`United States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction under 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`
`
`Case 1:18-cv-01844-RGA-SRF Document 1 Filed 11/20/18 Page 2 of 7 PageID #: 2
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`PATENT INFRINGEMENT
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`The ’654 Patent describes in detail and claims in various ways inventions in
`
`5.
`
`systems and devices for improved blocking and unblocking of the operational mode of electronic
`
`devices such as cellphones, using timing and identifiers.
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`6.
`
`The inventions claimed in the ’654 Patent involve and cover more than just the
`
`performance of well-understood, routine, or conventional activities known to the industry prior
`
`to the invention of the ’654 Patent.
`
`7.
`
`The written description of the ’654 Patent describes in technical detail each of the
`
`limitations of the claims, allowing a person of ordinary skill in the art to understand what the
`
`limitations cover and how the combination of claim elements differed markedly from and
`
`improved upon what may have been considered conventional or generic.
`
`8.
`
`Motorola imports, uses, offers for sale, and sells electronic devices that utilize
`
`antitheft measures, including those designated: Moto G6 Series, Moro E5 Series, Moto X4
`
`Series, Moto Z2 Series, Moto G5 Series, Moto E4 Series, Moto Z series, Moto G Series, Moto
`
`G4 Series, Moto C Series, Moto X Series, Moto XT-XXX Series, Moto MT-XXX Series, Moto
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`ME-XXX Series, Moto E3 Series, Moto E Series, Moto G4 Series, Moto M Series, Moto 360
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`Series, Moto Maxx, MotoGO TV, Motoluxe Series, MotoKey Series, Droid Turbo Series, Droid
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`Maxx Series, Droid Ultra Series, Droid Mini Series, Droid RAZR Series, Droid 3, Droid 4,
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`Droid XYBOARD, Droid Bionic Series, Droid X Series, RAZR Series, Atrix Series, Xoom
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`Series, Defy Series, Electrify Series, XT-XXX Series, PhotonQ, Admiral XT-XXX, Milestone
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`Series, EX-XXX Series, Nexus, Luge, MotoGo, Gleam+, ME632, WX294, Triumph, Photon 4G
`
`and Moto Cliq 2 (collectively, “Accused Infringing Devices”).
`
`
`
`2
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`
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`Case 1:18-cv-01844-RGA-SRF Document 1 Filed 11/20/18 Page 3 of 7 PageID #: 3
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`9.
`
`The Accused Infringing Devices are mobile radiotelephony devices incorporating
`
`antitheft technology that utilizes timing and identification codes to block and unblock normal
`
`operation of the device.
`
`10.
`
`As set forth in the claim chart attached as Exhibit B, Motorola has infringed, and
`
`continues to infringe, at least claims 1, 3-5, and 7 of the ’654 Patent by making, using, offering
`
`for sale, selling, and importing the Accused Infringing Devices.
`
`11. Motorola knowingly and intentionally incorporates into the Accused Infringing
`
`Devices components and software intended by Motorola to enable the devices to operate as
`
`described above to infringe the ’654 Patent.
`
`12.
`
`In its marketing, promotional, and instructional materials, including those
`
`identified below, Motorola intentionally instructs its customers to use the Accused Infringing
`
`Devices in a manner that causes the devices to infringe the asserted claims of the ’654 Patent.
`
`13. Motorola has also infringed, and continues to infringe, claims 1, 3-5, and 7 of the
`
`’654 Patent by actively inducing others to use, offer for sale, and sell the Accused Infringing
`
`Devices. Motorola’s customers who use those devices in accordance with Motorola’s
`
`instructions and intent and knowledge infringe claims 1, 3-5, and 7 of the ’654 Patent. Motorola
`
`intentionally instructs and induces its customers to infringe through training videos,
`
`demonstrations, brochures, installation and user guides, and instructional and marketing
`
`materials, such as:
`
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`3
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`Case 1:18-cv-01844-RGA-SRF Document 1 Filed 11/20/18 Page 4 of 7 PageID #: 4
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` •
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` https://motorola-global-portal-en-
`ca.custhelp.com/ci/fattach/get/1064475/1418241388/
`redirect/1/session/L2F2LzEvdGltZS8xNTMxMjIwNDE5L3NpZC9JdVBOaWpSbg
`==/filename/68017754001c.pdf:
`
`
`• https://motorola-global-portal.custhelp.com/app/answers/indevice_detail/a_id/
`112159/p/30,67209833:
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`4
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`Case 1:18-cv-01844-RGA-SRF Document 1 Filed 11/20/18 Page 5 of 7 PageID #: 5
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`See also:
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`• moto x4 play User Guide, “Control with one touch”/”On, off, lock & unlock”
`
`• moto z3 play User Guide, “Protect your phone”
`
`• moto g6 play User Guide, “Protect your phone”
`
`• moto e5 play User Guide, “Protect your phone”
`
`14. Motorola has infringed, and continues to infringe, claims 1, 3-5, and 7 of the ’654
`
`patent by offering to sell, selling, and importing the Accused Infringing Devices knowing that
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`the devices are used in infringing the ’654 patent, and constitute a material part of the invention.
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`Motorola knows portions of the Accused Infringing Devices to be especially made or especially
`
`adapted such that, when in use by Motorola’s customers as Motorola designed the Accused
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`Infringing Devices and intends them to be used, the devices infringe the ’654 patent as shown in
`
`Exhibit B. Motorola knows those portions of the Accused Infringing Devices are not staple
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`articles or commodities of commerce suitable for substantial non-infringing use.
`
`15. Motorola has been on notice of the ’654 Patent since, at the latest, the service
`
`upon it of the original complaint in Case No. 1:18-cv-01230-LPS. Motorola has also been on
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`notice of Uniloc’s infringement allegations and theory of infringement since that date of service,
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`and thus has known that its continued actions would induce and contribute to the infringement of
`
`claims of the ’654 Patent. Despite that knowledge, and as further evidence of its intent,
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`Motorola has refused to discontinue its infringing acts. Motorola has also induced and
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`contributed to infringement by failing to remove the infringing functionality from the Accused
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`Infringing Devices or otherwise place a non-infringing limit on their use.
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`5
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`Case 1:18-cv-01844-RGA-SRF Document 1 Filed 11/20/18 Page 6 of 7 PageID #: 6
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`16.
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`By the time of trial, Motorola will have known and intended (since, at the latest,
`
`receiving such notice) that its continued actions would actively induce and contribute to the
`
`infringement of the ’654 Patent.
`
`17.
`
`On April 2, 2013, U.S. Patent No. 8,412,270 issued to Motorola, citing the ’654
`
`Patent as a reference.
`
`18. Motorola may have infringed the ’654 Patent through other software and devices
`
`utilizing the same or reasonably similar functionality, including other versions of the Accused
`
`Infringing Devices.
`
`19.
`
`Uniloc has been damaged, in an amount to be determined, by Motorola’s
`
`infringement of the ’654 Patent.
`
`PRAYER FOR RELIEF
`
`Uniloc requests that the Court enter judgment against Motorola:
`
`(A)
`
`declaring that Motorola has infringed the ’654 Patent;
`
`(B)
`
`(C)
`
`awarding Uniloc its damages suffered as a result of Motorola’s infringement;
`
`awarding Uniloc its costs, attorneys’ fees, expenses, and interest, and
`
`(D)
`
`granting Uniloc such further relief as the Court finds appropriate.
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`DEMAND FOR JURY TRIAL
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`Uniloc demands trial by jury.
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`6
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`Case 1:18-cv-01844-RGA-SRF Document 1 Filed 11/20/18 Page 7 of 7 PageID #: 7
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`
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`Dated: November 20, 2018
`
`
`
`Respectfully submitted,
`
`O’KELLY ERNST & JOYCE, LLC
`
`
`
`
`
`
`
`
`/s/ Sean T. O’Kelly
`Sean T. O’Kelly (No. 4349)
`901 N. Market Street, Suite 1000
`Wilmington, DE 19801
`Tel: (302) 778-4000
`Fax: (302) 295-2873
`Email: sokelly@oelegal.com
`
`Of Counsel:
`
`Paul J. Hayes
`Massachusetts State Bar No. 227000
`Kevin Gannon
`Massachusetts State Bar No. 640931
`Aaron Jacobs
`Massachusetts State Bar No. 677545
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Fax: (617) 456-8100
`Email: phayes@princelobel.com
`Email: kgannon@princelobel.com
`Email: ajacobs@princelobel.com
`
`ATTORNEYS FOR THE PLAINTIFF
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`7
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