Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 1 of 20 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`GARNET DIGITAL, LLC
`
`
`Plaintiff,
`
`
`CIVIL ACTION NO. 6:11-cv-647
`
`
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`v.
`
`
`(1)
`(2)
`
`(3)
`
`(4)
`(5)
`(6)
`(7)
`(8)
`(9)
`
`APPLE, INC.;
`SAMSUNG ELECTRONICS
`AMERICA, INC.;
`SAMSUNG
`TELECOMMUNICATIONS
`AMERICA, LLC;
`AT&T INC.;
`AT&T MOBILITY LLC;
`DELL INC.;
`PANTECH WIRELESS, INC.;
`HTC AMERICA, INC.;
`RESEARCH IN MOTION
`CORPORATION;
`(10) SHARP ELECTRONICS
`CORPORATION;
`(11) HEWLETT-PACKARD COMPANY;
`(12) LG ELECTRONICS U.S.A., INC.;
`(13) LG ELECTRONICS MOBILECOMM
`U.S.A., INC.;
`(14) MOTOROLA MOBILITY, INC.;
`(15) SONY ERICSSON MOBILE
`COMMUNICATIONS (USA) INC.;
`(16) CASIO AMERICA, INC.;
`(17) GOOGLE INC.;
`(18) VERIZON COMMUNICATIONS, INC.;
`(19) CELLCO PARTNERSHIP (DBA
`VERIZON WIRELESS);
`(20) SPRINT SOLUTIONS, INC.;
`(21) SPRINT NEXTEL CORPORATION;
`(22) T-MOBILE USA, INC.;
`(23) BOOST MOBILE, LLC;
`(24) VIRGIN MOBILE USA, INC.;
`(25) VIRGIN MOBILE USA, L.P.;
`(26) UNITED STATES CELLULAR
`CORPORATION;
`(27) METROPCS COMMUNICATIONS,
`
`
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`GARNET DIGITAL, LLC
`
`
`Plaintiff,
`
`
`CIVIL ACTION NO. 6:11-cv-647
`
`
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`v.
`
`
`(1)
`(2)
`
`(3)
`
`(4)
`(5)
`(6)
`(7)
`(8)
`(9)
`
`APPLE, INC.;
`SAMSUNG ELECTRONICS
`AMERICA, INC.;
`SAMSUNG
`TELECOMMUNICATIONS
`AMERICA, LLC;
`AT&T INC.;
`AT&T MOBILITY LLC;
`DELL INC.;
`PANTECH WIRELESS, INC.;
`HTC AMERICA, INC.;
`RESEARCH IN MOTION
`CORPORATION;
`(10) SHARP ELECTRONICS
`CORPORATION;
`(11) HEWLETT-PACKARD COMPANY;
`(12) LG ELECTRONICS U.S.A., INC.;
`(13) LG ELECTRONICS MOBILECOMM
`U.S.A., INC.;
`(14) MOTOROLA MOBILITY, INC.;
`(15) SONY ERICSSON MOBILE
`COMMUNICATIONS (USA) INC.;
`(16) CASIO AMERICA, INC.;
`(17) GOOGLE INC.;
`(18) VERIZON COMMUNICATIONS, INC.;
`(19) CELLCO PARTNERSHIP (DBA
`VERIZON WIRELESS);
`(20) SPRINT SOLUTIONS, INC.;
`(21) SPRINT NEXTEL CORPORATION;
`(22) T-MOBILE USA, INC.;
`(23) BOOST MOBILE, LLC;
`(24) VIRGIN MOBILE USA, INC.;
`(25) VIRGIN MOBILE USA, L.P.;
`(26) UNITED STATES CELLULAR
`CORPORATION;
`(27) METROPCS COMMUNICATIONS,
`
`
`
`1
`
`
`
`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 2 of 20 PageID #: 2
`
`INC.;
`(28) LEAP WIRELESS INTERNATIONAL,
`INC.;
`(29) STX WIRELESS OPERATIONS, LLC;
`(30) HUAWEI TECHNOLOGIES USA INC.;
`(31) ZTE (USA) INC.; and
`(32) RADIOSHACK CORPORATION;
`
`
`Defendants.
`
`
`
`Plaintiff Garnet Digital, LLC (“Garnet”) files this original complaint against the
`
`above-named defendants, alleging, based on its own knowledge with respect to itself and
`
`its own actions and based on information and belief as to all other matters, as follows:
`
`PARTIES
`
`1.
`
`Garnet is a limited liability corporation formed under the laws of the State
`
`of Texas, with a principal place of business in Plano, Texas.
`
`2.
`
`Defendant Apple, Inc. (“Apple”) is a corporation organized under the laws
`
`of the state of California, with a principal place of business at 1 Infinite Loop, Cupertino,
`
`CA 95014. Apple can be served with process by serving its registered agent: CT
`
`Corporation System; 350 N. St. Paul Street, Ste. 2900; Dallas, TX 75201.
`
`3.
`
`Defendant Samsung Electronics America, Inc. (“Samsung Electronics”) is a
`
`corporation organized under the laws of the state of Delaware, with a principal place of
`
`business at 105 Challenger Road; Ridgefield Park, NJ 07660. Samsung Electronics can be
`
`served with process by serving its registered agent: CT Corporation System; 350 N. St.
`
`Paul Street, Ste. 2900; Dallas, TX 75201.
`
`4.
`
`Defendant Samsung Telecommunications America, LLC (“STA”) is a
`
`corporation organized under the laws of the state of Delaware, with a principal place of
`
`business at 1301 East Lookout Drive; Richardson, TX 75082-4124. STA can be served
`
`
`
`2
`
`
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`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 3 of 20 PageID #: 3
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`with process by serving its registered agent: Corporation Service Company; 211 East 7th
`
`Street, Ste. 620; Austin, TX 78701-3218.
`
`5.
`
`Defendant AT&T Inc. is a corporation organized under the laws of the state
`
`of Delaware, with a principal place of business at 208 S. Akard Street; Dallas, TX 75202.
`
`AT&T Inc. can be served with process by serving its registered agent: CT Corporation
`
`System; 350 N. St. Paul Street, Ste. 2900; Dallas, TX 75201.
`
`6.
`
`Defendant AT&T Mobility LLC (“AT&T Mobility”) is a limited liability
`
`company organized under the laws of the state of Delaware, with a principal place of
`
`business at 5565 Glenridge Connector, Ste. 510; Atlanta, GA 30342. AT&T Mobility can
`
`be served with process by serving its registered agent: CT Corporation System; 350 N. St.
`
`Paul Street, Ste. 2900; Dallas, TX 75201.
`
`7.
`
`Defendant Dell Inc. (“Dell”) is a corporation organized under the laws of
`
`the state of Delaware, with a principal place of business at 1 Dell Way, Round Rock, TX
`
`78682-7000. Dell can be served with process by serving its registered agent: Corporation
`
`Service Company; 211 East 7th Street, Ste. 620; Austin, TX 78701-3218.
`
`8.
`
`Defendant Pantech Wireless, Inc. (“Pantech”) is a corporation organized
`
`under the laws of the state of Georgia, with a principal place of business at 5607 Glenridge
`
`Drive, Ste. 500; Atlanta, GA 30342. Under the Texas Long Arm Statute, as well as the
`
`Texas Business Corporations Act, Pantech can be served by serving the Secretary of State
`
`because it is doing business in Texas but has not registered an agent for the service of
`
`process in Texas. The address of its home, home office, and principal office is 5607
`
`Glenridge Drive, Ste. 500; Atlanta, GA 30342.
`
`
`
`3
`
`
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`9.
`
`Defendant HTC America, Inc. (“HTC”) is a corporation organized under the
`
`laws of the state of Washington, with a principal place of business at 13920 SE Eastgate
`
`Way, Ste. 400; Bellevue, WA 98005. HTC can be served with process by serving its
`
`registered agent: National Registered Agents; 16055 Space Center, Ste. 235; Houston, TX
`
`77062.
`
`10.
`
`Defendant Research In Motion Corporation (“RIM”) is a corporation
`
`organized under the laws of the state of Delaware, with a principal place of business at 122
`
`West John Carpenter Parkway, Ste. 430; Irving, TX 75039. RIM can be served with
`
`process by serving its registered agent: CT Corporation System; 350 N. St. Paul Street,
`
`Ste. 2900; Dallas, TX 75201.
`
`11.
`
`Defendant Sharp Electronics Corporation (“Sharp”) is a corporation
`
`organized under the laws of the state of New York, with a principal place of business at
`
`Sharp Plaza; Mahwah, NJ 07430. Sharp can be served with process by serving its
`
`registered agent: CT Corporation System; 350 N. St. Paul Street, Ste. 2900; Dallas, TX
`
`75201.
`
`12.
`
`Defendant Hewlett-Packard Company (“HP”) is a corporation organized
`
`under the laws of the state of Delaware, with a principal place of business at 3000 Hanover
`
`Street; Palo Alto, CA 94304. HP can be served with process by serving its registered
`
`agent: CT Corporation System; 350 N. St. Paul Street, Ste. 2900; Dallas, TX 75201.
`
`13.
`
`Defendant LG Electronics U.S.A., Inc. (“LG Electronics”) is a corporation
`
`organized under the laws of the state of Delaware, with a principal place of business at 920
`
`Sylvan Ave.; Englewood Cliffs, NJ 07632. LG Electronics can be served with process by
`
`
`
`4
`
`
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`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 5 of 20 PageID #: 5
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`serving its registered agent: United States Corporation Co.; 211 East 7th Street, Ste. 620;
`
`Austin, TX 78701-3218.
`
`14.
`
`Defendant LG Electronics MobileComm U.S.A., Inc. (“LG Mobile”) is a
`
`corporation organized under the laws of the state of California, with a principal place of
`
`business at 10101 Old Grove Road; San Diego, CA 92131. LG Mobile can be served with
`
`process by serving its registered agent: National Registered Agents; 16055 Space Center,
`
`Ste. 235; Houston, TX 77062.
`
`15.
`
`Defendant Sony Ericsson Mobile Communications (USA) Inc. (“Sony
`
`Ericsson”) is a corporation organized under the laws of the state of Delaware, with a
`
`principal place of business at 7001 Development Drive; PO Box 13969; Research Triangle
`
`Park, NC 27709. Sony Ericsson can be served with process by serving its registered agent:
`
`Capitol Corporate Services, Inc.; 800 Brazos, Ste. 400; Austin, TX 78701.
`
`16.
`
`Defendant Casio America, Inc. (“Casio”) is a corporation organized under
`
`the laws of the state of New York, with a principal place of business at 570 Mount Pleasant
`
`Ave.; Dover, NJ 07801. Casio can be served with process by serving its registered agent:
`
`United States Corp Company; 211 East 7th Street, Ste. 620; Austin, TX 78701-3218.
`
`17.
`
`Defendant Google Inc. (“Google”) is a corporation organized under the
`
`laws of the state of Delaware, with a principal place of business at 1600 Ampitheatre
`
`Parkway; Mountain View, CA 94043. Google can be served with process by serving its
`
`registered agent: Corporation Service Company dba CSC--Lawyers Incorporating Service
`
`Company; 211 East 7th Street, Ste. 620; Austin, TX 78701-3218.
`
`18.
`
`Defendant Kyocera Communications, Inc. (“Kyocera”) is a corporation
`
`organized under the laws of the state of Delaware, with a principal place of business at
`
`
`
`5
`
`
`
`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 6 of 20 PageID #: 6
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`10300 Campus Point Drive; San Diego, CA 92121. Kyocera can be served with process
`
`by serving its registered agent: Corporation Service Company dba CSC--Lawyers
`
`Incorporating Service Company; 211 East 7th Street, Ste. 620; Austin, TX 78701-3218.
`
`19.
`
`Defendant Verizon Communications, Inc. (“Verizon Communications”) is a
`
`corporation organized under the laws of the state of Delaware, with a principal place of
`
`business at 140 West Street; New York, NY 10007. Under the Texas Long Arm Statute, as
`
`well as the Texas Business Corporations Act, Verizon Communications can be served by
`
`serving the Secretary of State because it is doing business in Texas but has not registered
`
`an agent for the service of process in Texas. The address of its home, home office, and
`
`principal office is 140 West Street; New York, NY 10007.
`
`20.
`
`Defendant Cellco Partnership (dba Verizon Wireless) (“Cellco”) is a
`
`partnership organized under the laws of the state of Delaware, with a principal place of
`
`business at One Verizon Way; Basking Ridge, NJ 07920. Under the Texas Long Arm
`
`Statute, as well as the Texas Business Corporations Act, Cellco can be served by serving
`
`the Secretary of State because it is doing business in Texas but has not registered an agent
`
`for the service of process in Texas. The address of its home, home office, and principal
`
`office is One Verizon Way; Basking Ridge, NJ 07920.
`
`21.
`
`Defendant Sprint Solutions, Inc. (“Sprint Solutions”) is a corporation
`
`organized under the laws of the state of Delaware, with a principal place of business at 701
`
`Brazos St., Ste. 1050; Austin, TX 78701. Sprint Solutions can be served with process by
`
`serving its registered agent: Corporation Service Company dba CSC--Lawyers
`
`Incorporating Service Company; 211 East 7th Street, Ste. 620; Austin, TX 78701-3218.
`
`
`
`6
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`22.
`
`Defendant Sprint Nextel Corporation (“Sprint Nextel”) is a corporation
`
`organized under the laws of the state of Kansas, with a principal place of business at 6200
`
`Sprint Parkway; Overland Park, KS 66251. Under the Texas Long Arm Statute, as well as
`
`the Texas Business Corporations Act, Sprint Nextel can be served by serving the Secretary
`
`of State because it is doing business in Texas but has not registered an agent for the service
`
`of process in Texas. The address of its home, home office, and principal office is 6200
`
`Sprint Parkway; Overland Park, KS 66251.
`
`23.
`
`Defendant T-Mobile USA, Inc. (“T-Mobile”) is a corporation organized
`
`under the laws of the state of Delaware, with a principal place of business at 12920 SE
`
`38th Street; Bellevue, WA 98006. T-Mobile can be served with process by serving its
`
`registered agent: Corporation Service Company; 211 East 7th Street, Ste. 620; Austin, TX
`
`78701-3218.
`
`24.
`
`Defendant Boost Mobile, LLC (“Boost”) is a limited liability company
`
`organized under the laws of the state of Delaware, with a principal place of business at
`
`6200 Sprint Parkway, KSOPHF0302-3B124; Overland Park, KS 66251. Boost can be
`
`served with process by serving its registered agent: Corporation Service Company dba
`
`CSC--Lawyers Incorporating Service Company; 211 East 7th Street, Ste. 620; Austin, TX
`
`78701-3218.
`
`25.
`
`Defendant Virgin Mobile USA, Inc. (“Virgin Mobile”) is a corporation
`
`organized under the laws of the state of Delaware, with a principal place of business at 10
`
`Independence Blvd.; Warren, NJ 07059. Under the Texas Long Arm Statute, as well as the
`
`Texas Business Corporations Act, Virgin Mobile can be served by serving the Secretary of
`
`State because it is doing business in Texas but has not registered an agent for the service of
`
`
`
`7
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`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 8 of 20 PageID #: 8
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`process in Texas. The address of its home, home office, and principal office is 10
`
`Independence Blvd.; Warren, NJ 07059..
`
`26.
`
`Defendant Virgin Mobile USA, L.P. (“Virgin Limited”) is a limited
`
`partnership organized under the laws of the state of Delaware, with a principal place of
`
`business at 10960 Wilshire Blvd., Ste. 600; Los Angeles, CA 90024. Virgin Limited can
`
`be served with process by serving its registered agent: Corporation Service Company dba
`
`CSC--Lawyers Incorporating Service Company; 211 East 7th Street, Ste. 620; Austin, TX
`
`78701-3218.
`
`27.
`
`Defendant United States Cellular Corporation (“US Cellular”) is a
`
`corporation organized under the laws of the state of Delaware, with a principal place of
`
`business at 8410 West Bryn Mawr, Ste. 700; Chicago, IL 60631. Under the Texas Long
`
`Arm Statute, as well as the Texas Business Corporations Act, US Cellular can be served by
`
`serving the Secretary of State because it is doing business in Texas but has not registered
`
`an agent for the service of process in Texas. The address of its home, home office, and
`
`principal office is 8410 West Bryn Mawr, Ste. 700; Chicago, IL 60631.
`
`28.
`
`Defendant MetroPCS Communications, Inc. (“MetroPCS”) is a corporation
`
`organized under the laws of the state of Delaware, with a principal place of business at
`
`2250 Lakeside Blvd.; Richardson, TX 75082. Under the Texas Long Arm Statute, as well
`
`as the Texas Business Corporations Act, MetroPCS can be served by serving the Secretary
`
`of State because it is doing business in Texas but has not registered an agent for the service
`
`of process in Texas. The address of its home, home office, and principal office is 2250
`
`Lakeside Blvd.; Richardson, TX 75082.
`
`
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`8
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`29.
`
`Defendant Leap Wireless International, Inc. (“Leap Wireless”) is a
`
`corporation organized under the laws of the state of Delaware, with a principal place of
`
`business at 5887 Copley Drive; San Diego, CA 92111. Under the Texas Long Arm
`
`Statute, as well as the Texas Business Corporations Act, Leap Wireless can be served by
`
`serving the Secretary of State because it is doing business in Texas but has not registered
`
`an agent for the service of process in Texas. The address of its home, home office, and
`
`principal office is 5887 Copley Drive; San Diego, CA 92111.
`
`30.
`
`Defendant STX Wireless Operations, LLC (“STX”) is a limited liability
`
`company organized under the laws of the state of Delaware, with a principal place of
`
`business at 5887 Copley Drive; San Diego, CA 92111. STX can be served with process by
`
`serving its registered agent: Corporation Service Company dba CSC--Lawyers
`
`Incorporating Service Company; 211 East 7th Street, Ste. 620; Austin, TX 78701-3218.
`
`31.
`
`Defendant Huawei Technologies USA Inc. (“Huawei”) is a corporation
`
`organized under the laws of the state of Texas, with a principal place of business at 5700
`
`Tennyson Parkway; Ste. 500; Plano, Texas 75024. Huawei can be served with process by
`
`serving its registered agent: CT Corporation System; 350 N. St. Paul Street, Ste. 2900;
`
`Dallas, TX 75201.
`
`32.
`
`Defendant ZTE (USA) Inc. (“ZTE”) is a corporation organized under the
`
`laws of the state of New Jersey, with a principal place of business at 2425 North Central
`
`Expressway, Ste. 600; Richardson, TX 75080. ZTE can be served with process by serving
`
`its registered agent: Li Mo; 4585 Spencer Drive; Plano, TX 75024.
`
`33.
`
`Defendant RadioShack Corporation (“RadioShack”) is a corporation
`
`organized under the laws of the state of Delaware, with a principal place of business at 300
`
`
`
`9
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`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 10 of 20 PageID #: 10
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`RadioShack Circle, Fort Worth, Texas. RadioShack can be served with process by serving
`
`its registered agent: Corporation Service Company dba CSC--Lawyers Incorporating
`
`Service Company; 211 East 7th Street, Ste. 620; Austin, TX 78701-3218.
`
`JURISDICTION AND VENUE
`
`34.
`
`This is an action for infringement of a United States patent arising under 35
`
`U.S.C. §§ 271, 281, and 284-285, among others. This Court has subject matter jurisdiction
`
`of the action under 28 U.S.C. §1331 and §1338(a).
`
`35.
`
`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`Upon information and belief, each defendant has transacted business in this district, and
`
`has committed and/or induced acts of patent infringement in this district.
`
`36.
`
`Each defendant is subject to this Court’s specific and general personal
`
`jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to
`
`each defendant’s substantial business in this forum, including: (i) at least a portion of the
`
`infringements alleged herein; and/or (ii) regularly doing or soliciting business, engaging in
`
`other persistent courses of conduct, and/or deriving substantial revenue from goods and
`
`services provided to individuals in Texas and in this district.
`
`JOINDER
`
`37.
`
`Defendants are properly joined under 35 U.S.C. § 299(a)(1) because a right
`
`to relief is asserted against the parties jointly, severally, and in the alternative with respect
`
`to the same transaction, occurrence, or series of transactions or occurrences relating to the
`
`making, using, importing into the United States, offering for sale, and/or selling the same
`
`accused products. Specifically, as alleged in detail below, defendants are alleged to
`
`
`
`10
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`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 11 of 20 PageID #: 11
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`infringe the patent in suit with respect to a large number of overlapping smartphone
`
`products.
`
`38.
`
`Defendants are properly joined under 35 U.S.C. § 299(a)(2). Questions of
`
`fact will arise that are common to all defendants, including for example, whether the
`
`overlapping smartphone products alleged to infringe have features that meet the limitations
`
`of one or more claims of the patent-in-suit, and what reasonable royalty will be adequate to
`
`compensate the owner of the patent-in-suit for its infringement.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 5,279,421
`
`39.
`
`On January 3, 1995, United States Patent No. 5,379,421 was duly and
`
`legally issued by the United States Patent and Trademark Office for an invention entitled
`
`“Interactive Terminal For The Access Of Remote Database Information.” On October 10,
`
`1995, a certificate of correction of the 421 patent was duly and legally issued by the Patent
`
`Office. A true and correct copy of the 421 patent, along with its certificate of correction, is
`
`attached hereto as Exhibit A.
`
`40.
`
`Garnet is the owner of the 421 patent with all substantive rights in and to
`
`that patent, including the sole and exclusive right to prosecute this action and enforce the
`
`421 patent against infringers, and to collect damages for all relevant times.
`
`41.
`
`Apple directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least iPhones) that infringed one or more claims of the 421 patent, and/or
`
`induced infringement and/or contributed to the infringement of one or more of the claims
`
`of the 421 patent by its customers.
`
`
`
`11
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`42.
`
`Samsung Electronics and STA (collectively “Samsung”) directly or through
`
`intermediaries, made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems (including at least the Samsung Captivate,
`
`Continuum, Conquer, Dart, Droid, Epic, Exhibit, Fascinate, Focus, Galaxy, Gravity,
`
`Indulge, Infuse, Intercept, Mesmerize, Replenish, Prevail, Restore, Stratosphere, Transfix,
`
`Transform, and Vitality smartphones) that infringed one or more claims of the 421 patent,
`
`and/or induced infringement and/or contributed to the infringement of one or more of the
`
`claims of the 421 patent by its customers.
`
`43.
`
`AT&T Inc. and AT&T Mobility (collectively “AT&T”) directly or through
`
`intermediaries, made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems (including at least the AT&T Impulse; the
`
`Apple iPhone; the Dell Venue; the HTC HD7, Inspire, and Status; the LG Pheonix and
`
`Thrill; the Motorola Atrix; Palm Pixi; Pantech Crossover; Samsung Captivate, Focus,
`
`Galaxy, and Infuse; Sharp FX; and Sony Ericsson Xperia smartphones) that infringed one
`
`or more claims of the 421 patent, and/or induced infringement and/or contributed to the
`
`infringement of one or more of the claims of the 421 patent by its customers.
`
`44.
`
`Dell directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least Dell Venue smartphones) that infringed one or more claims of the 421
`
`patent, and/or induced infringement and/or contributed to the infringement of one or more
`
`of the claims of the 421 patent by its customers.
`
`45.
`
`Pantech directly or through intermediaries, made, had made, used,
`
`imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
`
`
`
`12
`
`
`
`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 13 of 20 PageID #: 13
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`systems (including at least Pantech Breakout and Crossover smartphones) that infringed
`
`one or more claims of the 421 patent, and/or induced infringement and/or contributed to
`
`the infringement of one or more of the claims of the 421 patent by its customers.
`
`46.
`
`HTC directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least HTC Amaze, 7 Pro, Arrive, Desire EVO HD7, Hero, Inspire Merge,
`
`Radar, Rhyme, Sensation, Status, Thunderbolt, Trophy, and Wildfire smartphones) that
`
`infringed one or more claims of the 421 patent, and/or induced infringement and/or
`
`contributed to the infringement of one or more of the claims of the 421 patent by its
`
`customers.
`
`47.
`
`RIM directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least BlackBerry Bold, Curve, Torch, and Tour smartphones) that infringed
`
`one or more claims of the 421 patent, and/or induced infringement and/or contributed to
`
`the infringement of one or more of the claims of the 421 patent by its customers.
`
`48.
`
`Sharp directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least Sharp FX smartphones) that infringed one or more claims of the 421
`
`patent, and/or induced infringement and/or contributed to the infringement of one or more
`
`of the claims of the 421 patent by its customers.
`
`49.
`
`HP directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least HP Veer, Palm Pixi, and Palm Pre2 smartphones) that infringed one or
`
`
`
`13
`
`
`
`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 14 of 20 PageID #: 14
`
`more claims of the 421 patent, and/or induced infringement and/or contributed to the
`
`infringement of one or more of the claims of the 421 patent by its customers.
`
`50.
`
`LG Electronics and LG Mobile (collectively “LG”) directly or through
`
`intermediaries, made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems (including at least LG Enlighten, Marquee,
`
`Doubleplay, Esteem, Genesis, Optimus, Phoenix, Revolution, Rumor, Thrill, and Vortex
`
`smartphones) that infringed one or more claims of the 421 patent, and/or induced
`
`infringement and/or contributed to the infringement of one or more of the claims of the 421
`
`patent by its customers.
`
`51. Motorola directly or through intermediaries, made, had made, used,
`
`imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
`
`systems (including at least Motorola Admiral, Atrix, Citrus, Cliq, Droid, Electrify,
`
`ES400S, XPRT, Photon, Titanium, and Triumph smartphones) that infringed one or more
`
`claims of the 421 patent, and/or induced infringement and/or contributed to the
`
`infringement of one or more of the claims of the 421 patent by its customers.
`
`52.
`
`Sony Ericsson directly or through intermediaries, made, had made, used,
`
`imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
`
`systems (including at least Sony Ericsson Xperia smartphones) that infringed one or more
`
`claims of the 421 patent, and/or induced infringement and/or contributed to the
`
`infringement of one or more of the claims of the 421 patent by its customers.
`
`53.
`
`Casio directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least GzOne smartphones) that infringed one or more claims of the 421
`
`
`
`14
`
`
`
`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 15 of 20 PageID #: 15
`
`patent, and/or induced infringement and/or contributed to the infringement of one or more
`
`of the claims of the 421 patent by its customers.
`
`54.
`
`Google directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least Google Nexus smartphones) that infringed one or more claims of the
`
`421 patent, and/or induced infringement and/or contributed to the infringement of one or
`
`more of the claims of the 421 patent by its customers.
`
`55.
`
`Kyocera directly or through intermediaries, made, had made, used,
`
`imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
`
`systems (including at least Milano, Sanyo Zio, and Sanyo Incognito smartphones) that
`
`infringed one or more claims of the 421 patent, and/or induced infringement and/or
`
`contributed to the infringement of one or more of the claims of the 421 patent by its
`
`customers.
`
`56.
`
`Verizon Communications and Cellco (collectively “Verizon”) directly or
`
`through intermediaries, made, had made, used, imported, provided, supplied, distributed,
`
`sold, and/or offered for sale products and/or systems (including at least Apple iPhone; RIM
`
`Bold, Curve, Torch, Tour; Casio GzOne; HTC Rhyme, Thunderbolt, and Trophy; LG
`
`Enlighten, Revolution, and Vortex; Motorola Citrus and Droid; Palm Pre2; Pantech
`
`Breakout; and Samsung Continuum, Droid, Fascinate, Galaxy, and Stratosphere; and Sony
`
`Ericsson Xperia smartphones) that infringed one or more claims of the 421 patent, and/or
`
`induced infringement and/or contributed to the infringement of one or more of the claims
`
`of the 421 patent by its customers.
`
`
`
`15
`
`
`
`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 16 of 20 PageID #: 16
`
`57.
`
`Sprint Solutions and Sprint Nextel (collectively “Spring”) directly or
`
`through intermediaries, made, had made, used, imported, provided, supplied, distributed,
`
`sold, and/or offered for sale products and/or systems (including at least Apple iPhone; RIM
`
`Bold, Curve, Torch, and Tour; Google Nexus; HTC Arrive and EVO; Kyocera Milano; LG
`
`Marquee and Optimus; and Motorola Admiral, ES400S, XPRT, Photon, and Titanium; and
`
`Samsung Conquer, Epic, Galaxy, Replenish, and Transform smartphones) that infringed
`
`one or more claims of the 421 patent, and/or induced infringement and/or contributed to
`
`the infringement of one or more of the claims of the 421 patent by its customers.
`
`58.
`
`T-Mobile directly or through intermediaries, made, had made, used,
`
`imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
`
`systems (including at least RIM Bold and Curve; HTC Amaze, HD7, Radar, Sensation,
`
`and Wildfire; LG DoublePlay and Optimus; Motorola Cliq; Samsung Dart, Exhibit,
`
`Galaxy, and Gravity; and T-Mobile Comet, G2x, myTouch, and Sidekick smartphones)
`
`that infringed one or more claims of the 421 patent, and/or induced infringement and/or
`
`contributed to the infringement of one or more of the claims of the 421 patent by its
`
`customers.
`
`59.
`
`Boost directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least RIM Curve; Kyocera Sanyo Incognito; Samsung Prevail and Transform;
`
`and ZTE Warp smartphones) that infringed one or more claims of the 421 patent, and/or
`
`induced infringement and/or contributed to the infringement of one or more of the claims
`
`of the 421 patent by its customers.
`
`
`
`16
`
`
`
`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 17 of 20 PageID #: 17
`
`60.
`
`Virgin Mobile and Virgin Limited (collectively “Virgin”) directly or
`
`through intermediaries, made, had made, used, imported, provided, supplied, distributed,
`
`sold, and/or offered for sale products and/or systems (including at least RIM Curve; HTC
`
`Wildfire; LG Optimus and Rumor; Motorola Triumph and Intercept; and Samsung Restore
`
`smartphones) that infringed one or more claims of the 421 patent, and/or induced
`
`infringement and/or contributed to the infringement of one or more of the claims of the 421
`
`patent by its customers.
`
`61.
`
`US Cellular directly or through intermediaries, made, had made, used,
`
`imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
`
`systems (including at least RIM Bold, Curve, and Torch; HTC 7Pro, Desire, Hero, Merge,
`
`and Wildfire; LG Genesis, and Optimus; Motorola Electrify; and Samsung Character and
`
`Mesmerize smartphones) that infringed one or more claims of the 421 patent, and/or
`
`induced infringement and/or contributed to the infringement of one or more of the claims
`
`of the 421 patent by its customers.
`
`62. MetroPCS directly or through intermediaries, made, had made, used,
`
`imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
`
`systems (including at least Huawei M835; LG Esteem; Samsung Admire, Craft, and
`
`Galaxy smartphones) that infringed one or more claims of the 421 patent, and/or induced
`
`infringement and/or contributed to the infringement of one or more of the claims of the 421
`
`patent by its customers.
`
`63.
`
`Leap Wireless and STX (collectively “Leap”) directly or through
`
`intermediaries, made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems (including at least RIM Curve; Huawei
`
`
`
`17
`
`
`
`Case 6:11-cv-00647-LED Document 1 Filed 12/02/11 Page 18 of 20 PageID #: 18
`
`Ascend; Kyocera Sanyo Zio; LG Optimus; Samsung Indulge, Transfix, and Vitality; and
`
`ZTE Score smartphones) that infringed one or more claims of the 421 patent, and/or
`
`induced infringement and/or contributed to the infringement of one or more of the claims
`
`of the 421 patent by its customers.
`
`64.
`
`Huawei directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least Huawei Ascend and M835 smartphones) that infringed one or more
`
`claims of the 421 patent, and/or induced infringement and/or contributed to the
`
`infringement of one or more of the claims of the 421 patent by its customers.
`
`65.
`
`ZTE directly or through intermediaries, made, had made, used, imported,
`
`provided, supplied, distributed, sold, and/or offered for sale products and/or systems
`
`(including at least ZTE Score and Warp smartphones) that infringed one or more claims of
`
`the 421 patent, and/or induced infringement and/or contributed to the infringement of one
`
`or more of the claims of the 421 patent by its customers.
`
`66.
`
`RadioShack directly or through intermediaries, made, had made, used,
`
`imported, provided, supplied, d
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