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`Exhibit L
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`Case 6:21-cv-00026-ADA Document 12 Filed 04/28/21 Page 1 of 24Case 2:22-md-03034-TGB ECF No. 267-13, PageID.29271 Filed 07/18/24 Page 2 of 25
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Neo Wireless LLC,
`
`Plaintiff,
`
`
`
`
`
`v.
`
`Apple Inc.
`
`Defendant.
`
`C.A. NO. 6:21-cv-00026-ADA
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`
`
`Plaintiff Neo Wireless LLC (“Plaintiff” or “Neo Wireless”) files this First
`
`Amended Complaint against Defendant Apple Inc. (“Apple”) for patent infringement
`
`under 35 U.S.C. § 271. Plaintiff alleges, based on its own personal knowledge with
`
`respect to its own actions and based upon information and belief with respect to all
`
`others’ actions, as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Neo Wireless LLC is a Delaware corporation with its principal
`
`place of business located in Wayne, Pennsylvania.
`
`2.
`
`On information and belief, Defendant Apple is a California corporation
`
`with its principal place of business located at One Apple Park Way, Cupertino, California
`
`95014. Apple maintains several regular and established places of business in the Western
`
`District of Texas including at 12535 Riata Vista Circle and 5501 West Parmer Lane,
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`Austin, Texas 78727; 2901 S. Capital of Texas Hwy, Austin, TX 78746; 3121 Palm Way,
`
`Austin, TX 78758; 8401 Gateway Boulevard West, El Paso, TX 79925; 15900 La
`
`Cantera Parkway, San Antonio, TX 78256; and 7400 San Pedro Avenue, San Antonio,
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`
`
`1
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`

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`TX 78216. Moreover, Apple maintains seventeen regular and established storefront
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`Apple Stores across the state of Texas.1 Apple offers and sells its products and/or
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`services, including those accused herein of infringement, to customers and potential
`
`customers located in Texas, including in the judicial Western District of Texas, such as at
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`the Barton Creek Mall (2901 S. Capital of Texas Hwy) and in the Domain (3121 Palm
`
`Way) in Austin, Texas. Apple may be served with process through its registered agent for
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`service in Texas: CT Corporation System, 1999 Bryan Street, Suite 900, Dallas Texas
`
`75201.
`
`3.
`
`On information and belief, seven of Apple’s suppliers manufacture
`
`products, including those relevant to this Complaint, in the State of Texas. Cypress
`
`Semiconductor Corporation, Flex Limited, Samsung Electronics Company Limited, and
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`Maxim Integrated Products Incorporated are all located within this judicial district. Hon
`
`Hai Precision Industry Company Limited (FoxConn) is located in the Dallas/Fort Worth
`
`metroplex.2 On information and belief, Cypress Semiconductor, Apple’s supplier,
`
`produces chips for use in Apple’s Accused Instrumentalities in its Austin factory at
`
`Apple’s direction and specification.3 On information and belief, Flex Limited or
`
`Flextronics, Apple’s supplier, assembles infringing products in its Austin factory at
`
`
`1 https://www.apple.com/retail/storelist/
`2 https://www.apple.com/supplier-responsibility/pdf/Apple-Supplier-List.pdf.
`
` 3
`
` https://www.apple.com/supplier-responsibility/pdf/Apple-Supplier-List.pdf;
`https://www.investopedia.com/4-stocks-poised-to-gain-as-new-iphone-sales-beat-
`expectations-4769942; https://www.austinhomeseeker.com/cypress-semiconductor.php;
`https://9to5mac.com/2020/02/26/iphone-fixed-broadcom-chip-flaw/.
`
`
`
`
`2
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`

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`Apple’s direction and specifications.4 On information and belief, Hon Hai Precision
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`Industry or Foxconn, Apple’s primary assembly supplier, has two plants for Apple
`
`products located in Fort Worth, Texas. At least one of these plants is a repair factory for
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`Apple’s products, including infringing products.5 On information and belief, Maxim
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`Integrated, Apple’s supplier, produces chips used in the Accused Instrumentalities in its
`
`San Antonio factory at Apple’s direction and specifications.6 On information and belief,
`
`Qorvo, Apple’s supplier, produces radio frequency chips used in the Accused
`
`Instrumentalities in its Richardson factory location at Apple’s direction and
`
`specifications.7 On information and belief, Samsung, Apple’s supplier, designs and
`
`produces chips used in the Accused Instrumentalities in its Austin factory (as discussed in
`
`greater detail below) at Apple’s direction and specifications.
`
`
`4 https://www.apple.com/supplier-responsibility/pdf/Apple-Supplier-List.pdf;
`https://www.bloomberg.com/news/articles/2020-04-04/apple-supplier-targets-production-
`of-30-000-ventilators-a-month; https://www.cnbc.com/2019/11/20/apple-ceo-tim-cook-
`and-preident-trump-tour-texas-computer-factory.html.
`
` 5
`
` https://www.apple.com/supplier-responsibility/pdf/Apple-Supplier-List.pdf;
`https://focustaiwan.tw/sci-tech/201903090004; https://dallasinnovates.com/uta-teams-
`with-foxconn-to-help-reduce-iphone-fraudulent-claims1423/.
`
` 6
`
` https://www.apple.com/supplier-responsibility/pdf/Apple-Supplier-List.pdf;
`https://appleinsider.com/articles/12/07/19/made_in_america_apples_supply_chain_increa
`sing_us_production; https://en.wikipedia.org/wiki/Maxim_Integrated;
`https://pdfserv.maximintegrated.com/en/pr/SanAntonio.pdf.
`
` 7
`
` https://www.apple.com/supplier-responsibility/pdf/Apple-Supplier-List.pdf;
`https://www.forbes.com/sites/greatspeculations/2020/05/29/qualcomm-qorvo--jabil-
`apple-suppliers-have-been-left-behind-from-the-rally-time-to-buy/#677ea6942257;
`https://www.fool.com/investing/2020/03/03/apple-supplier-qorvo-cuts-guidance-
`coronavirus.aspx.
`
`
`
`
`3
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`JURISDICTION AND VENUE
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`4.
`
`This action includes a claim of patent infringement arising under the
`
`patent laws of the United States, 35 U.S.C. §§ 1 et seq. This Court has jurisdiction over
`
`this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`5.
`
`This Court has personal jurisdiction over Apple. As indicated above,
`
`Apple conducts business and has committed acts of patent infringement and has induced
`
`and contributed to acts of patent infringement by others in this District, the State of
`
`Texas, and elsewhere in the United States.
`
`6.
`
`7.
`
`Venue is proper in this judicial district per 28 U.S.C. §§ 1391 and 1400(b).
`
`Apple has committed acts of infringement in this judicial district and
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`maintains regular and established places of business in this district, as set forth above.
`
`Apple has continuous and systematic business contacts with the State of Texas. Apple,
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`directly or through subsidiaries or intermediaries (including distributors, retailers,
`
`contract manufacturers, and others), conducts its business extensively throughout Texas,
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`by shipping, manufacturing, distributing, offering for sale, selling, and advertising
`
`(including the provision of interactive web pages) its products and services in the State of
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`Texas and the Western District of Texas.
`
`8.
`
`Apple, directly or through subsidiaries or intermediaries (including
`
`distributors, retailers, contract manufacturers, and others), has purposefully and
`
`voluntarily placed its infringing products and services into this District and into the
`
`stream of commerce with the intention and expectation that they will be purchased and
`
`used by consumers in this District. Apple has offered and sold and continues to offer and
`
`sell these infringing products and services in this District, including at its seventeen
`
`
`
`4
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`
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`physical Apple stores located within the state and more specifically those stores located
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`in this District such as at 5501 West Parmer Lane, Austin, Texas, 2901 S. Capital of
`
`Texas Hwy, Austin, TX 78746; 3121 Palm Way, Austin, TX 78758; 8401 Gateway
`
`Boulevard West, El Paso, TX 79925; 15900 La Cantera Parkway, San Antonio, TX
`
`78256; and 7400 San Pedro Avenue, San Antonio, TX 78216.8 Moreover, Apple has
`
`authorized its infringing products to be sold by numerous third-party sellers. For
`
`example, Apple’s website indicates at least 99 stores sell infringing iPhones in Austin,9 at
`
`least 99 stores sell infringing iPhones in the Waco area,10 and at least 99 stores sell
`
`infringing iPhones in San Antonio.11 Put simply, Apple has authorized hundreds of stores
`
`located in the Western District of Texas to sell infringing products to customers and other
`
`end-users.
`
`9.
`
`Apple has committed acts of infringement in this judicial district and has a
`
`regular and established place of business in this judicial district. Apple declared in
`
`September 2019 a “newly redesigned Mac Pro” would be manufactured in a factory in
`
`Austin, where Mac Pro has been made since 2013. According to supply chain sources,
`
`Apple is going to launch a 5G Mac Pro in the second half of 2020 that will be
`
`
`8 https://www.apple.com/retail/storelist/.
`
` 9
`
` https://locate.apple.com/sales/?pt=3&lat=30.2642643&lon=-
`97.7475016&address=Austin.
`
`10 https://locate.apple.com/sales/?pt=3&lat=31.558389&lon=-97.129989&address=Waco.
`
`11 https://locate.apple.com/sales/?pt=3&lat=29.424586&lon=-
`98.49464&address=San%20antonio.
`
`
`
`
`5
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`

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`manufactured in its Austin manufacturing plant.12 In 2018, Apple announced an
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`expansion of its operations in Austin, including an investment of $1 billion to build a new
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`campus. To date, Apple’s campus houses over 8,000 employees with the capacity to grow
`
`to upwards of 15,000 employees, some of which have relevant knowledge of the accused
`
`technology. For example, Apple recently published an Austin job posting for a Baseband
`
`HW Design Engineer to be a part of their design team responsible for “architecture,
`
`design, implementation, and integration of the baseband systems for all Apple
`
`products.”13 This expansion has made Apple the largest private employer in the city of
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`Austin and contributed to the significant increase of Apple engineers located in Austin.
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`The campus’s functions include engineering, R&D, operations, finance, sales and
`
`customer support.14 Apple’s Austin campus is the company’s second largest physical
`
`campus and will include a 192-room hotel to house Apple employees who travel to
`
`Austin for work; three million square feet including two million square feet of office
`
`space (making it one of the world’s largest office buildings); and a significant tax break
`
`from Williamson County for building this campus. This Austin location is a continuation
`
`of Apple’s partnership with the Austin area that has existed for 30 years.
`
`
`12 https://www.apple.com/newsroom/2019/09/apples-new-mac-pro-to-be-made-in-texas/;
`https://www.apple.com/newsroom/2019/11/apple-expands-in-austin/;
`https://www.digitimes.com/news/a20190802PD207.html;
`https://www.macrumors.com/2019/08/02/apple-to-launch-macbooks-with-5g-2h-2020/;
`
`13 https://jobs.apple.com/en-us/details/200163864/baseband-hw-design-engineer.
`
`14 https://www.apple.com/newsroom/2018/12/apple-to-build-new-campus-in-austin-and-
`add-jobs-across-the-us/; https://www.apple.com/newsroom/2019/11/apple-expands-in-
`austin/; https://communityimpact.com/austin/northwest-
`austin/technology/2020/05/21/revised-apple-campus-site-plan-in-northwest-austin-
`includes-new-6-story-hotel/
`
`
`
`
`6
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`

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`
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`10.
`
`Apple additionally operates a research lab in Austin trying to figure out
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`ways to recycle iPhones.15
`
`ASSERTED PATENTS
`
`11.
`
`On June 18, 2013, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,467,366 (“the ’366 patent”), entitled “Methods and
`
`Apparatus for Random Access in Multi-Carrier Communication Systems.” A copy of
`
`the ’366 patent is attached as Exhibit A.
`
`12.
`
`The ’366 patent issued from U.S. Patent Application 13/205,579, which
`
`was assigned from the inventors to Waltical Solutions, Inc. on April 8, 2005. The
`
`application was later assigned from Waltical Solutions, Inc. to Neocific, Inc. on
`
`December 14, 2005. The now-issued ’366 patent was assigned from Neocific, Inc. to
`
`CFIP NCF LLC on November 22, 2019 before it was assigned to Neo Wireless LLC on
`
`January 23, 2020.
`
`13.
`
`The ’366 patent is valid and enforceable.
`
`
`
`14.
`
`On August 7, 2018, the United States Patent and Trademark Office duly
`
`and legally issued U.S. Patent No. 10,044,517 (“the ’517 patent”), entitled “Method and
`
`Apparatus for Cellular Broadcasting and Communication System.” A copy of the ’517
`
`patent is attached as Exhibit B.
`
`15.
`
`The ’517 patent issued from U.S. Patent Application 14/160,420, which
`
`was filed by Neocific, Inc. on January 21, 2014. The now-issued ’517 patent was
`
`
`15 https://www.cnet.com/news/apple-is-opening-up-its-world-of-iphone-recycling/;
`https://appleinsider.com/articles/19/04/18/apple-increases-recycling-program-efforts-
`ahead-of-earth-day
`
`
`
`
`7
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`

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`
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`assigned from Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was
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`assigned to Neo Wireless LLC on January 23, 2020.
`
`16.
`
`The ’517 patent is valid and enforceable.
`
`17.
`
`On April 17, 2018, the United States Patent and Trademark Office duly
`
`and legally issued U.S. Patent No. 10,833,908 (“the ’908 patent”), entitled “Channel
`
`Probing Signal for a Broadband Communication System.” A copy of the ’908 patent is
`
`attached as Exhibit C.
`
`18.
`
`The ’908 patent issued from U.S. Patent Application 16/902,740, which
`
`was filed by Neo Wireless LLC on behalf of the inventors.
`
`19.
`
`The ’908 patent is valid and enforceable.
`
`20.
`
`On September 11, 2018, the United States Patent and Trademark Office
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`duly and legally issued U.S. Patent No. 10,075,941 (“the ’941 patent”), entitled “Methods
`
`and Apparatus for Multi-Carrier Communications With Adaptive Transmission and
`
`Feedback.” A copy of the ’941 patent is attached as Exhibit D.
`
`21.
`
`The ’941 patent issued from U.S. Patent Application 15/082,878, which
`
`filed by Neocific, Inc. on March 28, 2016. The now-issued ’941 patent was assigned from
`
`Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was assigned to Neo
`
`Wireless LLC on January 23, 2020.
`
`22.
`
`The ’941 patent is valid and enforceable.
`
`23.
`
`On October 15, 2019, the United States Patent and Trademark Office duly
`
`and legally issued U.S. Patent No. 10,447,450 (“the ’450 patent”), entitled “Method and
`
`System for Multi-Carrier Packet Communication with Reduced Overhead.” A copy of
`
`the ’450 patent is attached as Exhibit E.
`
`24.
`
`The ’450 patent issued from U.S. Patent Application 15/676,421, which
`
`
`
`8
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`was filed by Neocific, Inc. on August 14, 2017. The now-issued ’450 patent was later
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`assigned from Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was
`
`assigned to Neo Wireless LLC on January 23, 2020.
`
`25.
`
`The ’450 patent is valid and enforceable.
`
`26.
`
`Neo Wireless owns all rights, title, and interest in and to each of
`
`the ’366, ’517, ’908, ’941, and ’450 patents (the “patents-in-suit”) and possesses all rights
`
`of recovery.
`
`FACTUAL ALLEGATIONS
`
`27.
`
`Inventor Xiaodong (Alex) Li, Ph.D. founded Neocific Inc. in the early
`
`2000s to design, develop, and implement a new wireless communication system. He and
`
`his co-inventors had extensive experience with wireless communications systems,
`
`including the development of the Wi-Max standards, and a deep understanding of the
`
`flaws in existing systems at the time. The inventors saw an opportunity to create a new
`
`wireless communication system meant to address those flaws while incorporating cutting-
`
`edge Orthogonal Frequency-Division Multiple Access (OFDMA) based technologies,
`
`and, starting in the 2004-2005 timeframe, they filed patents on the work.
`
`28.
`
`Dr. Li served as the President and Founder of Neocific. Dr. Li obtained his
`
`Ph. D. in electrical engineering from the University of Washington, his M.S. from
`
`Shanghai Jiao Tong University, and his B.S. from Tsinghua University. Dr. Li has
`
`authored more than 30 journal and conference papers in wireless communications, video
`
`coding, and networking. He has been granted more than 100 U.S. and foreign patents.
`
`29.
`
`Dr. Titus Lo, Ph.D. is a founding employee of Neocific. Dr. Lo obtained
`
`his Ph.D. in electrical engineering from McMaster University and his B.S. from the
`
`University of British Columbia. Dr. Lo has authored more than 30 technical papers in
`
`international peer-reviewed journals and presented more than 50 time at industry events.
`
`
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`9
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`He has been granted more than 100 U.S. and foreign patents.
`
`30.
`
`Neo Wireless owns all substantial right, title, and interest in the patents-in-
`
`suit, and holds the right to sue and recover damages for infringement thereof..
`
`31.
`
`David Loo is the CEO of Plaintiff Neo Wireless. Mr. Loo works and
`
`resides in Wayne, Pennsylvania. Mr. Loo has over a decade of experience as a licensing
`
`executive and patent attorney with a well-established track record of assisting companies,
`
`inventors and patent holders to ensure they are fairly compensated for their inventions.
`
`32.
`
`The wireless communication industry has been developing rapidly since
`
`Bell Labs developed the First Generation of modern commercial cellular technology in
`
`1984. Multiple wireless communication technologies designated by generations emerged
`
`and brought new capacities to people all over the world. In 2008, The 3rd Generation
`
`Partnership Project (“3GPP”) created and finalized the LTE standards as an upgrade to
`
`3G. The cellular industry recognized its major benefits, and virtually all cellular device
`
`manufacturers, including Apple, have embraced LTE as the next generation of
`
`commercial cellular technology and developed phones and other cellular devices to
`
`utilize the 4G LTE technology.
`
`33.
`
`Defendant Apple is a multinational company that is noted for its flagship
`
`product, the iPhone, which is designed in sold throughout the United States. The iPhone
`
`has brought great success to Apple. In 2019 alone, Apple reported a $167 billion revenue
`
`from the sales of iPhone.
`
`34.
`
`The iPhone is set up to use multiple cellular networks, such as LTE or 4G
`
`and New Radio (“NR”) or 5G. In 2012, Apple announced the iPhone 5, which was its
`
`first smartphone to support 4G LTE connectivity. Over five million units of iPhone 5
`
`were sold within three days after its launch. Thereafter, Apple announced iPhone 5C,
`
`iPhone 5S, iPhone SE, iPhone 6, iPhone 6 Plus, iPhone 6S, iPhone 6S Plus, iPhone 7,
`
`iPhone 7 Plus, iPhone 8, iPhone 8 Plus, iPhone X, iPhone XS, iPhone XR, iPhone 11,
`
`iPhone 11 Pro, and iPhone 11 Max, all with 4G LTE capabilities.
`
`
`
`10
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`35.
`
`To utilize LTE or 4G and NR or 5G networks, the iPhone is manufactured
`
`to comply with wireless standards, such as the 3GPP standards, that ensure compatibility
`
`of wireless devices and wireless networks. Other cellular-capable devices of Apple, such
`
`as the iPad, iPad Air, iPad mini, iPad Pro, and Apple Watch, are designed to ensure
`
`compliance with the 3GPP standards as well.
`
`36.
`
`Apple has been on notice of the asserted patents since at least the filing
`
`and/or service of this Complaint. Apple has known that the acts complained of below
`
`constituted infringement of the asserted patents, or at least subjectively believed there
`
`was a high probability of infringement of the asserted patents but took deliberate steps to
`
`avoid confirming the same.
`
`37.
`
`As described above, the asserted patents read on portions of the LTE or
`
`4G and NR or 5G standards, which Apple implements in its products (“Apple’s Accused
`
`Instrumentalities”), such as its iPhone products and other cellular-capable devices. Apple
`
`makes, uses, sells, offers to sell and/or imports these Accused Instrumentalities in the
`
`United States. Accordingly, Apple directly and indirectly infringes each of patents-in-
`
`suit.
`
`38.
`
`39.
`
`Apple does not have any rights to the patents-in-suit.
`
`In the interest of providing detailed averments of infringement, Neo
`
`Wireless has identified below at least one claim per patent to demonstrate infringement.
`
`However, the selection of claims should not be considered limiting, and additional claims
`
`of the patents-in-suit (including method, system, and apparatus claims) that are infringed
`
`by Apple will be disclosed in compliance with the Court’s rules related to infringement
`
`contentions.
`
`COUNT ONE: INFRINGEMENT OF THE ’366 PATENT
`
`40.
`
`Neo Wireless incorporates by reference the preceding paragraphs as if
`
`fully set forth herein.
`
`
`
`11
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`41.
`
`As described above, Defendant Apple has infringed and continues to
`
`infringe the patents-in-suit by implementing certain cellular standards, including
`
`particular 3GPP standards, into its products.
`
`42.
`
`Apple directly infringes the ’366 patent because it has made, used, sold,
`
`offered to sell and/or imported its Accused Instrumentalities in the United States. For
`
`example, each of Apple’s Accused Instrumentalities implements the portions of the 3GPP
`
`LTE standard specification that read on at least claim 1 the ’366 patent. See Exhibit F.
`
`43.
`
`Apple’s Accused Instrumentalities meet at least one claim of the ’366
`
`patent.
`
`44.
`
`Apple makes, uses, offers to sell, sells, and imports Apple’s Accused
`
`Instrumentalities within the United States or into the United States without authority from
`
`Neo Wireless.
`
`45.
`
`46.
`
`Apple therefore infringes the ’366 patent under 35 U.S.C. § 271(a).
`
`Apple indirectly infringes the ’366 patent by inducing infringement by
`
`others, such as end-user customers, by, for example, encouraging its users to take
`
`advantage of LTE features within the United States and by implementing the
`
`standardized features in its cellular-capable devices.
`
`47.
`
`48.
`
`Apple took the above actions intending to cause infringing acts by others.
`
`Apple received actual notice of its infringement of the ’366 patent at least
`
`as early as the date of service of Complaint. Therefore, Apple was or is now aware of the
`
`‘366 patent or has willfully blinded itself as to the existence of the ’366 patent and made,
`
`used, sold, offered to sell, imported and/or encouraged the making, using, selling,
`
`offering to sell, or importing of the Accused Products despite knowing of an objectively
`
`high likelihood that its actions constituted infringement of the ’366 patent at all times
`
`relevant to this suit. Alternatively, Apple subjectively believed there was a high
`
`
`
`12
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`
`
`probability that others would infringe the ’366 patent but took deliberate steps to avoid
`
`confirming that it was actively inducing infringement by others. Apple therefore infringes
`
`the patents-in-suit under 35 U.S.C. § 271(b).
`
`49.
`
`Apple indirectly infringes the ’366 patent by contributing to infringement
`
`by others, such as end-user customers by offering to sell and selling within the United
`
`States components (that is, the Accused Instrumentalities) that constitute a material part
`
`of the inventions claimed in the ’366 patent, and that are used to practice one or more
`
`processes/methods covered by the claims of the ’366 patent. Apple’s end-user customers
`
`directly infringe the ’366 patent by, for example, using the cellular functionality of
`
`Apple’s Accused Instrumentalities, including establishing communication with the
`
`cellular wireless network and contending for access to resources on the network.
`
`50.
`
`In offering to sell and selling the components specified above, Apple has
`
`known these components to be especially made or especially adapted for use in an
`
`infringement of the ’366 patent and that these components are not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use. Alternatively, Apple
`
`subjectively believed there was a high probability that these components to be especially
`
`made or especially adapted for use in an infringement of the ’366 patent and that these
`
`components are not a staple article or commodity of commerce suitable for substantial
`
`non-infringing use, but took deliberate steps to avoid confirming the same. Apple
`
`therefore infringes the ’366 patent under 35 U.S.C. § 271(c).
`
`51.
`
`To the extent that Apple releases any new version of Apple’s Accused
`
`Instrumentalities, such instrumentalities will meet the claims of the ’366 patent and
`
`infringe under 35 U.S.C. § 271(a)-(c) in ways analogous to Apple’s current infringement
`
`described above.
`
`
`
`13
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`
`52.
`
`Neo Wireless has been damaged and continues to be damaged by each of
`
`Apple’s infringement of the 366 patent.
`
`COUNT TWO: INFRINGEMENT OF THE ’517 PATENT
`
`53.
`
`Neo Wireless incorporates by reference the preceding paragraphs as if
`
`fully set forth herein.
`
`54.
`
`As described above, Defendant Apple has infringed and continues to
`
`infringe the patents-in-suit by implementing certain cellular standards, including
`
`particular 3GPP standards, into its products.
`
`55.
`
`Apple directly infringes the ’517 patent because it has made, used, sold,
`
`offered to sell and/or imported its respective Accused Instrumentalities in the United
`
`States. For example, each of the Apple’s Accused Instrumentalities implements the
`
`portions of the 3GPP LTE standard specification that read on at least claim 13 the ’517
`
`patent. See Exhibit G.
`
`56.
`
`Apple’s Accused Instrumentalities meet at least one claim of the ’517
`
`patent.
`
`57.
`
`Apple makes, uses, offers to sell, sells, and imports Apple’s Accused
`
`Instrumentalities within the United States or into the United States without authority from
`
`Neo Wireless.
`
`58.
`
`59.
`
`Apple therefore infringes the ’517 patent under 35 U.S.C. § 271(a).
`
`Apple indirectly infringes the ’517 patent by inducing infringement by
`
`others, such as end-user customers, by, for example, encouraging its users to take
`
`advantage of LTE features within the United States and by implementing the
`
`standardized features in its cellular-capable devices.
`
`60.
`
`61.
`
`Apple took the above actions intending to cause infringing acts by others.
`
`Apple received actual notice of its infringement of the ’517 patent at least
`
`as early as the date of service of Complaint. Therefore, Apple was or is now aware of the
`
`
`
`14
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`
`
`‘517 patent or has willfully blinded itself as to the existence of the ’517 patent and made,
`
`used, sold, offered to sell, imported and/or encouraged the making, using, selling,
`
`offering to sell, or importing of the Accused Products despite knowing of an objectively
`
`high likelihood that its actions constituted infringement of the ’517 patent at all times
`
`relevant to this suit. Alternatively, Apple subjectively believed there was a high
`
`probability that others would infringe the ’517 patent but took deliberate steps to avoid
`
`confirming that it was actively inducing infringement by others. Apple therefore infringes
`
`the ’517 patent under 35 U.S.C. § 271(b).
`
`62.
`
`Apple indirectly infringes the ’517 patent by contributing to infringement
`
`by others, such as end-user customers by offering to sell and selling within the United
`
`States components (that is, the Accused Instrumentalities) that constitute a material part
`
`of the inventions claimed in the ’517 patent, and that are used to practice one or more
`
`processes/methods covered by the claims of the ’517 patent. Apple’s end-user customers
`
`directly infringe the ’517 patent by, for example, using the cellular functionality of
`
`Apple’s Accused Instrumentalities, including establishing communication with the
`
`cellular wireless network and contending for access to resources on the network.
`
`63.
`
`In offering to sell and selling the components specified above, Apple has
`
`known these components to be especially made or especially adapted for use in an
`
`infringement of the ’517 patent and that these components are not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use. Alternatively, Apple
`
`subjectively believed there was a high probability that these components to be especially
`
`made or especially adapted for use in an infringement of the ’517 patent and that these
`
`components are not a staple article or commodity of commerce suitable for substantial
`
`non-infringing use, but took deliberate steps to avoid confirming the same. Apple
`
`therefore infringes the ’517 patent under 35 U.S.C. § 271(c).
`
`64.
`
`To the extent that Apple releases any new version of Apple’s Accused
`
`
`
`15
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`
`
`Instrumentalities, such instrumentalities will meet the claims of the ’517 patent and
`
`infringe under 35 U.S.C. § 271(a)-(c) in ways analogous to Apple’s current infringement
`
`described above.
`
`65.
`
`Neo Wireless has been damaged and continues to be damaged by each of
`
`Apple’s infringement of the 517 patent.
`
`COUNT THREE: INFRINGEMENT OF THE ’908 PATENT
`
`66.
`
`Neo Wireless incorporates by reference the preceding paragraphs as if
`
`fully set forth herein.
`
`67.
`
`As described above, Defendant Apple has infringed and continues to
`
`infringe the patents-in-suit by implementing certain cellular standards, including
`
`particular 3GPP standards, into its products.
`
`68.
`
`Apple directly infringes the ’908 patent because it has made, used, sold,
`
`offered to sell and/or imported its respective Accused Instrumentalities in the United
`
`States. For example, each of Apple’s Accused Instrumentalities implements the portions
`
`of the 3GPP LTE standard specification that read on at least claim 11 the ’908 patent. See
`
`Exhibit H.
`
`69.
`
`Apple’s Accused Instrumentalities meet at least one claim of the ’908
`
`patent.
`
`70.
`
`Apple makes, uses, offers to sell, sells, and imports Apple’s Accused
`
`Instrumentalities within the United States or into the United States without authority from
`
`Neo Wireless.
`
`71.
`
`72.
`
`Apple therefore infringes the ’908 patent under 35 U.S.C. § 271(a).
`
`Apple indirectly infringes the ’908 patent by inducing infringement by
`
`others, such as end-user customers, by, for example, encouraging its users to take
`
`advantage of LTE features within the United States and by implementing the
`
`standardized features in its cellular-capable devices.
`
`
`
`16
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`
`
`73.
`
`74.
`
`Apple took the above actions intending to cause infringing acts by others.
`
`Apple received actual notice of its infringement