Case 6:10-cv-00417-LED Document 107 Filed 04/05/11 Page 1 of 40 PageID #: 1375
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`VirnetX Inc.,
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`Plaintiff,
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`vs.
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`Cisco Systems, Inc.,
`Apple Inc.,
`Aastra USA, Inc.,
`Aastra Technologies Ltd.,
`NEC Corporation, and
`NEC Corporation of America,
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`Defendants.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Civil Action No. 6:10-CV-417
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`§§§§§§§§§§§§§§
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`PLAINTIFF VIRNETX INC.’S SECOND AMENDED COMPLAINT
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`Plaintiff VirnetX Inc. (“VirnetX”) files this Second Amended Complaint against
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`Defendants Aastra USA, Inc., Aastra Technologies Ltd., Apple Inc., Cisco Systems, Inc., NEC
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`Corporation, and NEC Corporation of America (collectively, “Defendants”) for patent
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`infringement under 35 U.S.C. § 271 and in support thereof would respectfully show the Court the
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`following:
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`THE PARTIES
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`1.
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`Plaintiff VirnetX is a corporation organized and existing under the laws of the
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`State of Delaware, and maintains its principal place of business at 5615 Scotts Valley Drive,
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`Suite 110 Scotts Valley, California.
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`2.
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`Defendant Aastra Technologies Ltd. is a Canadian corporation with its principal
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`place of business at 155 Snow Blvd., Concord, Ontario Canada, L4K 4N9. Defendant Aastra
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`USA, Inc. is a Delaware corporation with its principal place of business at 2811 Internet Blvd.,
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`Frisco, TX 75034. Aastra Technologies Ltd. and Aastra USA, Inc. are collectively referred to as
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`VIRNETX EXHIBIT 2030
`RPX v. VirnetX
`Trial IPR2014-00173
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`“Aastra.” On information and belief, Aastra regularly conducts and transacts business in Texas,
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`throughout the United States, and within the Eastern District of Texas, and as set forth below,
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`has committed and continues to commit, tortious acts of patent infringement within and outside
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`of Texas and within the Eastern District of Texas.
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`3.
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`Defendant Apple Inc. (“Apple”) is a California corporation with its principal
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`place of business at 1 Infinite Loop, Cupertino, California 95014. On information and belief,
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`Apple regularly conducts and transacts business in Texas, throughout the United States, and
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`within the Eastern District of Texas, and as set forth below, has committed and continues to
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`commit, tortious acts of patent infringement within and outside of Texas and within the Eastern
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`District of Texas.
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`4.
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` Defendant Cisco Systems, Inc. (“Cisco”) is a California corporation with its
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`principal place of business at 170 West Tasman Dr., San Jose, CA 95134. On information and
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`belief, Cisco regularly conducts and transacts business in Texas, throughout the United States,
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`and within the Eastern District of Texas, and as set forth below, has committed and continues to
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`commit, tortious acts of patent infringement within and outside of Texas and within the Eastern
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`District of Texas.
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`5.
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`Defendant NEC Corporation is a Japanese corporation with its principal place of
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`business at 5-7-1 Shiba, Minato-ku, Tokyo 108-8001. Defendant NEC Corporation of America
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`is a Nevada corporation with its principal place of business at 6535 N. State Highway 161,
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`Irving, Texas 75039. NEC Corporation and NEC Corporation of America are collectively
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`referred to as “NEC.” On information and belief, NEC regularly conducts and transacts business
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`in Texas, throughout the United States, and within the Eastern District of Texas, and as set forth
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`below, has committed and continues to commit, tortious acts of patent infringement within and
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`outside of Texas and within the Eastern District of Texas.
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`JURISDICTION AND VENUE
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`6.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35, United States Code. This Court has exclusive subject matter jurisdiction
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`over this case for patent infringement under 28 U.S.C. § 1338.
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`7.
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`Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391 and
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`1400(b).
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`8.
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`This Court has personal jurisdiction over Defendants. Defendants have conducted
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`and do conduct business within the State of Texas. Defendants, directly or through subsidiaries
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`or intermediaries (including distributors, retailers, and others), ships, distributes, offers for sale,
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`sells, and advertises (including the provision of an interactive web page) its products and/or
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`services in the United States, the State of Texas, and the Eastern District of Texas. Defendants,
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`directly and through subsidiaries or intermediaries (including distributors, retailers, and others),
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`has purposefully and voluntarily placed one or more of its infringing products and/or services, as
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`described below, into the stream of commerce with the expectation that they will be purchased
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`and used by consumers in the Eastern District of Texas. These infringing products and/or
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`services have been and continue to be purchased and used by consumers in the Eastern District
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`of Texas. Defendants have committed acts of patent infringement within the State of Texas and,
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`more particularly, within the Eastern District of Texas.
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`ASSERTED PATENTS
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`9.
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`On December 31, 2002, United States Patent No. 6,502,135 (“the ’135 patent”)
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`entitled “Agile Network Protocol for Secure Communications with Assured System Availability”
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`was duly and legally issued with Edmund Colby Munger, Douglas Charles Schmidt, Robert
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`Dunham Short, III, Victor Larson, Michael Williamson as the named inventors after full and fair
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`examination. VirnetX is the owner of all rights, title, and interest in and to the ’135 patent and
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`possesses all rights of recovery under the ’135 patent. A copy of the ’135 patent is attached as
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`Exhibit A.
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`10.
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`On January 4, 2005, United States Patent No. 6,839,759 (“the ’759 patent”)
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`entitled “Method for Establishing Secure Communication Link Between Computers of Virtual
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`Private Network Without User Entering Any Cryptographic Information” was duly and legally
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`issued with Victor Larson, Robert Dunham Short, III, Edmund Colby Munger, and Michael
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`Williamson as the named inventors after full and fair examination. VirnetX is the owner of all
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`rights, title, and interest in and to the ’759 patent and possesses all rights of recovery under the
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`’759 patent. A copy of the ’759 patent is attached as Exhibit B.
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`11.
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`On March 6, 2007, United States Patent No. 7,188,180 (“the ’180 patent”) entitled
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`“Method for Establishing Secure Communication Link Between Computers of Virtual Private
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`Network” was duly and legally issued with Victor Larson, Robert Dunham Short, III, Edmund
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`Colby Munger, and Michael Williamson as the named inventors after full and fair examination.
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`VirnetX is the owner of all rights, title, and interest in and to the ’180 patent and possesses all
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`rights of recovery under the ’180 patent. A copy of the ’180 patent is attached as Exhibit C.
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`12.
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`On August 26, 2008, United States Patent No. 7,418,504 (“the ’504 patent”)
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`entitled “Agile Network Protocol for Secure Communications Using Secure Domain Names”
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`was duly and legally issued with Victor Larson, Robert Dunham Short, III, Edmund Colby
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`Munger, and Michael Williamson as the named inventors after full and fair examination.
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`VirnetX is the owner of all rights, title, and interest in and to the ’504 patent and possesses all
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`rights of recovery under the ’504 patent. A copy of the ’504 patent is attached as Exhibit D.
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`13.
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`On February 10, 2009, United States Patent No. 7,490,151 (“the ’151 patent”)
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`entitled “Establishment of a Secure Communication Link Based on a Domain Name Service
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`(DNS) Request” was duly and legally issued with Edmund Colby Munger, Robert Dunham
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`Short, III, Victor Larson, and Michael Williamson as the named inventors after full and fair
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`examination. VirnetX is the owner of all rights, title, and interest in and to the ’151 patent and
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`possesses all rights of recovery under the ’151 patent. A copy of the ’151 patent is attached as
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`Exhibit E.
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`14.
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`On April 5, 2011, United States Patent No. 7,921,211 (“the ‘211 patent”) entitled
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`“Agile Network Protocol for Secure Communications Using Secure Domain Names” was duly
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`and legally issued with Victor Larson, Robert Dunham Short, III, Edmund Colby Munger, and
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`Michael Williamson as the named inventors after full and fair examination. VirnetX is the
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`owner of all rights, title, and interest in and to the ‘211 patent and possesses all rights of recovery
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`under the ‘211 patent.
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`COUNT ONE
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`PATENT INFRINGEMENT BY AASTRA
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`15.
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`VirnetX incorporates by reference paragraphs 1-14 as if fully set forth herein. As
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`described below, Aastra has infringed and/or continues to infringe the ’135, ‘504, and ‘211
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`patents.
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`16.
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`At least Aastra’s Clearspan platform, Pointspan platform, 800 server, 5000 server,
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`6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i telephone, 6753i
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`(53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i CT) telephone,
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`M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i telephone, 9480i
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`telephone, and 9480i CT telephone infringe at least system claims 10 and 12 of the ’135 patent.
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`Aastra makes, uses, sells, offers for sale, exports, imports, supplies, and/or distributes within and
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`from the United States these products and thus directly infringes at least claims 10 and 12 of the
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`’135 patent.
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`17.
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`The use of at least Aastra’s Clearspan platform, Pointspan platform, 800 server,
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`5000 server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i
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`telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i
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`CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone as intended by Aastra infringes at least
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`method claims 1-5, 7, 9, and 13 of the ’135 patent. Aastra uses these products and thus directly
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`infringes at least claims 1-5, 7, 9, and 13 of the ’135 patent.
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`18.
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`In addition, Aastra provides at least its Clearspan platform, Pointspan platform,
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`800 server, 5000 server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone,
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`6731i telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT
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`(57i CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone to resellers, consultants, and end-user
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`customers in the United States who, in turn, use these products to infringe at least claims 1-5, 7,
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`9-10, and 12-13 of the ’135 patent.
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`19.
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`Aastra indirectly infringes the ‘135 patent by inducing infringement by resellers,
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`consultants, and end-user customers, in accordance with 35 U.S.C. § 271(b), because Aastra
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`actively induces infringement of the ‘135 patent by resellers, consultants, and end-user
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`customers.
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`20.
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`Aastra indirectly infringes the ‘135 patent by contributing to infringement by
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`resellers, consultants, and end-user customers, in accordance with 35 U.S.C. § 271(c), because
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`Aastra offers to sell or sells within the United States a component of a patented machine,
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`manufacture, combination, or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention, knowing the same to be especially
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`made or especially adapted for use in an infringement of such patent, and not a staple article or
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`commodity of commerce suitable for substantial non-infringing use.
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`21.
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`At least Aastra’s Clearspan platform, Pointspan platform, 800 server, 5000 server,
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`6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i telephone, 6753i
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`(53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i CT) telephone,
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`M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i telephone, 9480i
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`telephone, and 9480i CT telephone infringe at least system claims 1, 6, 8, 9, 14-17, 19-23, and
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`26-35 of the ‘504 patent. Aastra makes, uses, sells, offers for sale, exports, imports, supplies,
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`and/or distributes within and from the United States these products and thus directly infringes at
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`least claims, 1, 6, 8, 9, 14-17, 19-23, and 26-35 of the ‘504 patent.
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`22.
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`At least Aastra’s Clearspan platform, Pointspan platform, 800 server, 5000 server,
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`6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i telephone, 6753i
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`(53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i CT) telephone,
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`M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i telephone, 9480i
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`telephone, and 9480i CT telephone, well as Aastra’s servers, master discs, and other media that
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`store, cache, or distribute Aastra’s software, infringe at least computer readable media claims 36,
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`38-41, 43-47, 50-59 of the ‘504 patent. Aastra makes, uses, sells, offers for sale, imports,
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`exports, imports, supplies, and/or distributes within and from the United States these products
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`and media and thus directly infringes at least claims 36, 38-41, 43-47, 50-59 of the ‘504 patent.
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`23.
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`The use of at least Aastra’s Clearspan platform, Pointspan platform, 800 server,
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`5000 server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i
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`telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i
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`CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone as intended by Aastra infringes at least
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`method claim 60 of the ‘504 patent. Aastra uses these products and thus directly infringes at
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`least claim 60 of the ‘504 patent.
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`24.
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`In addition, Aastra provides at least its Clearspan platform, Pointspan platform,
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`800 server, 5000 server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone,
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`6731i telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT
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`(57i CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone to resellers, consultants, and end-user
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`customers in the United States who, in turn, use these products to infringe at least claims 1, 6, 8,
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`9, 14-17, 19-23, 26-36, 38-41, 43-47, and 50-60 of the ‘504 patent.
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`25.
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`Aastra indirectly infringes the ‘504 patent by inducing infringement by resellers,
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`consultants, and end-user customers, in accordance with 35 U.S.C. § 271(b), because Aastra
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`actively induces infringement of the ‘504 patent by resellers, consultants, and end-user
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`customers.
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`26.
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`Aastra indirectly infringes the ‘504 patent by contributing to infringement by
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`resellers, consultants, and end-user customers, in accordance with 35 U.S.C. § 271(c), because
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`Aastra offers to sell or sells within the United States a component of a patented machine,
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`manufacture, combination, or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention, knowing the same to be especially
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`made or especially adapted for use in an infringement of such patent, and not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use.
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`27.
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`At least Aastra’s Clearspan platform, Pointspan platform, 800 server, 5000 server,
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`6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i telephone, 6753i
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`(53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i CT) telephone,
`
`M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i telephone, 9480i
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`telephone, and 9480i CT telephone infringe at least system claims 1, 6, 8, 9, 14-17, 19-23, and
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`26-35 of the ‘211 patent. Aastra makes, uses, sells, offers for sale, exports, imports, supplies,
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`and/or distributes within and from the United States these products and thus directly infringes at
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`least claims 1, 6, 8, 9, 14-17, 19-23, and 26-35 of the ‘211 patent.
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`28.
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`At least Aastra’s Clearspan platform, Pointspan platform, 800 server, 5000 server,
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`6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i telephone, 6753i
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`(53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i CT) telephone,
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`M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i telephone, 9480i
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`telephone, and 9480i CT telephone, well as Aastra’s servers, master discs, and other media that
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`store, cache, or distribute Aastra’s software, infringe at least non-transitory computer readable
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`media claims 36, 38-41, 43-47, 50-59 of the ‘211 patent. Aastra makes, uses, sells, offers for
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`sale, imports, exports, imports, supplies, and/or distributes within and from the United States
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`these products and media and thus directly infringes at least claims 36, 38-41, 43-47, 50-59 of
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`the ‘211 patent.
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`29.
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`The use of at least Aastra’s Clearspan platform, Pointspan platform, 800 server,
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`5000 server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i
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`telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i
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`CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone as intended by Aastra infringes at least
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`method claim 60 of the ‘211 patent. Aastra uses these products and thus directly infringes at
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`least claim 60 of the ‘211 patent.
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`30.
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`In addition, Aastra provides at least its Clearspan platform, Pointspan platform,
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`800 server, 5000 server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone,
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`6731i telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT
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`(57i CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone to resellers, consultants, and end-user
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`customers in the United States who, in turn, use these products to infringe at least claims 1, 6, 8,
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`9, 14-17, 19-23, 26-36, 38-41, 43-47, and 50-60 of the ‘211 patent.
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`31.
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`Aastra indirectly infringes the ‘211 patent by inducing infringement by resellers,
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`consultants, and end-user customers, in accordance with 35 U.S.C. § 271(b), because Aastra
`
`actively induces infringement of the ‘211 patent by resellers, consultants, and end-user
`
`customers.
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`32.
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`Aastra indirectly infringes the ‘211 patent by contributing to infringement by
`
`resellers, consultants, and end-user customers, in accordance with 35 U.S.C. § 271(c), because
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`Aastra offers to sell or sells within the United States a component of a patented machine,
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`manufacture, combination, or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention, knowing the same to be especially
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`made or especially adapted for use in an infringement of such patent, and not a staple article or
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`commodity of commerce suitable for substantial non-infringing use.
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`33.
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`Aastra has infringed and/or continues to infringe one or more claims of the ‘135,
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`504, and ‘211 patents as set forth above. Aastra is liable for direct infringement, as well as
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`indirect infringement by way of inducement and/or contributory infringement, for the ‘135, ‘504,
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`and ‘211 patents pursuant to 35 U.S.C. § 271 (a), (b), (c), and/or (f) as set forth above. For
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`VirnetX’s claims of indirect infringement, Aastra’s resellers, consultants, and end-user
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`customers are direct infringers of the ‘135, ‘504, and ‘211 patents.
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`34.
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`Aastra’s acts of infringement have caused damage to VirnetX. VirnetX is entitled
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`to recover from Aastra the damages sustained by VirnetX as a result of Aastra’s wrongful acts in
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`an amount subject to proof at trial. In addition, the infringing acts and practices of Aastra has
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`caused, is causing, and, unless such acts and practices are enjoined by the Court, will continue to
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`cause immediate and irreparable harm to VirnetX for which there is no adequate remedy at law,
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`and for which VirnetX is entitled to injunctive relief under 35 U.S.C. § 283.
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`35.
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`Aastra has received actual notice of infringement by virtue of the filing of this
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`lawsuit. Aastra has also received constructive notice, as VirnetX has complied with the
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`requirements of 35 U.S.C. § 287.
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`COUNT TWO
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`PATENT INFRINGEMENT BY APPLE
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`36.
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`VirnetX incorporates by reference paragraphs 1-35 as if fully set forth herein. As
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`described below, Apple has infringed and/or continues to infringe the ’135, ’151, ‘504, and ‘211
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`patents.
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`37.
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`At least Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, iPad, and
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`iPad 2, when configured and operating in a system as specified by Apple, infringe at least system
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`claims 10 and 12 of the ’135 patent. Apple makes and/or uses these systems and thus directly
`
`infringes at least claims 10 and 12 of the ’135 patent.
`
`38.
`
`The use of Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, iPad,
`
`and iPad 2 as intended by Apple infringes at least method claims 1, 3, 7, 8, and 9 of the ’135
`
`patent. Apple uses these products and thus directly infringes at least claims 1, 3, 7, 8, and 9 of
`
`the ’135 patent.
`
`39.
`
`In addition, Apple provides at least its iPhone, iPhone 3G, iPhone 3GS, iPhone 4,
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`iPod Touch, iPad, and iPad 2 to others, such as resellers and end-user customers, in the United
`
`States who, in turn, use these products to infringe at least claims 1, 3, 7, 8, 9, 10, and 12 of the
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`’135 patent.
`
`40.
`
`Apple indirectly infringes by inducing infringement by others, such as resellers
`
`and end-user customers, in accordance with 35 U.S.C. § 271(b), because Apple actively induces
`
`infringement of the ’135 patent by others, such as resellers and end-user customers.
`
`41.
`
`Apple indirectly infringes the ’135 patent by contributing to infringement by
`
`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c), because
`
`Apple offers to sell or sells within the United States a component of a patented machine,
`
`manufacture, combination, or composition, or a material or apparatus for use in practicing a
`
`patented process, constituting a material part of the invention, knowing the same to be especially
`
`made or especially adapted for use in an infringement of such patent, and not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use.
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`Case 6:10-cv-00417-LED Document 107 Filed 04/05/11 Page 13 of 40 PageID #: 1387
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`42.
`
`Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, iPad, and iPad 2
`
`infringe at least apparatus claims 1 and 6 of the ’151 patent. Apple makes, uses, sells, offers for
`
`sale, imports, exports, imports, supplies, and/or distributes within and from the United States
`
`these products and thus directly infringes at least claims 1 and 6 of the ’151 patent.
`
`43.
`
`At least Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, iPad, and
`
`iPad 2, as well as Apple’s servers, master discs, and other media that store, cache, or distribute
`
`iPhone OS, infringe at least computer readable media claims 7, 12, and 13 of the ’151 patent.
`
`Apple makes, uses, sells, offers for sale, imports, exports, imports, supplies, and/or distributes
`
`within and from the United States these products and media and thus directly infringes at least
`
`claims 7, 12 and 13 of the ’151 patent.
`
`44.
`
`In addition, Apple provides at least its iPhone, iPhone 3G, iPhone 3GS, iPhone 4,
`
`iPod Touch, iPad, and iPad 2, and media that store, cache, or distribute iPhone OS to others, such
`
`as resellers and end-user customers, in the United States who, in turn, use these products to
`
`infringe at least claims 1, 6, 7, 12, and 13 of the ’151 patent.
`
`45.
`
`Apple indirectly infringes the ‘151 patent by inducing infringement by others,
`
`such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(b), because Apple
`
`actively induces infringement of the ’151 patent by others, such as resellers and end-user
`
`customers.
`
`46.
`
`Apple indirectly infringes the ’151 patent by contributing to infringement by
`
`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c), because
`
`Apple offers to sell or sells within the United States a component of a patented machine,
`
`manufacture, combination, or composition, or a material or apparatus for use in practicing a
`
`patented process, constituting a material part of the invention, knowing the same to be especially
`
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`Case 6:10-cv-00417-LED Document 107 Filed 04/05/11 Page 14 of 40 PageID #: 1388
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`
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`made or especially adapted for use in an infringement of such patent, and not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use.
`
`47.
`
`At least Apple’s servers and other Apple computers that support the FaceTime
`
`functionality, when configured and operating in a system as specified by Apple, and Apple’s
`
`iPhone 4, iPod Touch, iPad 2, and Apple computers running Apple’s FaceTime for Mac
`
`application, infringe at least system claims 1, 2, 5, 6, 14-23, 26-28, and 33-35 of the ‘504 patent.
`
`Apple makes and/or uses these systems and thus directly infringes at least claims 1, 2, 5, 6, 14-
`
`23, 26-28, and 33-35 of the ’504 patent.
`
`48.
`
`At least Apple’s servers and other Apple computers that support the FaceTime
`
`functionality, as well as Apple’s servers, master discs, and other media that store, cache, or
`
`distribute iPhone OS, when configured and operating in a system as specified by Apple, and
`
`Apple’s iPhone 4, iPod Touch, iPad 2, and Apple computers running Apple’s FaceTime for Mac
`
`application, infringe at least machine readable medium claims 36-47, 49-52, and 57-59 of the
`
`’504 patent. Apple makes, uses, sells, offers for sale, exports, imports, supplies, and/or
`
`distributes within and from the United States these products and media and thus directly
`
`infringes at least claims 36-47, 50-52, and 57-59 of the ‘504 patent.
`
`49.
`
`The use of at least Apple’s servers and other Apple computers that support the
`
`FaceTime functionality, when configured and operating in a system as specified by Apple, and
`
`Apple’s iPhone 4, iPod Touch, iPad 2, and Apple computers running Apple’s FaceTime for Mac
`
`application, as intended by Apple infringes at least method claim 60 of the ’504 patent. Apple
`
`uses these products and thus directly infringes at least claim 60 of the ‘504 patent.
`
`50.
`
`In addition, Apple provides at least its iPhone 4, iPod Touch, iPad 2, Apple
`
`computers running Apple’s FaceTime for Mac application, and media that store, cache, or
`
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`Case 6:10-cv-00417-LED Document 107 Filed 04/05/11 Page 15 of 40 PageID #: 1389
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`
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`distribute iPhone OS to others, such as resellers and end-user customers, in the United States
`
`who, in turn, use these products to infringe at least claims 1, 2, 5, 6, 14-23, 26-28, 33-47, 50-52,
`
`and 57-60 of the ‘504 patent.
`
`51.
`
`Apple indirectly infringes the ‘504 patent by inducing infringement by others,
`
`such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(b), because Apple
`
`actively induces infringement of the ’504 patent by others, such as resellers and end-user
`
`customers.
`
`52.
`
`Apple indirectly infringes the ’504 patent by contributing to infringement by
`
`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c), because
`
`Apple offers to sell or sells within the United States a component of a patented machine,
`
`manufacture, combination, or composition, or a material or apparatus for use in practicing a
`
`patented process, constituting a material part of the invention, knowing the same to be especially
`
`made or especially adapted for use in an infringement of such patent, and not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use.
`
`53.
`
`At least Apple’s servers and other Apple computers that support the FaceTime
`
`functionality, when configured and operating in a system as specified by Apple, and Apple’s
`
`iPhone 4, iPod Touch, iPad 2, and Apple computers running Apple’s FaceTime for Mac
`
`application, infringe at least system claims 1, 2, 5, 6, 14-23, 26-28, and 33-35 of the ‘211 patent.
`
`Apple makes and/or uses these systems and thus directly infringes at least claims 1, 2, 5, 6, 14-
`
`23, 26-28, and 33-35 of the ‘211 patent.
`
`54.
`
`At least Apple’s servers and other Apple computers that support the FaceTime
`
`functionality, as well as Apple’s servers, master discs, and other media that store, cache, or
`
`distribute iPhone OS, when configured and operating in a system as specified by Apple, and
`
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`Case 6:10-cv-00417-LED Document 107 Filed 04/05/11 Page 16 of 40 PageID #: 1390
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`
`
`Apple’s iPhone 4, iPod Touch, iPad 2, and Apple computers running Apple’s FaceTime for Mac
`
`application, infringe at least non-transitory machine readable medium claims 36-47, 49-52, and
`
`57-59 of the ‘211 patent. Apple makes, uses, sells, offers for sale, exports, imports, supplies,
`
`and/or distributes within and from the United States these products and media and thus directly
`
`infringes at least claims 36-47, 50-52, and 57-59 of the ‘211 patent.
`
`55.
`
`The use of at least Apple’s servers and other Apple computers that support the
`
`FaceTime functionality, when configured and operating in a system as specified by Apple, and
`
`Apple’s iPhone 4, iPod Touch, iPad 2, and Apple computers running Apple’s FaceTime for Mac
`
`application, as intended by Apple infringes at least method claim 60 of the ‘211 patent. Apple
`
`uses these products and thus directly infringes at least claim 60 of the ‘211 patent.
`
`56.
`
`In addition, Apple provides at least its iPhone 4, iPod Touch, iPad 2, Apple
`
`computers running Apple’s FaceTime for Mac application, and media that store, cache, or
`
`distribute iPhone OS to others, such as resellers and end-user customers, in the United States
`
`who, in turn, use these products to infringe at least claims 1, 2, 5, 6, 14-23, 26-28, 33-47, 50-52,
`
`and 57-60 of the ‘211 patent.
`
`57.
`
`Apple indirectly infringes the ‘211 patent by inducing infringement by others,
`
`such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(b), because Apple
`
`actively induces infringement of the ‘211 patent by others, such as resellers and end-user
`
`customers.
`
`58.
`
`Apple indirectly infringes the ‘211 patent by contributing to infringement by
`
`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c), because
`
`Apple offers to sell or sells within the United States a component of a patented machine,
`
`manufacture, combination, or composition, or a material or apparatus for use in practicing a
`
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`Case 6:10-cv-00417-LED Document 107 Filed 04/05/11 Page 17 of 40 PageID #: 1391
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`
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`patented process, constituting a material part of the invention, k