IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Plaintiffs,
`
`
`
`v.
`
`E-WATCH, INC. ET AL.,
`
`
`
`
`
`APPLE, INC., ET AL.
`
`HTC CORPORATION AND
`HTC AMERICA, INC.,
`
`
`§
`§
`§
`§ 2:13-cv-1061
`§ LEAD CASE
`§
`§
`§
`§ 2:13-CV-01063
`§
`§
`§
`
`PLAINTIFFS’ DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AND
`ACCOMPANYING DOCUMENT PRODUCTION (LOCAL P.R. 3-1 AND 3-2)
`TO DEFENDANTS HTC CORPORATION AND HTC AMERICA, INC.
`
`Defendants.
`
`
`
`
`
`Pursuant to CV-83, P.R. 3-1 and 3-2, Plaintiffs e-Watch, Inc. and e-Watch Corporation
`
`(collectively, “e-Watch”), by and through its undersigned attorneys, state as follows:
`
`I.
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
`
`(A) Each claim of each patent in suit that is allegedly infringed by each opposing party;
`
`its
`the status of
`to e-Watch and
`information presently available
`Based on
`investigation, e-Watch alleges infringement of certain claims of U.S. Patent No.
`7,365,871 (the “’871 patent”) and U.S. Patent No. 7,643,168 (the “168 patent”) by
`defendants HTC Corporation and HTC America, Inc. (collectively, “HTC”). The specific
`asserted patent and associated claims relative to HTC are individually enumerated in the
`claim charts attached hereto. e-Watch reserves the right to amend and/or supplement the
`identification of asserted claims as discovery progresses, in response to the Court’s claim
`construction and otherwise in accordance with the Local Patent Rules and the Court’s
`Docket Control Order.
`
`Separately for each asserted claim, each accused apparatus, product, device, process,
`method, act, or other instrumentality (“Accused Instrumentality”) of each opposing
`party of which the party is aware. This identification shall be as specific as possible.
`Each product, device, or apparatus which, when used, allegedly results in the practice
`of the claimed method or process;
`
`
`(B)
`
`1
`
`HTC and Samsung, Ex. 1009
`HTC v. E-Watch, IPR2014-00987
`Page 1 of 9
`
`

`

`
`
`
`(C)
`
`Based on information presently available to e-Watch and the status of its investigation, e-
`Watch provides the Attachments hereto, including claim charts identifying each Accused
`Instrumentality for each asserted claim. e-Watch reserves the right to amend and/or
`supplement the identification of each Accused System as discovery progresses, in
`response to the Court’s claim construction and otherwise in accordance with the Local
`Patent Rules and the Court’s Docket Control Order.
`
`A chart identifying specifically where each element of each asserted claim is found
`within each Accused Instrumentality, including for each element that such party
`contends is governed by 35 U.S.C. § 112(6), the identity of the structure(s), act(s), or
`material(s) in the Accused Instrumentality that performs the claimed function;
`
`The attachments hereto reflect the present infringement contentions of e-Watch based on
`information reasonably available to it as of this date. e-Watch reserves the right to seek to
`amend, supplement or narrow these contentions as discovery progresses, in response to
`the Court’s claim construction and otherwise in accordance with the Local Patent Rules
`and the Court’s Docket Control Order.
`
`(D) Whether each element of each asserted claim is claimed to be literally present or
`present under the doctrine of equivalents in the Accused Instrumentality;
`
`Based on the information currently available to e-Watch, each element of each asserted
`claim appears to be literally present. To the extent any element is not found to be literally
`present, e-Watch asserts an equivalent element is present having insubstantial differences.
`Following discovery regarding
`the defendants’ products,
`including confidential
`information, source code and technical specifications pertaining to the Accused System,
`e-Watch reserves the right to seek leave to amend or supplement its allegations under the
`doctrine of equivalents. e-Watch further reserves the right to amend and/or supplement its
`contentions relative to the doctrine of equivalents in response to the Court’s claim
`construction and otherwise in accordance with the Local Patent Rules and the Court’s
`Docket Control Order.
`
`(E)
`
`For any patent that claims priority to an earlier application, the priority date to which
`each asserted claim is entitled; and
`
`The asserted claims of the ‘871 patent and the ‘168 patent are entitled to a priority date of
`January 12, 1998 based on U.S. Application No. 09/006,073.
`
`(F)
`
`If a party claiming patent infringement wishes to preserve the right to rely, for any
`purpose, on the assertion that its own apparatus, product, device, process, method, act
`or other instrumentality practices the claimed invention, the party must identify,
`separately for each asserted claim, each such apparatus, product, device, process,
`method, act, or other instrumentality that incorporates or reflects that particular claim.
`
`Not applicable.
`
`
`
`
`
`2
`
`HTC and Samsung, Ex. 1009
`HTC v. E-Watch, IPR2014-00987
`Page 2 of 9
`
`

`

`
`
`Dated: April 4, 2014
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`Respectfully submitted,
`
`
`
` /s/ Christopher V. Goodpastor
`Christopher V. Goodpastor
`State Bar No. 00791991
`LEAD ATTORNEY
`Mikal C. Watts
`State Bar No. 20981820
`WATTS GUERRA LLP
`811 Barton Springs Road, Suite 725
`Austin, Texas 78704
`Telephone: (512) 479-0500
`Facsimile: (512) 479-0502
`Email: cgoodpastor@wattsguerra.com
` mcwatts@wattsguerra.com
`
`Francisco Guerra, IV
`State Bar No. 00797784
`WATTS GUERRA LLP
`300 Convent Street, Suite 100
`San Antonio, Texas 78205
`Telephone: (210) 527-0500
`Facsimile: (210) 527-0501
`Email: fguerra@wattsguerra.com
`
`Andrew G. DiNovo
`State Bar No. 00790594
`Adam G. Price
`State Bar No. 24027750
`Chester J. Shiu
`State Bar No. 24071126
`Stefanie T. Scott
`State Bar No. 24061617
`Gregory S. Donahue
`State Bar No. 24012539
`DINOVO PRICE ELLWANGER & HARDY, LLP
`7000 N. MoPac Expressway, Suite 350
`Austin, Texas 78731
`Telephone: (512) 539-2626
`Facsimile: (512) 539-2627
`Email: adinovo@dpelaw.com
` aprice@dpelaw.com
` cshiu@dpelaw.com
` sscott@dpelaw.com
` gdonahue@dpelaw.com
`
`5
`
`HTC and Samsung, Ex. 1009
`HTC v. E-Watch, IPR2014-00987
`Page 3 of 9
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`T. John Ward, Jr.
`State Bar No. 00794818
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`Longview, Texas 75606-1231
`Telephone: (903) 757-6400
`Facsimile: (903) 757-2323
`Email: jw@wsfirm.com
`
`ATTORNEYS FOR PLAINTIFFS
`e-WATCH, INC. AND
`e-WATCH CORPORATION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`6
`
`HTC and Samsung, Ex. 1009
`HTC v. E-Watch, IPR2014-00987
`Page 4 of 9
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 4th day of April 2014, I served a true and correct copy of the
`foregoing document on all counsel of record in accordance with the Federal Rules of Civil
`Procedure as indicated below.
`
`
`/s/ Christopher V. Goodpastor
`Christopher V. Goodpastor
`
`
`
`
`
`
`Cheng C Ko
`Evan Skinner Day
`Matthew C. Bernstein
`Kevin Patariu
`PERKINS COIE - SAN DIEGO
`11988 El Camino Real
`Suite 200
`San Diego, CA 92130
`858/720-5712
`Fax: 858/720-5799
`Email: cko@perkinscoie.com
` eday@perkinscoie.com
` mbernstein@perkinscoie.com
` kpatariu@perkinscoie.com
`Via Email
`
`
`Attorneys for HTC Corporation and
`HTC America, Inc.
`
`
`
`
`
`
`7
`
`HTC and Samsung, Ex. 1009
`HTC v. E-Watch, IPR2014-00987
`Page 5 of 9
`
`

`

`Plaintiff incorporates by reference the discussion and evidence from the following step of
`claim 1 as if fully stated herein:
`
` A
`
` handheld self-contained cellular telephone and integrated image processing system for
`both sending and receiving telephonic audio signals and for capturing a visual image and
`transmitting it to a compatible remote receiving station of a wireless telephone network,
`the system comprising (step 1 (pre)):
`
`Plaintiff incorporates by reference the discussion and evidence from the following step of
`claim 1 as if fully stated herein:
`
` a
`
` manually portable housing (step 1(a)); and
`
`
`an integral image capture device comprising an electronic camera contained within the
`portable housing (step 1(b));
`
`Plaintiff incorporates by reference the discussion and evidence from the following step of
`claim 1 as if fully stated herein:
`
` a
`
` display for displaying an image framed by the camera, the display being supported by
`the housing, the display and the electronic camera being commonly movable in the
`housing when the housing is moved by hand (step 1(c));
`
`Plaintiff incorporates by reference the discussion and evidence from the following step of
`claim 1 as if fully stated herein:
`
` a
`
` processor in the housing for generating an image data signal representing the image
`framed by the camera (step 1(d));
`
`
`
`
`
`12. A combination of handheld wireless
`telephone and digital camera
`comprising:
`
`a handheld housing which supports both the
`wireless telephone and the digital camera,
`the wireless telephone and electronic camera
`being commonly movable with the housing;
`
`a display supported in the housing for
`framing an image to be captured and for
`viewing the image, whereby an operator can
`view and frame the image prior to capture;
`
`a processor for processing the image framed
`by the camera for generating a digitized
`framed image as displayed in the display;
`
`HTC'871-IC 00566
`
`HTC and Samsung, Ex. 1009
`HTC v. E-Watch, IPR2014-00987, Page 6 of 9
`
`

`

`Plaintiff incorporates by reference the discussion and evidence from the following step of
`claim 1 as if fully stated herein:
`
` a
`
` memory associated with the processor for receiving and storing the digitized framed
`image, accessible for selectively displaying in the display window and accessible for
`selectively transmitting over the wireless telephone network the digitized framed image
`(step 1(e));
`
`Plaintiff incorporates by reference the discussion and evidence from the following step of
`claim 1 as if fully stated herein:
`
` a
`
` telephonic system in the housing for sending and receiving digitized audio signals and
`for sending the image data signal (step 1(g)); and
`
` a
`
` wireless communications device adapted for transmitting any of the digitized signals to
`the compatible remote receiving station (step 1(i));
`
`
`Plaintiff incorporates by reference the discussion and evidence from the following step of
`claim 1 as if fully stated herein:
`
`alphanumeric input keys in the housing for permitting manually input digitized
`alphanumeric signals to be input to the processor, the telephonic system further used for
`sending the digitized alphanumeric signals (step 1(h));
`
`Plaintiff incorporates by reference the discussion and evidence from the following step of
`claim 1 as if fully stated herein:
`
` power supply for powering the system (step 1(j));
`
` a
`
`
`
`
`
`a memory associated with the processor for
`receiving and storing the digitized framed
`image, for selectively displaying in the
`display window and for selectively
`transmitting over a wireless telephone
`network the digitized framed image;
`
`the wireless telephone being selectively
`operable to accept and digitize audio signals
`to be transmitted, the wireless telephone
`being selectively operable to convert
`received digitized audio signals into acoustic
`audio, the wireless telephone being
`selectively operable to transmit and receive
`non-audio digital signals, the non-audio
`digital signals including a selected digitized
`framed image;
`a set of input keys supported by the housing
`to permit alphanumeric signals to be
`manually input by an operator into the
`wireless telephone, the alphanumeric signals
`being presented in the display for viewing by
`the operator;
`
`a power supply supported by the housing;
`
`HTC'871-IC 00567
`
`HTC and Samsung, Ex. 1009
`HTC v. E-Watch, IPR2014-00987, Page 7 of 9
`
`

`

`the
`in
`telephonic system
`a
`and
`housing
`for
`sending
`receiving digitized audio signals
`and for sending the image data
`signal;
`
`Making or receiving telephonic calls :
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Accused
`The
`System provides
`a
`telephonic
`system
`for
`sending
`and
`receiving audio
`signals.
`
`
`
`
`
`Source:http://dl4.htc.com/web_materials/Manual/HTC_One_max/HTC_One_max_User_Guide.pdf
`(Page81&84 of 132)
`
`
`HTC'871-IC 00526
`
`HTC and Samsung, Ex. 1009
`HTC v. E-Watch, IPR2014-00987, Page 8 of 9
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`The Accused System is capable of sending
`digitized signals to the compatible remote
`receiving stations over 2G or 3G network.
`
`Source: shttp://www.htc.com/www/smartphones/htc-one-max/#specs
`
`
`
`
`
`
`
`
`
`
`
` a
`
`communications
` wireless
`device adapted for transmitting
`any of the digitized signals to
`the compatible remote receiving
`station; and
`
`HTC'871-IC 00531
`
`HTC and Samsung, Ex. 1009
`HTC v. E-Watch, IPR2014-00987, Page 9 of 9
`
`