UNITED STATES DISTRICT COURT FOR THE
`SOUTHERN DISTRICT OF FLORIDA
`Miami Division
`
`Case Number: 16-23535-CIV-MORENO
`
`
`
`
`
`BLACKBERRY LIMITED,
`
`
`Plaintiff,
`
`
`vs.
`
`BLU PRODUCTS, INC.,
`
`
`Defendant.
`
`
`
`
`BLACKBERRY’S
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff BlackBerry Limited (“BlackBerry”), for its First Amended Complaint against
`
`Defendant BLU Products, Inc. (“BLU”), alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff BlackBerry Limited is a Canadian company with its principal place of
`
`business at 2200 University Avenue East, Waterloo, Ontario, Canada N2K 0A7.
`
`2.
`
`BlackBerry revolutionized the mobile communications industry. Its innovative,
`
`cutting-edge products changed the way millions of people around the world connect, converse,
`
`and share digital information.
`
`3.
`
`BlackBerry was founded in 1984 in Waterloo, Ontario by two engineering
`
`students, Mike Lazaridis and Douglas Fregin. In its early years, the company—then named
`
`Research In Motion (“RIM”)—focused its inventive energies on wireless data transmission.
`
`4.
`
`From its modest beginnings more than 30 years ago, BlackBerry has gone on to
`
`offer a portfolio of award-winning products, services, and embedded technologies to tens of
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`millions of individual consumers and organizations around the world, including governments,
`
`educational institutions, and over 90% of Fortune 500 companies. By transforming the way
`
`people communicate, BlackBerry laid a foundation for today’s multibillion-dollar modern
`
`smartphone industry.
`
`5.
`
`In the course of developing its ground-breaking mobile communications devices,
`
`BlackBerry (and the BlackBerry family of companies) has invented a broad array of new
`
`technologies that cover everything from enhanced security protocols, to mobile device user
`
`interfaces, to communication advancements, to battery conservation, and many other areas. As
`
`just one example, security posed a critical challenge for BlackBerry to address when bringing its
`
`mobile devices to market. Commercial acceptance of such mobile devices required providing
`
`mechanisms to ensure safe and secure use of software applications that are downloaded from the
`
`Internet, so that users and businesses could be confident that their confidential and private
`
`information stayed that way in spite of ever increasing data breaches. Due to its innovative
`
`technologies, BlackBerry has been universally recognized as the gold standard when it comes to
`
`secure mobile devices.
`
`6.
`
`Throughout its history, BlackBerry has demonstrated a commitment to
`
`innovation, including through its investments in research and development, which have totaled
`
`more than $5.5 billion over the past five years. BlackBerry has protected the technical
`
`innovations resulting from these investments, including through seeking patent protection, and
`
`BlackBerry owns rights to a wide array of patented technologies in the United States and
`
`worldwide.
`
`7.
`
`As a result of its innovative efforts, among other patents, BlackBerry also built a
`
`substantial portfolio of patents declared essential to critical mobile telecommunications standards
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`that enable the widely used 2G, 3G, and LTE communications networks1 implemented in the
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`United States. BlackBerry developed these technologies and then helped develop these
`
`standards in conjunction with the Third Generation Partnership Project (“3GPP”).
`
`8.
`
`As part of the standard development process, BlackBerry committed to license its
`
`patents essential to these standards (standard essential patents or “SEPs”) on terms and
`
`conditions that are fair, reasonable, and non-discriminatory (“FRAND”). SEPs are particularly
`
`powerful patents because all implementers must practice them in order be able to make, use, or
`
`sell standard-compliant products. FRAND licenses are therefore used in connection with SEPs
`
`to strike a balance that ensures SEP owners receive appropriate compensation for their
`
`intellectual property rights but also allows for implementers to widely adopt the standard.
`
`9.
`
`Upon information and belief, Defendant BLU Products, Inc. is a Delaware
`
`corporation with its principal place of business at 10814 N.W. 33rd Street, Building 100, Doral,
`
`Florida 33172.
`
`10.
`
`On information and belief, BLU Products, Inc. may be served through its
`
`registered agent, Bernard L. Egozi of Egozi & Bennett, P.A. 2999 NE 191st, Suite 407, Aventura,
`
`FL 33180. BLU operates and/or owns the website located at http://bluproducts.com/.
`
`11.
`
`BLU infringes multiple BlackBerry standard essential and non-standard essential
`
`patents by using, without authorization, BlackBerry’s proprietary technology in a number of
`
`BLU’s commercial products including mobile phones, smartphones, tablets, and software for
`
`mobile communication devices.
`
`
`1
`This standard technology is set forth in at least the following specification numbers: 4G:
`3GPP TS 23.122, 23.401, 24.229, 24.301, 36.211, 36.212, 36.213, 36.300, 36.321, 36.322,
`36.331; 3G: 3GPP TS 23.002, 25.133, 25.201, 25.211, 25.212, 25.213, 25.214, 25.215, 25.301,
`25.309, 25.321, 25.331, 25.401, 25.433.
`
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`12.
`
`As a result of its infringement, BLU has earned substantial revenue selling
`
`devices, including 2G, 3G, and LTE-compliant products, that use BlackBerry’s technology.
`
`BLU makes, sells, uses, offers to sell, markets, and/or imports numerous smartphones, including
`
`those compatible with the 2G, 3G, and LTE standard, throughout the United States without a
`
`license from BlackBerry.
`
`13.
`
`BlackBerry offered BLU a license to certain of its SEPs on FRAND terms, but
`
`BLU never responded. Despite efforts by BlackBerry to negotiate, BLU has persisted in
`
`importing, selling, and offering for sale a substantial volume of standard-compliant products that
`
`use BlackBerry’s SEP technology without a license. Based on these actions, BlackBerry brings
`
`claims for patent infringement against BLU under 35 U.S.C. § 271, et seq.
`
`JURISDICTION AND VENUE
`
`14.
`
`This is a civil action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. § 101, et seq.
`
`15.
`
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331, 1332, 1338(a), and 1367.
`
`16.
`
`This Court has personal jurisdiction over BLU for at least the following reasons:
`
`(1) BLU’s principal place of business is located in this District; and (2) BLU regularly does
`
`business or solicits business, engages in other persistent courses of conduct, and/or derives
`
`substantial revenues from products and/or services provided to individuals in Florida.
`
`17.
`
`BLU committed and continues to commit acts of infringement in violation of 35
`
`U.S.C. § 271. BLU has made, used, offered for sale, sold, marketed, and/or imported infringing
`
`products in the State of Florida, including in this District. BLU’s acts cause injury to
`
`BlackBerry, including within this District.
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`18.
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`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and (c) and
`
`1400(b) for at least the following reasons: (1) BLU’s principal place of business is located in this
`
`District; and (2) BLU regularly does business or solicits business, engages in other persistent
`
`courses of conduct, and/or derives substantial revenues from products and/or services provided
`
`to individuals in Florida.
`
`FACTUAL BACKGROUND
`
`19.
`
`BlackBerry is a global leader in the mobile communications industry. Through its
`
`significant investment in research and development over the past 30 years, BlackBerry has
`
`developed innovative, cutting-edge technologies that have changed the face of
`
`telecommunications.
`
`20.
`
`In the late 1990s, BlackBerry began to release a series of game-changing
`
`handheld mobile devices that enabled users to send and receive email and messages on the go,
`
`without needing to be tethered to a modem or a desktop computer. The innovative nature of the
`
`1998 RIM 950 Wireless Handheld, for example, was instantly recognized, garnering both an
`
`Editor’s Choice Award from CNET and Andrew Seybold’s Outlook Award.
`
`21.
`
`In 2002, BlackBerry released the BlackBerry 6710 and 6720—the first
`
`BlackBerry devices capable of both sending emails and making phone calls, and some of the
`
`earliest smartphones released in the United States. The next year, BlackBerry introduced
`
`smartphone models that added built-in audio hardware and color screens. Since those first
`
`smartphones, BlackBerry has continued to offer handheld wireless products incorporating its
`
`proprietary technologies in security, communications, mobile device user interfaces, and other
`
`areas, including those fundamental and essential to wireless communication standards.
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`22.
`
`BlackBerry’s technological innovations continue to this day, as embodied in the
`
`latest iterations of BlackBerry’s mobile devices—including the BlackBerry Classic, Leap,
`
`Passport, PRIV, and DTEK50.
`
`23.
`
`Each successive iteration of BlackBerry’s wireless devices has received
`
`significant unsolicited coverage in the media. For example, GSMA—the largest and most well-
`
`known association of mobile operators—recognized BlackBerry’s devices as “chang[ing] the
`
`face of communications.” Thomson Reuters named BlackBerry one of the World’s Top 100
`
`Most Innovative Organizations, based largely on the number of “important patents” BlackBerry
`
`has. In 2015, Forrester Research crowned BlackBerry as a “leader in mobile management”
`
`based on BlackBerry’s focus in security software and mobile solutions.
`
`24.
`
`BlackBerry’s mobile devices have won widespread industry acclaim for both their
`
`unique design and their performance. They have garnered dozens of industry awards, including
`
`the GSMA Chairman’s Award, InfoWorld Magazine’s Product of the Year Award, PC World’s
`
`World Class Award, the Network Industry Award for Best New Mobile Communications
`
`Product, the BusinessWeek Best Product of the Year award, Digit Magazine’s “World’s Best
`
`Mobile OS” award, Security Products “Govies” Government Security Award, and PC
`
`Magazine’s Best Products of the Year Award.
`
`25.
`
`The industry acclaim for BlackBerry’s innovations continues to this day. For
`
`example, in 2015 BlackBerry’s Passport was awarded the prestigious Red Dot “Best of the Best”
`
`award for innovative product design (from thousands of total entries). Similarly, in 2016,
`
`BlackBerry’s PRIV was awarded the Red Dot “Design Award” for best product design.
`
`26.
`
`BlackBerry is informed and believes, and thereon alleges, that the BLU devices
`
`that have been provided with the Android operating system include: Advance 4.0, Advance 4.0
`
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`L, Advance 4.0 L2, Advance 4.5, Advance 5.0, Amour, Dash, Dash 3.2, Dash 3.5, Dash 3.5 II,
`
`Dash 4.0, Dash 4.5, Dash 5.0, Dash 5.0+, Dash 5.5, Dash C Music, Dash JR 3G, Dash L, Dash
`
`L2, Dash M, Dash M2, Dash Music 4.0, Dash X, Dash X Plus, Dash X Plus LTE, Dash X2,
`
`Energy X, Energy XL, Energy X LTE, Energy X Plus, Energy X2, Life 8, Life 8 XL, Life Mark,
`
`Life One M, Life One X, Life Play, Life Play 2, Life Play Mini, Life Play S, Life Play X, Life
`
`Pro, Life Pure, Life Pure Mini, Life View, Life View 8.0 (Tablet), Life View Tab (Tablet), Life
`
`X8, Neo 3.5, Neo 4.5, Neo 5.5, Neo Energy Mini, Neo X, Neo X Plus, Neo XL, Pure XL, R1
`
`HD, Selfie, Sport 4.5, Star 4.5, Studio 5.0 C, Studio 5.0 C HD, Studio 5.0 II, Studio 5.0 S II,
`
`Studio 5.5, Studio 5.5 C, Studio 5.5 HD, Studio 5.5 S, Studio 6.0 HD, Studio 7.0, Studio 7.0 II,
`
`Studio C, Studio C 5+5, Studio C HD, Studio C Mini, Studio C Super Camera, Studio Energy,
`
`Studio Energy 2, Studio G, Studio G Plus, Studio M HD, Studio One, Studio One Plus, Studio
`
`Selfie, Studio Selfie 2, Studio Touch, Studio X, Studio X 5, Studio X 6, Studio X Mini, Studio X
`
`Plus, Studio XL, Tank 4.5, Touchbook 8.0 3G, Touchbook G7, Vivo 4.3, Vivo 4.65 HD, Vivo
`
`4.8 HD, Vivo 5, Vivo Air, Vivo IV, Vivo Selfie, Vivo XL, Zoey 2.4 3G, Zoey 3G, Energy X
`
`Mini, Grand 5.5 HD, Neo 5.0, Studio G HD, Energy Diamond Mini (hereinafter, the “BLU
`
`Android Devices”). See, e.g., Exhibit A, an 8/4/2016 capture
`
`of http://bluproducts.com/index.php/android-phones; Exhibit B, an 8/4/2016 capture
`
`of http://bluproducts.com/index.php/other-android-phones.
`
`27.
`
`In the course of developing these ground-breaking devices, BlackBerry built a
`
`portfolio of approximately 40,000 patents and patent applications covering numerous fields of
`
`technology including mobile communication, radio frequency communication techniques,
`
`processors, power management, and many other areas.
`
`Cellular Standards and the FRAND Commitment
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`28. Many of BlackBerry’s patents, including its standard-essential patents, cover
`
`aspects of industry standards developed by 3GPP through a collaborative process in which
`
`European Telecommunications Standards Institute (“ETSI”) and other international standard-
`
`setting organizations (“SSOs”) collaborate to create and improve global standards for the
`
`telecommunications industry. 3GPP operates as an umbrella SSO that produces and maintains
`
`the technologies that enable the “second”, “third”, and “fourth” generations of wireless
`
`telecommunications technology (“2G”, “3G”, and “LTE”, respectively). LTE technology, which
`
`evolved from 3G, aims to increase capacity and speed. In particular, the LTE standard represents
`
`the latest advances in wireless telecommunications technology and is credited with many
`
`technical innovations that have greatly enhanced user experience, including a dramatic increase
`
`in data throughput and system performance compared to 3G technology. The family of 3GPP
`
`radio access technologies shares a number of synergies and certain features may be designed to
`
`operate across, or to enable interworking between 2G, 3G, and LTE. Mobile devices and
`
`infrastructure equipment are also commonly “multi-mode,” i.e., are compatible with multiple
`
`generations of 3GPP’s radio access technologies. For example, LTE phones are commonly also
`
`capable of communicating using 3G technologies.
`
`29.
`
`Similarly, LTE and 3G technologies evolved from 2G technologies and multi-
`
`mode devices supporting LTE and 3G are also commonly compatible with 2G technologies.
`
`30.
`
`Cellular standards enable interoperability, i.e., the ability of devices and
`
`equipment made by different manufacturers to communicate and work together in a cellular
`
`network. In order for mobile devices and telecommunications infrastructure equipment to be
`
`commercially viable in the United States and most of the world today, it is essential that such
`
`devices and equipment comply with 3GPP standards.
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`31.
`
`3GPP maintains and approves standards through a collaborative process in which
`
`its members submit technical proposals for establishing or improving aspects of a standard.
`
`These proposals are evaluated, refined, tested, and ultimately approved or rejected by technical
`
`committees of 3GPP. The resulting 3GPP technical specifications are incorporated by ETSI and
`
`other SSOs into relevant standards.
`
`32.
`
`Once a particular technology is incorporated into a standard, manufacturers of
`
`telecommunications devices and equipment must integrate the technology into their products to
`
`comply with the standard. Because it is common for SSO members to own patents covering the
`
`technology they contribute to standards, organizations like ETSI have created policies that seek
`
`to ensure those patents will be available for manufacturers to license on FRAND terms and
`
`conditions. For example, ETSI’s Intellectual Property Right (“IPR”) Policy requires members to
`
`disclose patents they believe are or may become “essential” to complying with a standard and
`
`declare whether they are prepared to grant irrevocable licenses on FRAND terms and conditions.
`
`33.
`
`ETSI’s IPR Policy defines “essential” as follows:
`
`“ESSENTIAL” as applied to IPR means that it is not possible on technical (but
`not commercial) grounds, taking into account normal technical practice and the
`state of the art generally available at the time of standardization, to make, sell,
`lease, otherwise dispose of, repair, use or operate EQUIPMENT or METHODS
`which comply with a STANDARD without infringing that IPR. For the
`avoidance of doubt in exceptional cases where a STANDARD can only be
`implemented by technical solutions, all of which are infringements of IPRs, all
`such IPRs shall be considered ESSENTIAL.
`
`Exhibit C at 41, § 15(6).
`
`34.
`
`ETSI members who disclose their SEPs are thus invited to declare whether they
`
`are ready to license them, upon request, to implementers of the 3GPP standards on FRAND
`
`terms and conditions. The declaration forms ETSI members may use to disclose SEPs state:
`
`To the extent that the IPR(s) disclosed in the attached IPR Information Statement
`Annex are or become, and remain ESSENTIAL in respect of the ETSI Work Item,
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`STANDARD and/or TECHNICAL SPECIFICATION identified in the attached
`IPR Information Statement Annex, the Declarant and/or its AFFILIATES are (1)
`prepared to grant irrevocable licenses under this/these IPR(s) on terms and
`conditions which are in accordance with Clause 6.1 of the ETSI IPR Policy; and
`(2) will comply with Clause 6.1bis of the ETSI IPR Policy.
`
`E.g., id. at 43.
`
`35. Many other SSOs require similar commitments from members who disclose
`
`patents that are or may become essential to practicing relevant standards.
`
`36.
`
`ETSI declarations create binding contractual commitments with ETSI to which
`
`other ETSI members and implementers of the 3GPP standards are third-party beneficiaries.
`
`37.
`
`The FRAND requirement is intended to ensure that SEP owners receive
`
`appropriate compensation for their intellectual property rights while preventing attempts to
`
`extract from implementers more favorable license terms than SEP owners would have obtained
`
`had their patents not been declared essential.
`
`38.
`
`BlackBerry and its affiliates are members of over thirty SSOs and have forged
`
`many industry alliances to promote the development of information and communications
`
`technology. BlackBerry and its affiliates have submitted many proposals to various standards
`
`organizations. BlackBerry and its affiliates have been active participating members of ETSI
`
`since 1999 and have made thousands of contributions to 3GPP standards, including the 2G, 3G,
`
`and LTE wireless standards.
`
`39.
`
`BlackBerry, on its behalf and on behalf of its affiliates, has disclosed to ETSI over
`
`two hundred patent families that are or may become essential to practicing one or more 3GPP
`
`standards. BlackBerry, on its behalf and on behalf of its affiliates, has committed to license, and
`
`has licensed to multiple companies, its standard-essential patents and those of its affiliates
`
`(“BlackBerry’s SEP Portfolio”) on FRAND terms and conditions according to ETSI’s IPR
`
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`Policy. BlackBerry’s SEP Portfolio, particularly as it relates to the 2G, 3G, and LTE standards,
`
`is extremely valuable within these standards and the industry.
`
`Notice Letters from BlackBerry to BLU Products
`
`40.
`
`On November 21, 2015, BlackBerry notified BLU of BlackBerry’s belief that
`
`BLU is infringing BlackBerry’s SEPs through its manufacture and sale of mobile phones and
`
`tablets that are compliant with, among others, the 2G, 3G, and LTE wireless standards. In its
`
`notification, BlackBerry provided BLU with a non-exhaustive list of standards that BLU
`
`practices and a non-exhaustive list of BlackBerry’s SEPs associated with those standards that
`
`BlackBerry believes BLU’s products infringe.
`
`41.
`
`BlackBerry additionally offered BLU the opportunity to license the SEPs on
`
`FRAND terms and requested a meeting at BLU’s headquarters to discuss the potential for
`
`licensing the technology to BLU. BlackBerry also offered to (1) explain in greater detail the
`
`basis of BlackBerry’s belief that BLU is infringing the BlackBerry patents and (2) present a
`
`specific, written offer for a license on FRAND terms, including the royalty amount.
`
`42.
`
`BlackBerry asked for a response to its November 21, 2015 letter by December 4,
`
`2015.
`
`2015.
`
`43.
`
`BLU did not respond to BlackBerry’s November 21, 2015 letter by December 4,
`
`44.
`
`On December 8, 2015, BlackBerry sent BLU a second notice letter, stating that
`
`BLU had failed to respond to the November 21, 2015 letter and that the lack of response from
`
`BLU indicated to BlackBerry that BLU was not interested in pursuing a license with BlackBerry.
`
`45.
`
`Despite BlackBerry’s December 8, 2015 letter, BLU did not pursue a license from
`
`BlackBerry or otherwise engage in licensing negotiations.
`
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`BLU’s Sales of 3GPP Standard-Compliant Products
`
`46.
`
`BLU has earned substantial revenue selling 2G, 3G, and LTE-compliant products
`
`that use BlackBerry’s technology. Those sales have propelled BLU to become, in its own words
`
`“one of the fastest growing mobile phone manufacturers in the world.” Exhibit D, an 8/14/2016
`
`capture of About Us, BLU PRODUCTS, http://bluproducts.com/into-blu/about-us.
`
`47.
`
`BLU makes, sells, uses, offers to sell, markets, and/or imports numerous
`
`smartphones compatible with the LTE standards, as well as tablets and related devices, in(to) the
`
`Southern District of Florida and throughout the United States without a license from BlackBerry.
`
`BLU’s LTE-enabled products are designed to operate on U.S. cellular networks with LTE
`
`capabilities. BLU markets LTE-capability as a key feature of its products.
`
`48.
`
`BlackBerry is informed and believes, and thereon alleges, that the BLU devices
`
`that are designed to operate on LTE, 3G, and 2G networks and are compliant with all necessary
`
`2G, 3G, and LTE standards include, but are not limited to, the following models: Dash X Plus
`
`LTE, Energy X LTE, Life Mark, Life One X, Pure XL, Studio Energy 2, Studio One, Studio One
`
`Plus, Studio Touch, Studio X Mini, Vivo 5, Vivo XL, Energy XL, R1 HD (hereinafter, the
`
`“Accused LTE Products”).
`
`49.
`
`BLU makes, sells, uses, offers to sell, markets, and/or imports numerous
`
`smartphones compatible with the 3G standards, as well as tablets and related devices, in(to) the
`
`Southern District of Florida and throughout the United States without a license from BlackBerry.
`
`BLU’s 3G-enabled products are designed to operate on U.S. cellular networks with 3G
`
`capabilities. BLU markets 3G capability as a key feature of its products.
`
`50.
`
`BlackBerry is informed and believes, and thereon alleges, that the BLU devices
`
`that are designed to operate on 3G and 2G networks and are compliant with all necessary 2G and
`
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`3G standards, other than the Accused LTE Products, include, but are not limited to, the following
`
`models: Advance 4.0, Advance 4.0 L, Advance 4.0 L2, Advance 4.5, Advance 5.0, Amour,
`
`Dash, Dash 3.2, Dash 3.5, Dash 4.0, Dash 4.5, Dash 5.0, Dash 5.0+, Dash 5.5, Dash C Music,
`
`Dash L, Dash L2, Dash M, Dash M2, Dash Music 4.0, Dash X, Dash X Plus, Dash X2, Energy
`
`X, Energy X Plus, Energy X2, Life 8, Life 8 XL, Life One M, Life Play, Life Play 2, Life Play
`
`Mini, Life Play S, Life Play X, Life Pro, Life Pure, Life Pure Mini, Life View, Life View 8.0
`
`(Tablet), Life View Tab (Tablet), Life X8, Neo 3.5, Neo 4.5, Neo Energy Mini, Neo X, Neo X
`
`Plus, Neo XL, Selfie, Sport 4.5, Star 4.5, Studio 5.0 C, Studio 5.0 C HD, Studio 5.0 II, Studio 5.0
`
`S II, Studio 5.5, Studio 5.5 C, Studio 5.5 HD, Studio 5.5 S, Studio 6.0 HD, Studio 7.0, Studio 7.0
`
`II, Studio C, Studio C 5+5, Studio C HD, Studio C Mini, Studio C Super Camera, Studio Energy,
`
`Studio G, Studio G Plus, Studio M HD, Studio Selfie 2, Studio X, Studio X 5, Studio X 6, Studio
`
`X Plus, Studio XL, Tank 4.5, Touchbook G7, Vivo 4.3, Vivo 4.65 HD, Vivo 4.8 HD, Vivo Air,
`
`Vivo IV, Vivo Selfie, Energy X Mini, Grand 5.5 HD, Neo 5.0, Studio G HD, Energy Diamond
`
`Mini (hereinafter, the “Accused 3G Products”) (the Accused 3G Products and Accused LTE
`
`Products collectively referred to as the “Accused Standard Compliant Products”).
`
`As detailed further below, BLU’s Accused Standard Compliant Products use technology
`
`protected by BlackBerry’s SEPs.
`
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`BLACKBERRY’S PATENTS
`
`51.
`
`U.S. Patent No. 8,489,868 (the “’868 patent”), entitled “Software Code Signing
`
`System and Method,” was duly and legally issued on July 16, 2013. BlackBerry Limited is the
`
`owner by assignment of all right, title, and interest in and to the ’868 patent, including without
`
`limitation the right to sue and recover for past infringement thereof. A copy of the ’868 patent is
`
`attached as Exhibit E.
`
`52.
`
`U.S. Patent No. 8,713,466 (the “’466 patent”), entitled “Dynamic Bar Oriented
`
`User Interface,” was duly and legally issued on April 29, 2014. BlackBerry Limited is the owner
`
`by assignment of all right, title, and interest in and to the ’466 patent, including without
`
`limitation the right to sue and recover for past infringement thereof. A copy of the ’466 patent is
`
`attached as Exhibit F.
`
`53.
`
`U.S. Patent 8,402,384 (the “’384 patent”), entitled “Dynamic Bar Oriented User
`
`Interface,” was duly and legally issued on March 19, 2013. BlackBerry Limited is the owner by
`
`assignment of all right, title, and interest in and to the ’384 patent, including without limitation
`
`the right to sue and recover for past infringement thereof. A copy of the ’384 patent is attached
`
`as Exhibit G.
`
`54.
`
`U.S. Patent 8,411,845 (the “’845 patent”), entitled “Handheld Electronic Device
`
`Having Improved Phone Call Log, and Associated Method,” was duly and legally issued on
`
`April 2, 2013. BlackBerry Limited is the owner by assignment of all right, title, and interest in
`
`and to the ’845 patent, including without limitation the right to sue and recover for past
`
`infringement thereof. A copy of the ’845 patent is attached as Exhibit H.
`
`55.
`
`U.S. Patent 6,271,605 (the “’605 patent”), entitled “Battery Disconnect System,”
`
`was duly and legally issued on August 7, 2001. BlackBerry Limited is the owner by assignment
`
`BLACKBERRY’S AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`of all right, title, and interest in and to the ’605 patent, including without limitation the right to
`
`sue and recover for past infringement thereof. A copy of the ’605 patent is attached as Exhibit I.
`
`56.
`
`U.S. Patent 8,745,149 (the “’149 patent”), entitled “Handheld Electronic Device
`
`and Associated Method Providing Time Data in a Messaging Environment,” was duly and
`
`legally issued on June 3, 2014. BlackBerry Limited is the owner by assignment of all right, title,
`
`and interest in and to the ’149 patent, including without limitation the right to sue and recover for
`
`past infringement thereof. A copy of the ’149 patent is attached as Exhibit J.
`
`57.
`
`U.S. Patent 8,169,449 (the “’449 patent”), entitled “System Compositing Images
`
`From Multiple Applications,” was duly and legally issued on May 1, 2012. BlackBerry Limited
`
`is the owner by assignment of all right, title, and interest in and to the ’449 patent, including
`
`without limitation the right to sue and recover for past infringement thereof. A copy of the ’449
`
`patent is attached as Exhibit K.
`
`58.
`
`U.S. Patent No. 7,969,924 (“’924 patent”), entitled “Method and Apparatus for
`
`State/Mode Transitioning,” was duly and legally issued on June 28, 2011. BlackBerry Limited is
`
`the owner by assignment of all right, title, and interest in and to the ’924 patent, including
`
`without limitation the right to sue and recover for past infringement thereof. A copy of the ’924
`
`patent is attached as Exhibit L.
`
`59.
`
`U.S. Patent No. 8,483,060 (“’060 patent”) is entitled “Method for Configuring a
`
`Telecommunication System,” and issued on July 9, 2013. BlackBerry Limited is the owner by
`
`assignment of all right, title, and interest in and to the ’060 patent, including without limitation
`
`the right to sue and recover for past infringement thereof. A copy of the ’060 patent is attached
`
`as Exhibit M.
`
`BLACKBERRY’S AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`60.
`
`U.S. Patent No. 8,406,118 (“’118 patent”) is entitled “Scattered Pilot Pattern and
`
`Channel Estimation Method for MIMO-OFDM Systems,” and issued on March 26, 2013.
`
`BlackBerry Limited is the owner by assignment of all right, title, and interest in and to the ’118
`
`patent, including without limitation the right to sue and recover for past infringement thereof. A
`
`copy of the ’118 patent is attached as Exhibit N.
`
`61.
`
`U.S. Patent No. 8,472,567 (“’567 patent”) is entitled “Detecting the Number of
`
`Transmit Antennas in a Base Station,” and issued on June 25, 2013. BlackBerry Limited is the
`
`owner by assignment of all right, title, and interest in and to the ’567 patent, including without
`
`limitation the right to sue and recover for past infringement thereof. A copy of the ’567 patent is
`
`attached as Exhibit O.
`
`62.
`
`U.S. Patent No. 8,265,034 (“’034 patent”) is entitled “Method and System for
`
`Signaling Connection Release Indication,” and issued on September 11, 2012. BlackBerry
`
`Limited is the owner by assignment of all right, title, and interest in and to the ’034 patent,
`
`including without limitation the right to sue and recover for past infringement thereof. A copy of
`
`the ’034 patent is attached as Exhibit P.
`
`63.
`
`U.S. Patent No. 8,625,506 (“’506 patent”) is entitled “System and Method for
`
`Determining Establishment Causes,” and issued on January 7, 2014. BlackBerry Limited is the
`
`owner by assignment of all right, title, and interest in and to the ’506 patent, including without
`
`limitation the right to sue and recover for past infringement thereof. A copy of the ’506 patent is
`
`attached as Exhibit Q.
`
`64.
`
`U.S. Patent No. 7,933,355 (“’355 patent”) is entitled “Systems, Devices, and
`
`Methods for Training Sequence, Transmission and Reception,” and issued on April 26, 2011.
`
`BlackBerry Limited is the owner by assignment of all right, title, and interest in and to the ’355
`
`BLACKBERRY’S AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`patent, including without limitation the right to sue and recover for past infringement thereof. A
`
`copy of the ’355 patent is attached as Exhibit R.
`
`65.
`
`U.S. Patent No. 7,050,413 (“’413 patent”) is entitled “Information Transmission
`
`Method, Mobile Communications System, Base Station and Mobile Station in which Data Size
`
`of Identification Data Is Reduced,” and issued on May 23, 2006. BlackBerry Limited is the
`
`owner by assignment of all right, title, and interest in and to the ’413 patent, including without
`
`limitation the right to sue and recover for past infringement thereof. A copy of the ’413 patent is
`
`attached as Exhibit S.
`
`FIRST CAUSE OF ACTION
`(Infringement of U.S. Patent No. 8,489,868)
`
`66.
`
`BlackBerry realleges and incorporates by reference the allegations set forth in the
`
`foregoing paragraphs.
`
`67.
`
`On information and belief, BLU has directly infringed and is continuing to
`
`directly infringe the ’868 patent, either literally or under the doctrine of equivalents, by making,
`
`using, selling, offering for sale, and/or importing in the United States and in this Judicial District,
`
`products, software, and/or services that incorporate or make use of one or more of the inventions
`
`covered by the ’868 patent, including but not limited to the BLU Android Devices (see, e.g.,
`
`Exhibits A, B) (“’868 Accused Produ