Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 1 of 84 PageID 1
`
`
`
`SUMMIT 6 LLC,
`
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`WICHITA FALLS DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`CIVIL ACTION NO. 7:14-cv-00014
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`HTC CORPORATION,
`HTC AMERICA, INC.,
`LG ELECTRONICS, INC.,
`LG ELECTRONICS USA, INC.,
`LG ELECTRONICS MOBILECOMM
`USA, INC.,
`MOTOROLA MOBILITY LLC,
`APPLE INC., and
`TWITTER INC.,
`
`
`Defendants.
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Summit 6 LLC (“Summit 6”) files this Original Complaint for Patent
`
`Infringement against Defendants HTC Corporation (“HTC Corp.”), HTC America, Inc. (“HTC
`
`America”), LG Electronics, Inc. (“LGE Inc.”), LG Electronics USA, Inc. (“LGE USA”), LG
`
`Electronics Mobilecomm USA, Inc. (“LGE MobileComm”), Motorola Mobility LLC
`
`(“Motorola”), Apple Inc. (“Apple”), and Twitter Inc. (“Twitter”) (HTC Corp., HTC America,
`
`LGE Inc., LGE USA, LGE MobileComm, Motorola, Apple, and Twitter, collectively
`
`“Defendants”) and allege as follows:
`
`BACKGROUND
`
`1.
`
`For approximately two decades, Summit 6 and its predecessor companies
`
`PictureWorks and AdMission have pioneered the development of numerous digital content
`
`technologies, resulting in several patents. When the first digital cameras came to the U.S. market
`
`in the early 1990s, the inventors, while working at a company called PictureWorks, developed
`
`
`
`McKool 950190v2
`
`Petitioner - Exhibit 1002
`Page 1 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 2 of 84 PageID 2
`
`
`image-transfer software that allowed users to transfer pictures from their cameras to their
`
`computers. Through its partnerships with Kodak, Casio, Epson, Fuji and others, PictureWorks
`
`was able to bundle its software with the leading digital imagery hardware of the day, reaching
`
`users all across America.
`
`2.
`
`Although their camera-to-computer software was successful, the inventors
`
`recognized the next hurdle users would face: sharing images with others over a network.
`
`Noticing the difficulties the digital imaging industry encountered on this front, the inventors
`
`devoted their expertise to developing a simple solution to this problem. This solution culminated
`
`in the ideas patented in U.S. Patent Nos. 6,895,557 (“the ’557 Patent”), 7,765,482 (“the ’482
`
`Patent”), and 8,612,515 (“the ’515 Patent”) (collectively “the Patents-in-Suit”).
`
`3.
`
`Summit 6’s patented ideas help countless users and companies easily and
`
`efficiently transfer digital content such as digital photos.
`
` Websites and smartphone
`
`manufacturers such as eBay, Facebook, The Dallas Morning News, Cars.com, Yellowpages.com,
`
`The New York Times, Photobucket, and Blackberry (formerly Research in Motion) have all
`
`recognized the value associated with Summit 6’s technology and have taken licenses to the
`
`Patents-in-Suit. And in April 2013, a jury validated Summit 6’s innovation by finding that the
`
`multimedia messaging service (“MMS”) on Samsung’s phones infringed Summit 6’s ’482
`
`Patent.
`
`PARTIES
`
`4.
`
`Plaintiff Summit 6 is a Delaware limited liability company with its principal place
`
`of business at 14850 Quorum Drive, Suite 325, Dallas, Texas 75254.
`
`5.
`
`Defendant HTC Corp. is a Taiwanese corporation with its principal place of
`
`business at No. 88, Section 3, Zhongxing Road, Xindian District, New Taipei City, 231, Taiwan.
`
`HTC Corp. designs, manufactures, uses, imports into the United States, sells, and/or offers for
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 2
`
`Petitioner - Exhibit 1002
`Page 2 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 3 of 84 PageID 3
`
`
`sale in the United States cell phones, tablets, and other computing devices that obtain digital
`
`content, pre-process it, and transmit it to another device, server, or location via multimedia
`
`messages (“MMS messages”), applications, Application Programing Interfaces (“APIs”), and/or
`
`functionality added to the native content sharing options (collectively “upload services and/or
`
`devices”). HTC Corp.’s upload services and/or devices are marketed, offered for sale, and/or
`
`sold throughout the United States, including within this District. HTC Corp. can be served with
`
`process by way of letters rogatory, in accordance with Fed. R. Civ. P. 4(f).
`
`6.
`
`Defendant HTC America is a Washington corporation with its principal place of
`
`business at 13920 SE Eastgate Way, Suite 400, Bellevue, Washington 98005. HTC America
`
`designs, manufactures, uses, imports into the United States, sells, and/or offers for sale in the
`
`United States cell phones, tablets, and other computing devices that obtain digital content, pre-
`
`process it, and transmit it to another device, server, or location via multimedia messages (“MMS
`
`messages”), applications, Application Programing Interfaces (“APIs”), and/or functionality
`
`added to the native content sharing options (collectively “upload services and/or devices”). HTC
`
`America’s upload services and/or devices are marketed, offered for sale, and/or sold throughout
`
`the United States, including within this District. HTC America can be served with process by
`
`serving National Registered Agents, Inc., 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
`
`7.
`
`Defendant LGE Inc. is a Korean corporation with its principal place of business at
`
`LG Twin Tower 128, Yeoui-daero, Yengdeungpo-gu, Seoul 150-721, Korea. LGE Inc. designs,
`
`manufactures, uses, imports into the United States, sells, and/or offers for sale in the United
`
`States cell phones, tablets, and other computing devices that obtain digital content, pre-process it,
`
`and transmit it to another device, server, or location via multimedia messages (“MMS
`
`messages”), applications, Application Programing Interfaces (“APIs”), and/or functionality
`
`added to the native content sharing options (collectively “upload services and/or devices”). LGE
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 3
`
`Petitioner - Exhibit 1002
`Page 3 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 4 of 84 PageID 4
`
`
`Inc.’s upload services and/or devices are marketed, offered for sale, and/or sold throughout the
`
`United States, including within this District. LGE Inc. can be served with process, by serving in
`
`accordance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial
`
`Documents, in accordance with Fed. R. Civ. P. 4(f).
`
`8.
`
`Defendant LGE USA is a Delaware corporation with its principal place of
`
`business at 920 Sylvan Avenue, Englewood Cliffs, New Jersey 07632. LGE USA designs,
`
`manufactures, uses, imports into the United States, sells, and/or offers for sale in the United
`
`States cell phones, tablets, and other computing devices that obtain digital content, pre-process it,
`
`and transmit it to another device, server, or location via multimedia messages (“MMS
`
`messages”), applications, Application Programing Interfaces (“APIs”), and/or functionality
`
`added to the native content sharing options (collectively “upload services and/or devices”). LGE
`
`USA’s upload services and/or devices are marketed, offered for sale, and/or sold throughout the
`
`United States, including within this District. LGE USA can be served with process by serving
`
`United States Corporation Company, 211 E. 7th Street Suite 620, Austin, Texas 78701.
`
`9.
`
`Defendant LGE MobileComm is a California corporation with its principal place
`
`of business at 10101 Old Grove Road, San Diego, CA 92131. LGE MobileComm designs,
`
`manufactures, uses, imports into the United States, sells, and/or offers for sale in the United
`
`States cell phones, tablets, and other computing devices that obtain digital content, pre-process it,
`
`and transmit it to another device, server, or location via multimedia messages (“MMS
`
`messages”), applications, Application Programing Interfaces (“APIs”), and/or functionality
`
`added to the native content sharing options (collectively “upload services and/or devices”). LGE
`
`MobileComm’s upload services and/or devices are marketed, offered for sale, and/or sold
`
`throughout the United States, including within this District. LGE MobileComm can be served
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 4
`
`Petitioner - Exhibit 1002
`Page 4 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 5 of 84 PageID 5
`
`
`with process by serving National Registered Agents, Inc., 1999 Bryan Street, Suite 900, Dallas,
`
`Texas 75201.
`
`10.
`
`Defendant Motorola is a Delaware corporation with its principal place of business
`
`at 600 North U.S. Highway 45, Libertyville, Illinois 60048. Motorola designs, manufactures,
`
`uses, imports into the United States, sells, and/or offers for sale in the United States cell phones,
`
`tablets, and other computing devices that obtain digital content, pre-process it, and transmit it to
`
`another device, server, or location via multimedia messages (“MMS messages”), applications,
`
`Application Programing Interfaces (“APIs”), and/or functionality added to the native content
`
`sharing options (collectively “upload services and/or devices”). Motorola’s upload services
`
`and/or devices are marketed, offered for sale, and/or sold throughout the United States, including
`
`within this District. Motorola can be served with process by serving CT Corporation System,
`
`1999 Bryan Street, Suite 900, Dallas, Texas 75201.
`
`11.
`
`Defendant Apple is a California corporation, with its principal place of business at
`
`1 Infinite Loop, M/S 38-3TX, Cupertino, California 95014. Apple designs, manufactures, uses,
`
`imports into the United States, sells, and/or offers for sale in the United States cell phones,
`
`tablets, and other computing devices that obtain digital content, pre-process it, and transmit it to
`
`another device, server, or location via multimedia messages (“MMS messages”), iMessages,
`
`applications, Application Programing Interfaces (“APIs”), and/or functionality added to the
`
`native content sharing options (collectively “upload services and/or devices”). Apple’s upload
`
`services and/or devices are marketed, offered for sale, and/or sold throughout the United States,
`
`including within this District. Apple can be served with process by serving CT Corporation
`
`System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
`
`12.
`
`Defendant Twitter is a Delaware corporation, with its principal place of business
`
`at 1355 Market Street, Suite 900, San Francisco, California 94103. Twitter designs,
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 5
`
`Petitioner - Exhibit 1002
`Page 5 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 6 of 84 PageID 6
`
`
`manufactures, uses, imports into the United States, sells, and/or offers for sale in the United
`
`States services, servers, applications, Application Programming Interfaces (“APIs”), and/or
`
`functionality added to the native content sharing options within cell phones, tablets, and other
`
`computing devices that transmit pre-processing parameters; receive pre-processed digital
`
`content; obtain digital content, pre-process it, and transmit it to another device, server, or
`
`location; and/or distribute pre-processed digital content to a another device, server, or location
`
`(collectively “upload services”). Twitter makes, uses, sells, imports, and/or offers applications,
`
`APIs, and/or functionality added to the native content sharing options for devices from co-
`
`defendants HTC Corp., HTC America, LGE Inc., LGE USA, LGE MobileComm, Motorola, and
`
`Apple. Twitter’s upload services are marketed, offered for sale, and/or sold throughout the
`
`United States, including within this District. Twitter can be served with process by way of the
`
`Texas Secretary of State, in accordance with Fed. R. Civ. P. 4(h).
`
`JURISDICTION AND VENUE
`
`13.
`
`This is a civil action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. § 101 et seq., including 35 U.S.C. §§ 271 and 281-285. Jurisdiction is
`
`conferred on this Court pursuant to 28 U.S.C. §§ 1331 and 1338.
`
`14.
`
`Venue is proper in the Wichita Falls Division of the Northern District of Texas
`
`pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`15.
`
`This Court has personal jurisdiction over Defendants. Defendants have conducted
`
`and do conduct business within the State of Texas. Defendants, directly or through subsidiaries
`
`or intermediaries (including distributors, retailers, and others), ship, distribute, offer for sale, sell,
`
`design, manufacture, and advertise products and/or services that infringe the Patents-in-Suit in
`
`the United States, the State of Texas, and the Northern District of Texas. Defendants, directly
`
`and through subsidiaries and intermediaries, have purposefully and voluntarily placed one or
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 6
`
`Petitioner - Exhibit 1002
`Page 6 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 7 of 84 PageID 7
`
`
`more of their infringing upload services and/or devices, as described below, into the stream of
`
`commerce with the expectation that they will be purchased and used by consumers in the
`
`Northern District of Texas. These infringing upload services and/or devices have been and
`
`continue to be purchased and used by consumers in the Northern District of Texas. Defendants
`
`have committed acts of patent infringement with the State of Texas and, more particularly,
`
`within the Northern District of Texas.
`
`THE ASSERTED PATENTS
`
`16.
`
`On May 17, 2005, the U.S. Patent and Trademark Office duly and legally issued
`
`U.S. Patent No. 6,895,557, entitled “Web-Based Media Submission Tool,” to Lisa T. Wood,
`
`Scott M. Lewis, and Robin T. Fried. Summit 6 is the owner by assignment of the ’557 Patent
`
`and possesses all rights of recovery under the ’557 Patent. A true and correct copy of the ’557
`
`Patent is attached hereto as Exhibit A and incorporated herein by reference.
`
`17.
`
`On July 27, 2010, the U.S. Patent and Trademark Office duly and legally issued
`
`U.S. Patent No. 7,765,482, entitled “Web-Based Media Submission Tool,” to Lisa T. Wood,
`
`Scott M. Lewis, and Robin T. Fried. Summit 6 is the owner by assignment of the ’482 Patent
`
`and possesses all rights of recovery under the ’482 Patent. A true and correct copy of the ’482
`
`Patent is attached hereto as Exhibit B and incorporated herein by reference.
`
`18.
`
`On December 17, 2013, The U.S. Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,612,515, entitled “System, Method, and Apparatus for Media
`
`Submission,” to Lisa T. Wood, Scott M. Lewis, and Robin T. Fried. Summit 6 is the owner by
`
`assignment of the ’515 Patent and possesses all rights of recovery under the ’515 Patent. A true
`
`and correct copy of the ’515 Patent is attached hereto as Exhibit C and incorporated herein by
`
`reference.
`
`19.
`
`The Patents-in-Suit are valid and enforceable.
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 7
`
`Petitioner - Exhibit 1002
`Page 7 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 8 of 84 PageID 8
`
`
`
`GENERAL ALLEGATIONS
`
`20.
`
`Defendants have and continue to make, use, import into the United States, market,
`
`offer for sale, and/or sell in the United States upload services and/or devices that infringe the
`
`Patents-in-Suit, and/or induce or contribute to the infringement of the Patents-in-Suit by others,
`
`including other co-defendants and end users.
`
`21.
`
`Summit 6 has been damaged as a result of Defendants’ infringing conduct.
`
`Defendants are therefore liable to Summit 6 in an amount that adequately compensates Summit 6
`
`for Defendants’ infringement, which, by law, cannot be less than a reasonable royalty, together
`
`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`COUNT I
`
`Infringement of the ’482 Patent
`
`22.
`
`Summit 6 repeats and realleges the allegations in paragraphs 1-21 as though fully
`
`set forth herein.
`
`HTC Corp. Infringes the ’482 Patent
`
`23.
`
`HTC Corp. has and continues to directly infringe the ’482 Patent by making,
`
`using, selling, offering for sale, or importing into the United States products and/or methods
`
`covered by at least claims 1, 4, 6, 8-10, 12-14, 16-19, 21-23, 25, 35, 38, 40-42, 44-46, and 49-50
`
`of the ’482 Patent (hereinafter the “’482 HTC Asserted Claims”), including, but not limited to
`
`HTC Corp.’s upload services and/or devices. The accused upload services and/or devices that
`
`infringe one or more of the above-listed claims include, but are not limited to, at least the
`
`following: Desire, One, One max, One mini, Droid DNA, Evo 4G LTE, Droid Incredible 4G
`
`LTE, One SV, One X+, Desire C, One X, One VX, One S, One V, EVO Design 4G, Vivid,
`
`Rezound, Rhyme, Sensation, Hero S, and any other HTC Corp. mobile device capable of
`
`obtaining digital content, pre-processing it, and transmitting it to another device, server, or
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 8
`
`Petitioner - Exhibit 1002
`Page 8 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 9 of 84 PageID 9
`
`
`location; the HTC Messaging Application, including its MMS functionality; HTC Corp.’s
`
`Messaging-related APIs; the integrated Twitter content upload functionality; and the MMS-to-
`
`Twitter functionality. Further discovery may reveal additional infringing products, models,
`
`and/or functionality.
`
`24.
`
`HTC Corp. makes, uses, sells, offers for sale, or imports into the United States
`
`these upload services and/or devices and thus directly infringes at least the ’482 HTC Asserted
`
`Claims. Upon information and belief, HTC Corp. also uses these upload services and/or devices
`
`via its internal use and testing in the United States, directly infringing each of the ’482 HTC
`
`Asserted Claims. HTC Corp. also directly infringes the ’482 HTC Asserted Claims when its
`
`mobile devices execute the code responsible for the operation of the accused upload services
`
`and/or devices.
`
`25.
`
`HTC Corp. has and continues to induce and contribute to infringement of the ’482
`
`Patent by intending that others make, use, import into, offer for sale, or sell in the United States,
`
`products and/or methods covered by the ’482 HTC Asserted Claims, including, but not limited to
`
`HTC Corp.’s upload services and/or devices listed above. HTC Corp. provides these upload
`
`services and/or devices to others, such as manufacturers, customers, resellers, and end-use
`
`consumers who in turn use, offer for sale, or sell in the United States these upload services
`
`and/or devices that infringe the ’482 HTC Asserted Claims.
`
`26.
`
`HTC Corp. indirectly infringes the ’482 Patent by inducing infringement by
`
`others, such as manufacturers, customers, resellers, and end-use customers, in accordance with
`
`35 U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
`
`result of activities performed by the manufacturers, customers, resellers, and/or end-use
`
`customers of the accused upload services and/or devices. HTC Corp. received notice of the ’482
`
`Patent at least as of the date this lawsuit was filed. HTC Corp. provides the accused upload
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 9
`
`Petitioner - Exhibit 1002
`Page 9 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 10 of 84 PageID 10
`
`
`services and/or devices to others, such as manufacturers, customers, resellers, and/or end-use
`
`customers, in the United States, who, in turn, offer for sale, sell, or use these upload services
`
`and/or devices to infringe the ’482 Patent. Through its manufacture and sale of the accused
`
`upload services and/or devices, HTC Corp. specifically intended its manufacturers, customers,
`
`resellers, and/or end-use customers to infringe the ’482 Patent.
`
`27.
`
`HTC Corp. specifically intends for others, such as manufacturers, customers,
`
`resellers, and end-use customers, to directly infringe the ’482 HTC Asserted Claims in the
`
`United States. For example, HTC Corp. provides instructions to manufacturers, customers,
`
`resellers and end-use customers regarding the use and operation of HTC Corp.’s products in an
`
`infringing way. Such instructions include at least “HTC Desire 601 User Guide,”1 “Your HTC
`
`One User Guide,”2 “HTC One Max User Guide,”3 and other similar user guides and support
`
`documentation available on HTC Corp.’s support website.4 When manufacturers, customers,
`
`resellers, and end-use customers follow such instructions, they directly infringe the ’482 HTC
`
`Asserted Claims. HTC Corp. knows that by providing such instructions, manufacturers,
`
`customers, resellers, and end-use customers follow those instructions, and directly infringe the
`
`’482 HTC Asserted Claims. HTC Corp. thus knows that its actions actively induce infringement.
`
`HTC Corp. performed the acts that constitute induced infringement, and would induce actual
`
`infringement, with the knowledge of the ’482 Patent, and with knowledge or willful blindness
`
`that the induced acts would constitute infringement.
`
`28.
`
`HTC Corp. indirectly infringes the ’482 Patent, by contributing to infringement
`
`by others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
`
`1 Available on HTC Corp.’s website at
`http://dl4.htc.com/web_materials/Manual/HTC_Desire_601/HTC_Desire_601_Virgin_Mobile_User_Guide.pdf.
`2 Available on HTC Corp.’s website at
`http://dl4.htc.com/web_materials/Manual/HTC_One/HTC_One_ATT_User_Guide.pdf.
`3 Available on HTC Corp.’s website at
`http://dl4.htc.com/web_materials/Manual/HTC_One_max/HTC_One_max_Sprint_User_Guide.pdf.
`4 See http://www.htc.com/us/support/.
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`PAGE 10
`
`
`
`Petitioner - Exhibit 1002
`Page 10 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 11 of 84 PageID 11
`
`
`271(c) in this District and elsewhere in the United States. Direct infringement is the result of
`
`activities performed by the customers, resellers, and/or end-use customers of the accused upload
`
`services and/or devices. HTC Corp. received notice of the ’482 Patent at least as of the date this
`
`lawsuit was filed.
`
`29.
`
`HTC Corp.’s upload services and/or devices allow for the obtaining of digital
`
`content, pre-processing it, and transmitting it to another device, server, or location. When the
`
`accused upload services and/or devices are used to send digital content of a certain size and/or
`
`dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
`
`devices must necessarily pre-process and transmit digital media in an infringing manner. Upon
`
`information and belief, the accused upload services and/or devices cannot operate in an
`
`acceptable manner absent the ability to obtain digital content, pre-process it, and transmit it to
`
`another device, server, or location.
`
`30.
`
`A reasonable inference to be drawn from the facts set forth is that the ability to
`
`obtain digital content, pre-process it, and transmit it to another device, server, or location is
`
`especially made or especially adapted to operate on HTC Corp.’s upload services and/or devices.
`
`31.
`
`A reasonable inference to be drawn from the facts set forth is that the ability to
`
`obtain digital content, pre-process it, and transmit it to another device, server, or location is not a
`
`staple article or commodity of commerce and that its use is required for operation of the accused
`
`upload services and/or devices. Any other use would be unusual, far-fetched, illusory,
`
`impractical, occasional, aberrant, or experimental.
`
`32.
`
`HTC Corp.’s accused upload services and/or devices, with the ability to obtain
`
`digital content, pre-process it, and transmit it to another device, server, or location, are each a
`
`material part of the invention of the ’482 Patent and are especially made for the infringing
`
`manufacturing, offering for sale, sales, and use of the accused upload services and/or devices.
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 11
`
`Petitioner - Exhibit 1002
`Page 11 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 12 of 84 PageID 12
`
`
`The accused upload services and/or devices are especially made or adapted to infringe the ’482
`
`Patent. Because the manufacturing, offering for sale, sales, and use of the accused upload
`
`services and/or devices infringe the ’482 Patent, HTC Corp.’s sales of its infringing products
`
`have no substantial non-infringing uses.
`
`33.
`
`Accordingly, a reasonable inference is that HTC Corp. 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 the ’482 Patent, 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.
`
`34.
`
`HTC Corp.’s acts have caused, and unless restrained and enjoined, will continue
`
`to cause irreparable injury and damage to Summit 6 and its affiliates for which there is no
`
`adequate remedy at law. Unless enjoined by this Court, HTC Corp. will continue to infringe the
`
`’482 Patent.
`
`HTC America Infringes the ’482 Patent
`
`35.
`
`HTC America has and continues to directly infringe the ’482 Patent by making,
`
`using, selling, offering for sale, or importing into the United States products and/or methods
`
`covered by the ’482 HTC Asserted Claims, including, but not limited to HTC America’s upload
`
`services and/or devices. The accused upload services and/or devices that infringe one or more of
`
`the above-listed claims include, but are not limited to, at least the following: Desire, One, One
`
`max, One mini, Droid DNA, Evo 4G LTE, Droid Incredible 4G LTE, One SV, One X+, Desire
`
`C, One X, One VX, One S, One V, EVO Design 4G, Vivid, Rezound, Rhyme, Sensation, Hero
`
`S, and any other HTC America mobile device capable of obtaining digital content, pre-
`
`processing it, and transmitting it to another device, server, or location; the HTC Messaging
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 12
`
`Petitioner - Exhibit 1002
`Page 12 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 13 of 84 PageID 13
`
`
`Application, including its MMS functionality; HTC America’s Messaging-related APIs; the
`
`integrated Twitter content upload functionality; and the MMS-to-Twitter functionality. Further
`
`discovery may reveal additional infringing products, models, and/or functionality.
`
`36.
`
`HTC America makes, uses, sells, offers for sale, or imports into the United States
`
`these upload services and/or devices and thus directly infringes at least the ’482 HTC Asserted
`
`Claims. Upon information and belief, HTC America also uses these upload services and/or
`
`devices via its internal use and testing in the United States, directly infringing each of the ’482
`
`HTC Asserted Claims. HTC America also directly infringes the ’482 HTC Asserted Claims
`
`when its mobile devices execute the code responsible for the operation of the accused upload
`
`services and/or devices.
`
`37.
`
`HTC America has and continues to induce and to contribute to infringement of
`
`the ’482 Patent by intending that others make, use, import into, offer for sale, or sell in the
`
`United States, products and/or methods covered by the ’482 HTC Asserted Claims, including,
`
`but not limited to HTC America’s upload services and/or devices listed above. HTC America
`
`provides these upload services and/or devices to others, such as manufacturers, customers,
`
`resellers, and end-use consumers who in turn use, offer for sale, or sell in the United States these
`
`upload services and/or devices that infringe the ’482 HTC Asserted Claims.
`
`38.
`
`HTC America indirectly infringes the ’482 Patent by inducing infringement by
`
`others, such as manufacturers, customers, resellers, and end-use customers, in accordance with
`
`35 U.S.C. § 271(b) in this District and elsewhere in the United States. Direct infringement is the
`
`result of activities performed by the manufacturers, customers, resellers, and/or end-use
`
`customers of the accused upload services and/or devices. HTC America received notice of the
`
`’482 Patent at least as of the date this lawsuit was filed. HTC America provides at least the
`
`accused upload services and/or devices to others, such as manufacturers, customers, resellers,
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`
`
`PAGE 13
`
`Petitioner - Exhibit 1002
`Page 13 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 14 of 84 PageID 14
`
`
`and/or end-use customers, in the United States, who, in turn, offer for sale, sell, or use these
`
`upload services and/or devices to infringe the ’482 Patent. Through its manufacture and sale of
`
`the accused upload services and/or devices, HTC America specifically
`
`intended
`
`its
`
`manufacturers, customers, resellers, and/or end-use customers to infringe the ’482 Patent.
`
`39.
`
`HTC America specifically intends for others, such as manufacturers, customers,
`
`resellers, and end-use customers, to directly infringe the ’482 HTC Asserted Claims in the
`
`United States. For example, HTC America provides instructions to manufacturers, customers,
`
`resellers and end-use customers regarding the use and operation of HTC America’s products in
`
`an infringing way. Such instructions include at least “HTC Desire 601 User Guide,”5 “Your
`
`HTC One User Guide,”6 “HTC One Max User Guide,”7 and other similar user guides and
`
`support documentation available on HTC America’s support website.8 When manufacturers,
`
`customers, resellers, and end-use customers follow such instructions, they directly infringe the
`
`’482 HTC Asserted Claims. HTC America knows that by providing such instructions,
`
`manufacturers, customers, resellers, and end-use customers follow those instructions, and
`
`directly infringe the ’482 HTC Asserted Claims. HTC America thus knows that its actions
`
`actively induce infringement. HTC America performed the acts that constitute induced
`
`infringement, and would induce actual infringement, with the knowledge of the ’482 Patent, and
`
`with knowledge or willful blindness that the induced acts would constitute infringement.
`
`40.
`
`HTC America indirectly infringes the ’482 Patent, by contributing to infringement
`
`by others, such as customers, resellers, and end-use customers, in accordance with 35 U.S.C. §
`
`271(c) in this District and elsewhere in the United States. Direct infringement is the result of
`
`5 Available on HTC America’s website at
`http://dl4.htc.com/web_materials/Manual/HTC_Desire_601/HTC_Desire_601_Virgin_Mobile_User_Guide.pdf.
`6 Available on HTC America’s website at
`http://dl4.htc.com/web_materials/Manual/HTC_One/HTC_One_ATT_User_Guide.pdf.
`7 Available on HTC America’s website at
`http://dl4.htc.com/web_materials/Manual/HTC_One_max/HTC_One_max_Sprint_User_Guide.pdf.
`8 See http://www.htc.com/us/support/.
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`McKool 950190v2
`
`PAGE 14
`
`
`
`Petitioner - Exhibit 1002
`Page 14 of 84
`
`

`
`Case 7:14-cv-00014-O Document 1 Filed 02/18/14 Page 15 of 84 PageID 15
`
`
`activities performed by the customers, resellers, and/or end-use customers of the accused upload
`
`services and/or devices. HTC America received notice of the ’482 Patent at least as of the date
`
`this lawsuit was filed.
`
`41.
`
`HTC America’s upload services and/or devices allow for the obtaining of digital
`
`content, pre-processing it, and transmitting it to another device, server, or location. When the
`
`accused upload services and/or devices are used to send digital content of a certain size and/or
`
`dimension over carrier networks and/or wi-fi networks, the accused upload services and/or
`
`devices must necessarily pre-process and send digital media in an infringing manner. Upon
`
`information and belief, the accused upload services and/or devices cannot operate in an
`
`acceptable manner absent the ability to obtain digital content,