`
`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 1 of 22 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`
`
`
`
`C.A. No. ____
`
`JURY TRIAL DEMANDED
`
`
`v.
`
`AT&T INC.,
`AT&T MOBILITY LLC,
`ALCATEL-LUCENT S.A.,
`ALCATEL-LUCENT USA, INC.,
`ERICSSON INC.,
`TELEFONAKTIEBOLAGET LM
`ERICSSON,
`APPLE INC.,
`HTC CORPORATION,
`HTC AMERICA, INC.,
`LG ELECTRONICS, INC.,
`LG ELECTRONICS USA, INC.,
`SAMSUNG ELECTRONICS CO. LTD.,
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`SAMSUNG TELECOMMUNICATIONS
`AMERICA LLC,
`ZTE CORPORATION,
`ZTE USA INC., and
`ZTE SOLUTIONS, INC.,
`
`
`Defendants.
`
`§
`§
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`§
`§
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`
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`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Cellular Communications Equipment LLC (“CCE”) files this Original Complaint
`
`against AT&T, Inc., AT&T Mobility LLC, Alcatel-Lucent S.A., Alcatel-Lucent USA, Inc.,
`
`Ericsson Inc., Telefonaktiebolaget LM Ericsson, Apple Inc., HTC Corporation, HTC America,
`
`Inc., LG Electronics, Inc., LG Electronics USA, Inc., Samsung Electronics Co. Ltd., Samsung
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`1
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`Page 1
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`CCE_EXHIBIT 2001
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`

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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 2 of 22 PageID #: 2
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`Electronics America, Inc., Samsung Telecommunications America LLC, ZTE Corporation, ZTE
`
`USA Inc., and ZTE Solutions, Inc. (collectively, the “Defendants”) for infringement of U.S. Patent
`
`No. 8,457,022 (“the ’022 patent”), U.S. Patent No. 8,570,957 (“the ’957 patent”), and U.S. Patent
`
`No. 8,867,472 (“the ’472 patent”).
`
`
`AT&T proclaims that its 4G LTE cellular network covers over 300 million people. AT&T
`
`INTRODUCTION
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`competes intensely with other national carriers to win subscribers and requires advanced LTE
`
`capabilities and features to do so. AT&T boasts that its network has the strongest LTE signal, is
`
`the most
`
`reliable LTE network,
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`and has
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`the
`
`fewest
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`dropped
`
`calls.
`
`(See
`
`www.att.com/network/en/index.html, as of April 30, 2015.) The technology of the CCE patents
`
`asserted in this Complaint underlies critical features of AT&T’s LTE network and allows AT&T
`
`to make most efficient use of its extremely valuable wireless spectrum. This is necessary to
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`compete for customers in a highly competitive market and support as many users as possible while
`
`offering them the best possible LTE cellular experience. AT&T’s ability to do so is a direct result
`
`of AT&T’s infringement of the CCE patents.
`
`AT&T relies upon its suppliers of mobile devices and network equipment, such as those
`
`named as defendants in this Complaint, to provide the LTE user equipment and base stations that
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`are specifically designed by AT&T and its suppliers to operate as efficiently as possible using
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`various features of the LTE wireless standards. In providing, testing, and/or operating the
`
`hardware that AT&T utilizes or sells to customers to offer 4G LTE cellular communications, each
`
`of its suppliers, including Alcatel-Lucent, Ericsson, Apple, HTC, LG, Samsung, and ZTE, also
`
`infringe the CCE patents that are the subject of this Complaint.
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`2
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`Page 2
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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 3 of 22 PageID #: 3
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`THE PARTIES
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`Cellular Communications Equipment LLC is a Texas limited liability company
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`
`1.
`
`with its principal place of business in Plano, Texas.
`
`2.
`
` AT&T Inc. is a Delaware corporation with its principal place of business in
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`Dallas, Texas. This Defendant may be served with process through its agent, The Corporation
`
`Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
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`This Defendant does business in the State of Texas and in the Eastern District of Texas.
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`3.
`
`AT&T Mobility LLC (with AT&T Inc., collectively “AT&T”) is a Delaware
`
`limited liability company with its principal place of business in Atlanta, Georgia. This Defendant
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`may be served with process through its agent, The Corporation Trust Company, Corporation
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`Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. This Defendant does business
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`in the State of Texas and in the Eastern District of Texas.
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`4.
`
`Alcatel-Lucent S.A. is a corporation organized under the laws of France with its
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`principal place of business in Boulogne-Billancourt, France. On information and belief, this
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`Defendant may be served with process at its principal place of business at 148/152 route de la
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`Reine 92100 Boulogne-Billancourt, France. This Defendant does business in the State of Texas
`
`and in the Eastern District of Texas.
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`5.
`
`Alcatel-Lucent USA, Inc. (with Alcatel-Lucent S.A., collectively “Alcatel”) is a
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`Delaware corporation with its principal place of business in Murray Hill, New Jersey. This
`
`Defendant may be served with process through its agent, The Corporation Service Company,
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`2711 Centerville Rd. Suite 400, Wilmington, Delaware 19808. This Defendant does business in
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`the State of Texas and in the Eastern District of Texas.
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`3
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`Page 3
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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 4 of 22 PageID #: 4
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`6.
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`Ericsson Inc. is a Delaware corporation with its headquarters and principal place
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`of business in Plano, Texas. This Defendant may be served with process through its agent,
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`Capitol Corporate Services, Inc., 800 Brazos, Suite 400, Austin, Texas 78701. This Defendant
`
`does business in the State of Texas and in the Eastern District of Texas.
`
`7.
`
`Telefonaktiebolaget LM Ericsson (with Ericsson Inc., collectively “Ericsson”) is a
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`company organized under the laws of Sweden with its principal place of business in Stockholm,
`
`Sweden. On information and belief, this Defendant may be served with process at its principal
`
`place of business at Torshamnsgatan 21, Kista, 164 83 Stockholm, Sweden. This Defendant does
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`business in the State of Texas and in the Eastern District of Texas.
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`8.
`
`Apple Inc. (“Apple”) is a California corporation with its principal place of
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`business in Cupertino, California. This Defendant may be served with process through its agent
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`in Texas, CT Corporation System, 1999 Bryan Street, Ste. 900; Dallas, TX 75201-3136. This
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`Defendant does business in the State of Texas and in the Eastern District of Texas.
`
`9.
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`HTC Corporation is incorporated under the laws of Taiwan with its principal place
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`of business at 23 Xinghau Road, Taoyuan City, Taoyuan 330, Taiwan, R.O.C. On information and
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`belief, this Defendant may be served with process at its principal place of business at 23 Xinghau
`
`Road, Taoyuan City, Taoyuan 330, Taiwan, R.O.C. This Defendant does business in the State of
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`Texas and in the Eastern District of Texas.
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`10.
`
`HTC America, Inc. is a Washington corporation with its principal place of business
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`at 13920 SE Eastgate Way, Suite 400, Bellevue, Washington 98005. This Defendant may be served
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`with process through its agent in Texas, National Registered Agents, Inc., 1021 Main Street, Suite
`
`1150, Houston, TX 77002. This Defendant does business in the State of Texas and in the Eastern
`
`District of Texas.
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`4
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`Page 4
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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 5 of 22 PageID #: 5
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`11.
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`LG Electronics, Inc. is incorporated under the laws of South Korea with its principal
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`place of business at LG Twin Towers 20, Yeouido-dong, Yeongdeunspo-gu, Seoul 150-721, South
`
`Korea. On information and belief, this Defendant may be served with process at its principal place
`
`of business at LG Twin Towers 20, Yeouido-dong, Yeongdeunspo-gu, Seoul 150-721, South
`
`Korea. This Defendant does business in the State of Texas and in the Eastern District of Texas.
`
`12.
`
`LG Electronics USA, Inc. (with LG Electronics, Inc., collectively “LG”) is a
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`Delaware corporation with its principal place of business in Englewood Cliffs, New Jersey. This
`
`Defendant may be served with process through its agent, United States Corporation Company,
`
`2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. This Defendant does business in
`
`the State of Texas and in the Eastern District of Texas.
`
`13.
`
`Samsung Electronics Co., Ltd. is a corporation organized under the laws of South
`
`Korea with its principal place of business located at Samsung Main Building, 250, Taepyeongno
`
`2-ga, Jung-gu, Seoul 100-742, Republic of Korea. On information and belief, this Defendant may
`
`be served with process at its principal place of business at Samsung Main Building, 250,
`
`Taepyeongno 2-ga, Jung-gu, Seoul 100-742, Republic of Korea. This Defendant does business in
`
`the State of Texas and in the Eastern District of Texas.
`
`14.
`
`Samsung Electronics America, Inc. is a New York corporation with its principal
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`place of business in Ridgefield Park, New Jersey. This Defendant may be served with process
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`through its agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
`
`This Defendant does business in the State of Texas and in the Eastern District of Texas.
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`15.
`
`Samsung Telecommunications America, LLC (with Samsung Electronics Co., Ltd.
`
`and Samsung Electronics America, Inc., collectively “Samsung”) is a Delaware limited liability
`
`corporation with its principal place of business in Richardson, Texas. This Defendant may be
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`5
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`Page 5
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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 6 of 22 PageID #: 6
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`served with process through its agent, Corporation Service Company, 211 E. 7th Street, Suite 620,
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`Austin, Texas 78701. This Defendant does business in the State of Texas and in the Eastern District
`
`of Texas.
`
`16.
`
`ZTE Corporation is a corporation organized and existing under the laws of the
`
`People’s Republic of China with its principal place of business in ZTE Plaza, Keji Road South,
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`Hi-Tech Industrial Park, Nanshan District, Shenzhen, Guangdong Province, P.R. China 518057.
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`On information and belief, this Defendant may be served with process at its principal place of
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`business at ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, Nanshan District, Shenzhen,
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`Guangdong Province, P.R. China 518057. This Defendant does business in the State of Texas and
`
`in the Eastern District of Texas.
`
`17.
`
`ZTE USA Inc. is a New Jersey corporation with its principal place of business in
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`Richardson, Texas. This Defendant may be served with process through its agent, Li Mo, 4585
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`Spencer Drive, Plano, Texas 75024. This Defendant does business in the State of Texas and in the
`
`Eastern District of Texas.
`
`18.
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`ZTE Solutions Inc. (with ZTE Corp. and ZTE USA Inc., collectively “ZTE”) is a
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`Delaware corporation with its principal place of business in Richardson, Texas. This Defendant
`
`may be served with process through its agent, Corporation Service Company, 2711 Centerville
`
`Road, Suite 400, Wilmington, Delaware 19808. This Defendant does business in the State of Texas
`
`and in the Eastern District of Texas.
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`JURISDICTION AND VENUE
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`This action arises under the patent laws of the United States, namely 35 U.S.C. §§
`
`
`19.
`
`271, 281, and 284-285, among others.
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Page 6
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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 7 of 22 PageID #: 7
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`20.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a), and 1367.
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`21.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c),
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`and 1400(b). On information and belief, each Defendant is deemed to reside in this judicial
`
`district, has committed acts of infringement in this judicial district, has purposely transacted
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`business in this judicial district, and/or has regular and established places of business in this
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`judicial district.
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`22.
`
`On information and belief, each Defendant is subject to this Court’s specific and
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`general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at
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`least to their substantial business in this State and judicial district, including: (A) at least part of
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`their infringing activities alleged herein; and (B) regularly doing or soliciting business, engaging
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`in other persistent conduct, and/or deriving substantial revenue from goods sold and services
`
`provided to Texas residents.
`
`
`
`
`
`23.
`
`24.
`
`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 8,457,022)
`
`CCE incorporates paragraphs 1 through 22 herein by reference.
`
`CCE is the assignee of the ’022 patent, entitled “Method and Apparatus for
`
`Providing Signaling of Redundancy Versions,” with ownership of all substantial rights in the
`
`’022 patent, including the right to exclude others and to enforce, sue, and recover damages
`
`for past and future infringements. A true and correct copy of the ’022 patent is attached as Exhibit
`
`A.
`
`25.
`
`The ’022 patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the United States Code.
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Page 7
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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 8 of 22 PageID #: 8
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`26.
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`Defendants AT&T, Alcatel, Ericsson, Apple, HTC, LG, Samsung, and ZTE have
`
`and continue to directly and/or indirectly infringe (by inducing infringement and/or contributing
`
`to infringement) one or more claims of the ’022 patent in this judicial district and elsewhere in
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`Texas and the United States without the consent or authorization of CCE, by or through their
`
`making, having made, offering for sale, selling, importing, and/or using user equipment for
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`AT&T’s LTE network—supplied by Apple, HTC, LG, Samsung, and ZTE—and AT&T’s base
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`station equipment—supplied by Alcatel and Ericsson—including, for example: the Apple iPhone
`
`5, Apple iPhone 5c, Apple iPhone 5s, Apple iPhone 6, Apple iPhone 6 Plus, Apple iPad Air, Apple
`
`iPad Air 2, Apple iPad Mini, Apple iPad Mini 3, Apple iPad Mini with Retina Display, Apple iPad
`
`with Retina Display (iPad 4), HTC Desire 610, HTC Desire EYE, HTC First, HTC One (M7),
`
`HTC One (M8), HTC One (M8) Windows, HTC One M9, HTC One mini, HTC One VX, HTC
`
`One X, HTC One X+ (HTC Era 42), HTC Titan II, HTC Windows Phone 8X, HTC Jetstream
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`(Puccini), LG Escape P870, LG G Flex, LG G Flex 2, LG G Vista, LG G2, LG G3, LG G3 Vigor,
`
`LG Optimus G, LG G Pad 7.0 LTE, Samsung ATIV S Neo, Samsung Focus 2, Samsung Galaxy
`
`Alpha, Samsung Galaxy Exhilarate, Samsung Galaxy Express, Samsung Galaxy Mega, Samsung
`
`Galaxy Mega 2, Samsung Galaxy Note 3, Samsung Galaxy Note 4, Samsung Galaxy Note Edge,
`
`Samsung Galaxy Note II, Samsung Galaxy Rugby Pro, Samsung Galaxy S3, Samsung Galaxy S3
`
`mini, Samsung Galaxy S4, Samsung Galaxy S4 Active, Samsung Galaxy S4 mini, Samsung
`
`Galaxy S4 Zoom, Samsung Galaxy S5, Samsung Galaxy S5 mini, Samsung Galaxy S6, Samsung
`
`Galaxy S6 Edge, Samsung Rugby Smart, Samsung ATIV smart PC 4G LTE 700TC (XE700T1C-
`
`HA1US), Samsung GALAXY Note 8.0, Samsung Galaxy Note PRO 12.2, Samsung Galaxy Tab
`
`2 10.1, Samsung Galaxy Tab 3 7.0, Samsung Galaxy Tab 4 (8.0), Samsung Galaxy Tab 4 10.1,
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`Samsung Galaxy Tab 8.9, Samsung Galaxy Tab S 10.5, Samsung Galaxy Tab S 8.4, ZTE Compel,
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 9 of 22 PageID #: 9
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`ZTE Overture (Z995), and ZTE Z998 GoPhone (ZTE Unico LTE), compatible with the AT&T
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`LTE cellular network and made, used, sold, offered for sale, imported or otherwise distributed by
`
`or through AT&T and/or its suppliers for use on AT&T’s LTE network (the “AT&T User
`
`Equipment”); and the Alcatel-Lucent 9768, Alcatel-Lucent 9100 Multi-Standard Base Station,
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`Alcatel-Lucent 9412 eNodeB Compact, Alcatel-Lucent lightRadio 9711, Alcatel-Lucent
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`lightRadio 9712, Alcatel-Lucent 9768, Alcatel-Lucent Evercore LTE 400 PMR, Alcatel-Lucent
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`Multi-Carrier Remote Radio Head, and Ericsson RBS 6000 series, compatible with the AT&T
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`LTE cellular network and made, used, sold, offered for sale, imported, and/or operated by or
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`through AT&T and/or its suppliers for use in AT&T’s LTE network (the “AT&T Base Stations”).
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`These devices are collectively referred to as the “AT&T LTE User Equipment and Network
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`Equipment.”
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`27.
`
`Defendants directly infringe the apparatus claims of the ’022 patent by making,
`
`using, offering to sell, selling, and/or importing the AT&T LTE User Equipment and Network
`
`Equipment. Defendants also directly infringe the ’022 patent by making, using, selling, offering
`
`for sale, and/or importing the AT&T LTE User Equipment and Network Equipment to practice
`
`the claimed methods. Defendants are thereby liable for direct infringement.
`
`28.
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`Additionally, Defendants are liable for indirect infringement of the ’022 patent
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`because they induce and/or contribute to the direct infringement of the patent by their customers
`
`(including AT&T by its suppliers) and other end users who use the AT&T LTE User Equipment
`
`and Network Equipment to practice the claimed methods. On information and belief, Defendants
`
`had knowledge of the ’022 patent at least as early as December 2012. And since that time,
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`Defendants have specifically intended and continue to specifically intend for persons who
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`acquire and use the AT&T LTE User Equipment and Network Equipment, including Defendants’
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 10 of 22 PageID #: 10
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`customers (e.g., mobile device users, AT&T, etc.), to use such devices in a manner that infringes
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`the ’022 patent.
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`29.
`
`On information and belief, each Defendant, or an affiliated entity, is a 3rd
`
`Generation Partnership Project (or “3GPP”) member organization, or is affiliated with a 3GPP
`
`member organization. 3GPP solicits identification of standard essential patents, and, through
`
`3GPP, Defendants received actual notice of the standard essential patents at issue here. The ’022
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`patent is one such patent, and Defendants have known of the ’022 patent at least as early as
`
`December 2012, when it was disclosed to 3GPP via the European Telecommunications Standards
`
`Institute (“ETSI,” an organizational member of 3GPP).
`
`30.
`
`Despite having knowledge of the ’022 patent, Defendants named in this Count
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`have specifically intended and continue to specifically intend for persons who acquire and use
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`the AT&T LTE User Equipment and Network Equipment, including Defendants’ customers (e.g.,
`
`mobile device users, AT&T, etc.), to use such devices in a manner that infringes one or more
`
`claims of the ’022 patent. This is evident when Defendants encourage and instruct customers
`
`and other end users in the use and operation of the AT&T LTE User Equipment and Network
`
`Equipment via advertisement and instructional materials.
`
`31.
`
`In particular, despite having knowledge of the ’022 patent, Defendants have
`
`provided, and continue to provide, instructional materials, such as user guides, owner manuals,
`
`and similar online resources (available for example, via http://www.att.com/esupport,
`
`http://support.apple.com/manuals/,
`
`http://www.htc.com/us/support/,
`
`http://www.lg.com/us/support/mobile-support, http://www.samsung.com/us/support/downloads,
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`http://www.zteusa.com/support_page, and other instructional materials and documentation
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`provided or made available by Defendants to customers after purchase) that specifically teach the
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 11 of 22 PageID #: 11
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`customers and other end users to use the AT&T LTE User Equipment and Network Equipment in
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`an infringing manner. By providing such instructions, Defendants know (and have known), or
`
`should know (and should have known), that their actions have, and continue to, actively induce
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`infringement.
`
`32.
`
`Additionally, Defendants named in this Count know, and have known, that the
`
`AT&T LTE User Equipment and Network Equipment include proprietary hardware components
`
`and software instructions that work in concert to perform specific, intended functions. Such
`
`specific, intended functions, carried out by these hardware and software combinations, are a
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`material part of the inventions of the ’022 patent and are not staple articles of commerce suitable
`
`for substantial non-infringing use.
`
`33.
`
`On information and belief, AT&T along with its suppliers, Alcatel, Ericsson, Apple,
`
`HTC, LG, Samsung, and ZTE, test, make, use, offer for sale, sell, and/or import the AT&T LTE
`
`User Equipment and Network Equipment described in this Count, pursuant to one or more
`
`contractual agreements between them relating to, at least, the distribution, sale, and operation of
`
`such devices. Accordingly, AT&T, Alcatel, Ericsson, Apple, HTC, LG, Samsung, and ZTE are
`
`jointly, severally, or alternatively liable for infringements described in this Count.
`
`34.
`
`CCE has been damaged as a result of Defendants’ infringing conduct described
`
`in this Count. Defendants are, thus, liable to CCE in an amount that adequately compensates CCE
`
`for Defendants’ infringements, 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 II
`
`(INFRINGEMENT OF U.S. PATENT NO. 8,570,957)
`
`35.
`
`CCE incorporates paragraphs 1 through 22 herein by reference.
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:15-cv-00576 Document 1 Filed 04/30/15 Page 12 of 22 PageID #: 12
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`36.
`
`CCE is the assignee of the ’957 patent, entitled “Extension of Power Headroom
`
`Reporting and Trigger Conditions,” with ownership of all substantial rights in the ’957 patent,
`
`including the right to exclude others and to enforce, sue, and recover damages for past and
`
`future infringements. A true and correct copy of the ’957 patent is attached as Exhibit B.
`
`37.
`
`The ’957 patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`38.
`
`Defendants AT&T, Alcatel, Ericsson, Apple, HTC, LG, Samsung, and ZTE have
`
`and continue to directly and/or indirectly infringe (by inducing infringement and/or contributing
`
`to infringement) one or more claims of the ’957 patent in this judicial district and elsewhere in
`
`Texas and the United States without the consent or authorization of CCE, by or through their
`
`making, having made, offering for sale, selling, importing, and/or using user equipment for
`
`AT&T’s LTE network—supplied by Apple, HTC, LG, Samsung, and ZTE—and AT&T’s base
`
`station equipment—supplied by Alcatel and Ericsson—including, for example: the Apple iPhone
`
`5, Apple iPhone 5c, Apple iPhone 5s, Apple iPhone 6, Apple iPhone 6 Plus, Apple iPad Air, Apple
`
`iPad Air 2, Apple iPad Mini, Apple iPad Mini 3, Apple iPad Mini with Retina Display, Apple iPad
`
`with Retina Display (iPad 4), HTC Desire 610, HTC Desire EYE, HTC First, HTC One (M7),
`
`HTC One (M8), HTC One (M8) Windows, HTC One M9, HTC One mini, HTC One VX, HTC
`
`One X, HTC One X+ (HTC Era 42), HTC Titan II, HTC Windows Phone 8X, HTC Jetstream
`
`(Puccini), LG Escape P870, LG G Flex, LG G Flex 2, LG G Vista, LG G2, LG G3, LG G3 Vigor,
`
`LG Optimus G, LG G Pad 7.0 LTE, Samsung ATIV S Neo, Samsung Focus 2, Samsung Galaxy
`
`Alpha, Samsung Galaxy Exhilarate, Samsung Galaxy Express, Samsung Galaxy Mega, Samsung
`
`Galaxy Mega 2, Samsung Galaxy Note 3, Samsung Galaxy Note 4, Samsung Galaxy Note Edge,
`
`Samsung Galaxy Note II, Samsung Galaxy Rugby Pro, Samsung Galaxy S3, Samsung Galaxy S3
`
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`mini, Samsung Galaxy S4, Samsung Galaxy S4 Active, Samsung Galaxy S4 mini, Samsung
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`Galaxy S4 Zoom, Samsung Galaxy S5, Samsung Galaxy S5 mini, Samsung Galaxy S6, Samsung
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`Galaxy S6 Edge, Samsung Rugby Smart, Samsung ATIV smart PC 4G LTE 700TC (XE700T1C-
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`HA1US), Samsung GALAXY Note 8.0, Samsung Galaxy Note PRO 12.2, Samsung Galaxy Tab
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`2 10.1, Samsung Galaxy Tab 3 7.0, Samsung Galaxy Tab 4 (8.0), Samsung Galaxy Tab 4 10.1,
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`Samsung Galaxy Tab 8.9, Samsung Galaxy Tab S 10.5, Samsung Galaxy Tab S 8.4, ZTE Compel,
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`ZTE Overture (Z995), and ZTE Z998 GoPhone (ZTE Unico LTE), compatible with the AT&T
`
`LTE cellular network and made, used, sold, offered for sale, imported or otherwise distributed by
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`or through AT&T and/or its suppliers for use on AT&T’s LTE network (the “AT&T User
`
`Equipment”); and the Alcatel-Lucent 9768, Alcatel-Lucent 9100 Multi-Standard Base Station,
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`Alcatel-Lucent 9412 eNodeB Compact, Alcatel-Lucent lightRadio 9711, Alcatel-Lucent
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`lightRadio 9712, Alcatel-Lucent 9768, Alcatel-Lucent Evercore LTE 400 PMR, Alcatel-Lucent
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`Multi-Carrier Remote Radio Head, and Ericsson RBS 6000 series, compatible with the AT&T
`
`LTE cellular network and made, used, sold, offered for sale, imported, and/or operated by or
`
`through AT&T and/or its suppliers for use in AT&T’s LTE network (the “AT&T Base Stations”).
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`These devices are collectively referred to as the “AT&T LTE User Equipment and Network
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`Equipment.”
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`39.
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`Defendants directly infringe the apparatus claims of the ’957 patent by making,
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`using, offering to sell, selling, and/or importing the AT&T LTE User Equipment and Network
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`Equipment. Defendants also directly infringe the ’957 patent by making, using, selling, offering
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`for sale, and/or importing the AT&T LTE User Equipment and Network Equipment to practice
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`the claimed methods. Defendants are thereby liable for direct infringement.
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`40.
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`Additionally, Defendants are liable for indirect infringement of the ’957 patent
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`because they induce and/or contribute to the direct infringement of the patent by their customers
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`(including AT&T by its suppliers) and other end users who use the AT&T LTE User Equipment
`
`and Network Equipment to practice the claimed methods. Defendants have specifically intended
`
`and continue to specifically intend for persons who acquire and use the AT&T LTE User
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`Equipment and Network Equipment, including Defendants’ customers (e.g., mobile device users,
`
`AT&T, etc.), to use such devices in a manner that infringes the ’957 patent.
`
`41.
`
`Each Defendant has had knowledge of the ’957 patent, at least as early as service
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`of this Complaint. See, e.g., Patent Harbor, LLC v. Dreamworks Animation SKG, Inc., No. 6:11-
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`cv-229, 2012 U.S. Dist. LEXIS 114199, at *17 (E.D. Tex. Jul. 27, 2012).
`
`42.
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`Despite having knowledge of the ’957 patent, Defendants named in this Count
`
`have specifically intended and continue to specifically intend for persons who acquire and use
`
`the AT&T LTE User Equipment and Network Equipment, including Defendants’ customers (e.g.,
`
`mobile device users, AT&T, etc.), to use such devices in a manner that infringes one or more
`
`claims of the ’957 patent. This is evident when Defendants encourage and instruct customers
`
`and other end users in the use and operation of the AT&T LTE User Equipment and Network
`
`Equipment via advertisement and instructional materials.
`
`43.
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`In particular, despite having knowledge of the ’957 patent, Defendants have
`
`provided, and continue to provide, instructional materials, such as user guides, owner manuals,
`
`and similar online resources (available for example, via http://www.att.com/esupport,
`
`http://support.apple.com/manuals/,
`
`http://www.htc.com/us/support/,
`
`http://www.lg.com/us/support/mobile-support, http://www.samsung.com/us/support/downloads,
`
`http://www.zteusa.com/support_page, and other instructional materials and documentation
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`provided or made available by Defendants to customers after purchase) that specifically teach the
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`customers and other end users to use the AT&T LTE User Equipment and Network Equipment in
`
`an infringing manner. By providing such instructions, Defendants know (and have known), or
`
`should know (and should have known), that their actions have, and continue to, actively induce
`
`infringement.
`
`44.
`
`Additionally, Defendants named in this Count know, and have known, that the
`
`AT&T LTE User Equipment and Network Equipment include proprietary hardware components
`
`and software instructions that work in concert to perform specific, intended functions. Such
`
`specific, intended functions, carried out by these hardware and software combinations, are a
`
`material part of the inventions of the ’957 patent and are not staple articles of commerce suitable
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`for substantial non-infringing use.
`
`45.
`
`On information and belief, AT&T along with its suppliers, Alcatel, Ericsson, Apple,
`
`HTC, LG, Samsung, and ZTE, test, make, use, offer for sale, sell, and/or import the AT&T LTE
`
`User Equipment and Network Equipment described in this Count, pursuant to one or more
`
`contractual agreements between them relating to, at least, the distribution, sale, and operation of
`
`such devices. Accordingly, AT&T, Alcatel, Ericsson, Apple, HTC, LG, Samsung, and ZTE are
`
`jointly, severally, or alternatively liable for infringements described in this Count.
`
`46.
`
`CCE has been damaged as a result of Defendants’ infringing conduct described
`
`in this Count. Defendants are, thus, liable to CCE in an amount that adequately compensates CCE
`
`for Defendants’ infringements, which, by law, cannot be less than a reasonable royalty, together
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`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`
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`COUNT III
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`(INFRINGEMENT OF U.S. PATENT NO. 8,867,472)
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`47.
`
`CCE incorporates paragraphs 1 through 22 herein by reference.
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`48.
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`CCE is the assignee of the ’472 patent, entitled “Signalling of Channel
`
`Information,” with ownership of all substantial rights in the ’472 patent, including the right
`
`to exclude others and to enforce, sue, and recover damages for past and future infringements.
`
`A true and correct copy of the ’472 patent is attached as Exhibit C.
`
`49.
`
`The ’472 patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`50.
`
`Defendants AT&T, Alcatel, Ericsson, Apple, HTC, LG, Samsung, and ZTE have
`
`and continue to directly and/or indirectly infringe (by inducing infringement and/or contributing
`
`to infringement) one or more claims of the ’472 patent in this judicial district and elsewhere in
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`Texas and the United States without the consent or authorization of CCE, by or through their
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`making, having made, offering for sale, selling, importing, and/or using user equipment for
`
`AT&T’s LTE network—supplied by Apple, HTC, LG, Samsung, and ZTE—and AT&T’s base
`
`station equipment—supplied by Alcatel and Ericsson—including, for example: the Apple iPhone
`
`5, Apple iPhone 5c, Apple iPhone 5s, Apple iPhone 6, Apple iPhone 6 Plus, Apple iPad Air, Apple
`
`iPad Air 2, Apple iPad Mini, Apple iPad Mini 3, Apple iPad Mini with Retina Display, Apple iPad
`
`with Retina Display (iPad 4), HTC Desire 610, HTC Desire EYE, HTC First, HTC One (M7),
`
`HTC One (M8), HTC One (M8) Windows, HTC One M9, HTC One mini, HTC One VX, HTC
`
`One X, HTC One X+ (HTC Era 42), HTC Titan II, HTC Windows Phone 8X, HTC Jetstream
`
`(Puccini), LG Escape P870, LG G Flex, LG G Flex 2, LG G Vista, LG G2, LG G3, LG G3 Vigor,
`
`LG Optimus G, LG G Pad 7.0 LTE, Samsung ATIV S Neo, Samsung Focus 2, Samsung Galaxy
`
`Alpha, Samsung Galaxy Exhilarate, Samsung Galaxy Express, Samsung Galaxy Mega, Samsung
`
`Galaxy Mega 2, Samsung Galaxy Note 3, Samsung Galaxy Note 4, Samsung Galaxy Note Edge,
`
`Samsung Galaxy Note II, Samsung Galaxy Rugby Pro, Samsung Galaxy S3, Samsung Galaxy S3
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`mini, Samsung Galaxy S4, Samsung Galaxy S4 Active, Samsung Galaxy S4 mini, Samsung
`
`Galaxy S4 Zoom, Samsung Galaxy S5, Samsung Galaxy S5 mini, Samsung Galaxy S6, Samsung
`
`Galaxy S6 Edge, Samsung Rugby Smart, Samsung ATIV