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`ROBINS KAPLAN LLP
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`RAYNA E. KESSLER, ESQ. (NJ 031782010)
`399 Park Avenue, Suite 3600
`New York, NY 10022
`Telephone: (212) 980-7431
`Facsimile: (212) 980-7499
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`CHRISTOPHER A. SEIDL, ESQ. (MN 0313439) (pro hac vice to be filed)
`MARY PHENG, ESQ. (MN 0398500) (pro hac vice to be filed)
`800 LaSalle Avenue, Suite 2800
`Minneapolis, MN 55402
`Telephone: (612) 349-8500
`Facsimile: (612) 339-4181
`
`SETH A. NORTHROP, ESQ. (CA 301229) (pro hac vice to be filed)
`LI ZHU, ESQ. (CA 302210) (pro hac vice to be filed)
`2440 W. El Camino Real, Suite 100
`Mountain View, CA 94040
`Telephone: (650) 784-4040
`Facsimile: (650) 784-4041
`
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`INVT SPE LLC,
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` Plaintiff,
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` v.
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`HTC Corporation, and
`HTC America, Inc.,
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` Defendants.
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`CIVIL CASE NO.:
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`
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`Civil Action
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`COMPLAINT AND JURY DEMAND
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`IPR2018-1555
`HTC EX1012, Page 1
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`
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 2 of 43 PageID: 2
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`Plaintiff INVT SPE LLC (“Inventergy SPE”), a Delaware limited liability corporation whose
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`principal place of business is located at One Market Plaza, Spear Tower, 42nd Floor, San
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`Francisco, CA 94015, hereby files this Complaint against HTC Corporation and HTC America,
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`Inc. (collectively “Defendant” or “HTC”). Inventergy SPE alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`Inventergy SPE brings this patent infringement action to protect its intellectual
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`property and stop Defendant from continuing its wrongful and unlicensed use of Inventergy SPE’s
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`patented technologies within and in conjunction with Defendant’s mobile phones, phablets, and
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`tablets, among other devices.
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`2.
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`Inventergy SPE owns a robust patent portfolio comprising hundreds of patents
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`embodying decades of innovation, investment and effort by numerous companies, inventors, and
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`engineers.
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`3.
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`Inventergy SPE’s patent portfolio
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`includes patents
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`related
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`to mobile
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`telecommunications and wireless technology, including, but not limited to EDGE/3G/LTE user
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`devices and base stations.
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`4. Defendant provides certain products and services, including but not limited to its
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`mobile phones, and tablets, among other devices. Products sold by Defendant include, but are not
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`limited to, the devices listed in Appendix A. Defendant’s products and related services make use
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`of Inventergy SPE’s patented technology and infringe the following United States patents (“the
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`Asserted Patents”):
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`a. Attached hereto as Exhibit A is U.S. Patent No. 6,466,563 (“the ’563 Patent”),
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`titled “CDMA Mobile Station and CDMA Transmission Method”;
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`2
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`IPR2018-1555
`HTC EX1012, Page 2
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 3 of 43 PageID: 3
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`b. Attached hereto as Exhibit B is U.S. Patent No. 6,611,676 (“the ’676 Patent”),
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`titled “Radio Communication Apparatus and Transmission Rate Control
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`Method”;
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`c. Attached hereto as Exhibit C is 7,206,587 (“the ’587 Patent”), titled
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`“Communication Terminal Apparatus, Base Station Apparatus, and Radio
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`Communication Method”;
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`d. Attached hereto as Exhibit D is U.S. Patent No. 7,760,815 (“the ’815 Patent”),
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`titled “Apparatus and Method for Transmission/Reception”;
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`e. Attached hereto as Exhibit E is U.S. Patent No. 7,764,711 (“the ’711 Patent”),
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`titled “CDMA Transmission Apparatus and CDMA Transmission Method”;
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`f.
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`Attached hereto as Exhibit F is U.S. Patent No. 7,848,439 (“the ’439 Patent”),
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`titled
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`“Communication Apparatus, Communication
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`System,
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`and
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`Communication Method”; and
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`g. Attached hereto as Exhibit G is U.S. Patent No. 6,760,590 (“the ’590 Patent”),
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`titled “Communication Terminal Apparatus, Base Station Apparatus, and Radio
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`Communication Method.”
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`5. Accordingly, Inventergy SPE seeks damages in an amount adequate to compensate
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`them for Defendant’s infringement, including trebled damages based on Defendant’s willful
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`infringement of the Asserted Patents, a permanent injunction barring Defendant from continuing
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`to infringe the Asserted Patents, or in the alternative, an award of a reasonable ongoing royalty for
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`future infringement, and Inventergy SPE’s attorneys’ fees and costs associated with this action.
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`3
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`IPR2018-1555
`HTC EX1012, Page 3
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 4 of 43 PageID: 4
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`JURISDICTION AND VENUE
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`6.
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`This lawsuit is a civil action for patent infringement arising under the patent laws of
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`the United States, 35 U.S.C. § 101 et seq. This Court has subject-matter jurisdiction pursuant to
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`28 U.S.C. §§ 1331 and 1338(a).
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`7.
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`The Court has personal jurisdiction over Defendant because, on information and
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`belief, Defendant is present within or has minimum contacts within the State of New Jersey and
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`the District of New Jersey; Defendant has purposefully availed itself of the privileges of
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`conducting business in the State of New Jersey and the District of New Jersey; Defendant has
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`sought protection and benefit from the laws of the State of New Jersey; Defendant regularly
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`conducts business within the State of New Jersey and within the District of New Jersey; and
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`Inventergy SPE’s cause of action arises directly from Defendant’s business contacts and other
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`activities in the State of New Jersey and the District of New Jersey.
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`8. More specifically, this Court has personal jurisdiction over Defendant because
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`Defendant directly and/or through intermediaries, ships, distributes, uses, offers for sale, sells,
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`and/or advertises products and services in the United States, the State of New Jersey, and the
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`District of New Jersey. This Court also has personal jurisdiction over Defendant because
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`Defendant has committed, contributed to, and induced acts of patent infringement and has
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`regularly and systematically conducted and solicited business in this District by and through at
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`least the sales and offers for sale of Defendant’s products and services, and other contractual
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`arrangements with Defendant’s customers, developers, distributors and third-parties using
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`Defendant’s products and services located in and/or doing business in this District.
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`4
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`IPR2018-1555
`HTC EX1012, Page 4
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 5 of 43 PageID: 5
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`9. Upon information and belief, Defendant provides and/or directs its products and
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`services at customers living in cities served by the United States District Court for the District of
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`New Jersey.
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`10. Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b). On information
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`and belief, Defendant has transacted business in this District, has directly committed acts of patent
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`infringement in this District, and has a regular and established place of business in this District.
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`11. Defendant engages in a substantial part of its ordinary business in a continuous manner
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`in this District. On information and belief, Defendant maintains, controls, and pays for a permanent
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`physical location from which sales are made within this District. Since as early as 2012, Defendant
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`has operated at least a sales office at 135 State Route 202/206, Bedminster, New Jersey 07921,
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`which Defendant advertises on its official website for the purpose of hiring potential employees.1
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`12. On information and belief, within this District, Defendant employs a number of
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`executives, technical managers, sales representatives, field engineers, and other employees who
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`are directly involved in Defendant’s direct infringement, including through the testing,
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`demonstration, use, and sale of the accused products and services within New Jersey.
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`13. For example, Defendant’s Executive Director for the Verizon Account has operated in
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`that position at Defendant’s Bedminster office since as early as September 2015. He is responsible
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`for key carrier accounts for the Defendant in the US and Canada, and has comprehensive product
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`development, product management, account, and operations experience in the wireless industry.
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`Defendant’s Executive Director was previously Defendant’s Director of Product Management. He
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`was also employed in Bedminster, New Jersey while operating in that previous role.
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`1 HTC, Global Openings | HTC Global Careers, available at
`http://careers.htc.com/career/HTC-global/apply-now/global-openings (last accessed May 24,
`2017).
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`5
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`IPR2018-1555
`HTC EX1012, Page 5
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 6 of 43 PageID: 6
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`14. Defendant’s Bedminster sales office also employs a number of technical account
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`managers, senior software engineers, and senior account managers, many of whom have been
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`employed at that location since as early as 2011. These employees were responsible for a variety
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`of roles related to Defendant’s direct infringement of the Asserted Patents, including at least the
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`testing, analysis, and verification of Defendant’s mobile phones and other products and services,
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`creating and executing test plans to meet carrier requirements, analyzing quality issues during the
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`fully cycle of Defendant’s mobile products, from design to after launch, chip certification, and
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`diagnostic training.
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`15. On information and belief, Defendant’s New Jersey employees are also responsible
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`for working with major carrier providers to ensure that Defendant’s accused products and services
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`comply with various 3GPP technical specifications, infriignging one or more of the Asserted
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`Patents, as further described below. By way of example, Defendant’s employees, both inside and
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`outside this District, work with Verizon Communications, Inc. and/or its affiliates and/or
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`subsidiaries such as Cellco Partnership d/b/a Verizon Wireless,
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`the
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`largest wireless
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`telecommunications provider in the United States (collectively, “Verizon”), to ensure that
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`Defendant’s accused products and services comply with 3GPP technical specifications, infringing
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`one or more of the Asserted Patents. Verizon’s operations headquarters are located in this District
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`at 1 Verizon Way, Basking Ridge, New Jersey 07920.2
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`2 Verizon Basking Ridge, NJ Office Location|Verizon Careers, available at
`http://www.verizon.com/about/careers/locations/basking-ridge-nj (last accessed May 24, 2017).
`6
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`IPR2018-1555
`HTC EX1012, Page 6
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 7 of 43 PageID: 7
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`
`
`THE PARTIES
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`A. Plaintiff Inventergy SPE
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`16.
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`Inventergy SPE is a Delaware limited liability corporation whose principal place of
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`business is located at One Market Plaza, Spear Tower, 42nd Floor, San Francisco, CA 94015.
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`17.
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`Inventergy SPE owns, through assignments originating with Panasonic Corporation
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`(“Panasonic”), a patent portfolio (“the Panasonic portfolio”) related to mobile telecommunications
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`and wireless technology, including, but not limited to EDGE/3G/LTE user devices and equipment.
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`The portfolio includes approximately 500 patents including the Asserted Patents. Implementation
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`of mandatory portions of various 3GPP technical specifications, including at least TS 25.133,
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`25.212, 25.213, 25.214, 25.308, 25.319, 25.321, 36.133, 36.211, 36.212, 36.213, 36.300, 36.331,
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`45.001, 45.003, and 45.004, infringe one or more of the Asserted Patents. Inventergy SPE also
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`owns hundreds of other patents related to mobile telecommunications and wireless technology
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`acquired from Huawei Technologies Co., Ltd. (“Huawei”) and Nokia Corporation (“Nokia”).
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`18. The Panasonic portfolio assets cover, among other things, key technologies in
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`EDGE/3G/LTE communications, an industry in which Panasonic has been an early technology
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`innovator and standards setter.
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`19.
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`Inventergy SPE obtained the Panasonic portfolio, including the Asserted Patents,
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`through an assignment from Inventergy, Inc. (“Inventergy”) on April 27, 2017. Inventergy is an
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`investment and licensing company that helps industry leaders protect their most valuable
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`intellectual property. Inventergy was founded by Joe Beyers—the former head of intellectual
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`property and global strategy at Hewlett-Packard. Through the assignment from Inventergy,
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`Inventergy SPE now owns all rights, title and interest in the Panasonic portfolio, including the
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`Asserted Patents.
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`7
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`IPR2018-1555
`HTC EX1012, Page 7
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 8 of 43 PageID: 8
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`B. The HTC Defendants (“HTC” or “Defendant”)
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`20. Defendant HTC Corporation (“HTC Corp.”) is a foreign company organized and
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`existing under the laws of Taiwan, with its principal place of business at 23 Xinghua Road,
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`Taoyuan City, Taoyuan County 330, Taiwan.
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`21. Defendant HTC Corp. is involved in the development, manufacture, import and/or sale
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`of certain products that make use of Inventergy SPE’s patented technology. Products sold by HTC
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`or through HTC’s intermediaries (including distributors, retailers, and others), subsidiaries, alter
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`egos, and/or agents include, but are not limited to, the devices listed in Appendix A.
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`22. Defendant HTC America, Inc. (“HTC America” or “HTCA”) is a Washington
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`corporation having its principal place of business at 308 Occidental Ave S, Suite 300, Seattle,
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`Washington 98104. Defendant HTC America has designated National Corporate Research, Ltd.,
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`14 Scenic Drive, Dayton, NJ 08810, as its registered agent in New Jersey.
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`23. Defendant HTC America is a wholly-owned subsidiary of Defendant HTC Corp. that
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`is also involved in the development, manufacture, import and/or sale of certain products that make
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`use of Inventergy SPE’s patented technology, including, but not limited to, the devices listed in
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`Appendix A
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`24. HTC is one of the largest providers of consumer electronics in the country and one of
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`the world’s largest manufacturers of EDGE/3G/LTE user devices.
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`BACKGROUND OF THE TECHNOLOGY
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`25. The technology at issue in this case pertains generally to the field of mobile
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`telecommunications, including, but not limited to EDGE/3G/LTE user devices.
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`26. Mobile telecommunications devices allow users to make or receive telephone calls and
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`transmit and receive data wirelessly over a wide geographical area.
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`8
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`IPR2018-1555
`HTC EX1012, Page 8
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 9 of 43 PageID: 9
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`27. Around 1980, first generation (“1G”) mobile phones were introduced to the public.
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`These phones used analog modulation techniques, specifically frequency division multiple access,
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`to transmit voice calls.
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`28.
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`In the 1990s, second generation (“2G”) phones emerged. These phones used digital
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`technology, which permitted more efficient use of the radio spectrum than their 1G predecessor.
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`While second generation systems were originally designed only for voice, they were later
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`enhanced to include data transmission, but could only achieve low data rates.
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`29. During the same time period of growth for 2G communications systems, overall use
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`of the Internet also increased. In response to user demand for higher data rates, third generation
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`(“3G”) phones emerged.
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`30. While voice calls traditionally dominated the traffic in mobile communications, the
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`increasing number of mobile devices and the advancement of mobile device technology with
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`increased features and data-hungry applications drove demand for faster and more reliable data
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`transmissions. Data traffic over cellular networks has therefore increased dramatically since the
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`mid to late 2000s.
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`31. Given the increased demand for data, coupled with limited available radio spectrum,
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`mobile communication developers were required to create a standard that, compared with 3G,
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`offered much higher data rates, lower latency, and improved overall user experience. LTE is the
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`result of this development.
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`32. Global standards establish precise specifications for the essential components of
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`telecommunications systems. Global standards are fundamental in allowing products and services
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`from unrelated competitors to be compatible and to operate seamlessly with a telecommunications
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`network. These standards include General Packet Radio Service (“GPRS”), Enhanced Data rates
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`9
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`IPR2018-1555
`HTC EX1012, Page 9
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 10 of 43 PageID: 10
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`
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`for GSM Evolution (“EDGE”), “Universal Mobile Telecommunications System (“UMTS”), the
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`High Speed Downlink Packet Access (“HSDPA”) and High Speed Uplink Packet Access
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`(“HSUPA”) mobile protocols that combine to form High Speed Packet Access (“HSPA”), and
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`Long-Term Evolution (“LTE”).
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`33. Each of the standards consists of a series of technical specifications (“TS”). The 25,
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`36, and 45 series of technical specifications cover various aspects of the above wireless
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`technologies, including at least TS 25.133, 25.212, 25.214, 25.302, 25.303, 25.308, 25.319,
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`25.321, 36.211, 36.212, 36.213, 36.300, 45.001, 45.003, and 45.004.
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`NOTICE AND COMPLIANCE WITH FRAND OBLIGATIONS
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`34. On January 20, 2015, Inventergy first contacted Defendant regarding a potential
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`license to a number of patents in Inventergy SPE’s patent portfolio, including the ’563, ’676, ’587,
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`’815, ’439, and ’590 Asserted Patents. Inventergy’s letter to Defendant described the portfolio on
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`3G (WDCMA) and 4G (LTE) communications and identified 34 patent families, consisting of 347
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`patents, with claims directed to end user devices. Inventergy explained that a number of these
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`patents and patent families related to “WCDMA and LTE standards enabled in HTC’s Products”
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`and were therefore subject to FRAND licensing commitments. Inventergy further explained that
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`it was “prepared to grant HTC a worldwide, nonexclusive license” and offered specific royalty
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`rates for HTC’s products. Inventergy also attached a number of claim charts, including charts for
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`the ’439 and ’590 Patents.
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`35.
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`Inventergy contacted Defendant again on February 13, 2015 to further discuss the
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`possibility of granting Defendant a worldwide, nonexclusive license for its patent portfolio,
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`including the Asserted Patents.
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`36. On July 14, 2015, Inventergy sent Defendant additional materials related to the
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`10
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`IPR2018-1555
`HTC EX1012, Page 10
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 11 of 43 PageID: 11
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`Asserted Patents, including several claim charts for the ’563, ’590, and ’439 Patents.
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`37.
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`Inventergy met with the Defendant on or around November 12, 2015. At that meeting,
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`Inventergy presented Defendant with details relating to Inventergy’s 3G/4G patent portfolio and
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`Defendant’s infringement of the Asserted Patents.
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`38. Throughout the events described above, Inventergy SPE and/or Inventergy
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`continuously offered Defendant a license to its Panasonic Portfolio, including the Asserted Patents,
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`on FRAND terms. To date, Defendant has refused to enter into such a licensing agreement.
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`39. Throughout the discussions, Inventergy SPE and/or Inventergy continued to discuss
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`with Defendant its infringement of the Asserted Patents and a potential patent license to resolve
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`claims relating to infringement.
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`40. Defendant has been on notice of its infringement of at least U.S. Pat. No. 6,466,563
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`since at least January 20, 2015, when Inventergy provided actual notice of the Asserted Patents to
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`Defendant.
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`41. Defendant has been on notice of its infringement of at least U.S. Pat. No. 6,611,676
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`since at least January 20, 2015, when Inventergy provided actual notice of the Asserted Patents to
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`Defendant.
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`42. Defendant has been on notice of its infringement of at least U.S. Pat. No. 7,206,587
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`since at least January 20, 2015, when Inventergy provided actual notice of the Asserted Patents to
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`Defendant.
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`43. Defendant has been on notice of its infringement of at least U.S. Pat. No. 7,760,815
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`since at least January 20, 2015, when Inventergy provided actual notice of the Asserted Patents to
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`Defendant.
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`44. Defendant has been on notice of its infringement of at least U.S. Pat. No. 7,848,439
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`11
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`IPR2018-1555
`HTC EX1012, Page 11
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 12 of 43 PageID: 12
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`since at least January 20, 2015, when Inventergy provided actual notice of the Asserted Patents to
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`Defendant.
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`45. Defendant has been on notice of its infringement of at least U.S. Pat. No. 6,760,590
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`since at least January 20, 2015, when Inventergy provided actual notice of the Asserted Patents to
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`Defendant.
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`FIRST CLAIM FOR RELIEF
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`Infringement of U.S. Patent No. 6,466,563
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`46.
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`Inventergy SPE incorporates by reference the foregoing paragraphs.
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`47. The ’563 Patent issued on October 15, 2002, and is titled “CDMA Mobile Station and
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`CDMA Transmission Method.”
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`48.
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`Inventergy SPE is the owner by assignment of all rights, title, and interest in the ’563
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`Patent.
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`49. The ’563 Patent is valid and enforceable.
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`50. The ’563 patented technology is directed generally to Code Division Multiple Access
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`(“CDMA”) mobile station apparatuses and CDMA transmission methods. One objective of the
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`invention was to provide a CDMA mobile stations apparatus and CDMA transmission method
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`which can maintain established synchronization with a base station apparatus while reducing
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`power consumption when there is no data to be transmitted. This particular objective can be
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`achieved, among other ways, by controlling the transmission interval of burst data to N slots (N: a
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`natural number) when a certain time has elapsed after the end of data transmission.
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`51. The use of mandatory portions of the HSPA standard infringes the ’563 Patent. For
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`example, the 3GPP standard TS 25.308 requires use of discontinuous uplink transmission for
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`transmitting DPCCH in a controllable burst pattern when a user device is not transmitting data (on
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`12
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`IPR2018-1555
`HTC EX1012, Page 12
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 13 of 43 PageID: 13
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`an Enhanced Dedicated Channel (“E-DCH”)) or High-Speed Dedicated Physical Control Channel
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`(“HS-DPCCH”).
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`52. On information and belief, Defendant’s mobile devices, phablets, tablets, modems,
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`and other devices with HSPA capabilities use the mandatory portions of the HSPA standard
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`covered by the ’563 Patent, including but not limited to Claim 12.
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`53. Defendant has infringed, and is currently infringing, the ’563 Patent in violation of 35
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`U.S.C. § 271(a) by making, using, selling, offering for sale, and/or importing into the United
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`States, without authority, products, equipment, software, and/or services that practice one or more
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`claims of the ’563 Patent, including without limitation Defendant’s mobile devices, phablets,
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`tablets, modems, and other devices with HSPA capabilities and comply with HSPA standards,
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`including at least TS 25.308. For instance, these Defendant devices include, but are not limited to,
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`the HTC 10 mobile phone and equivalents, and the HSPA devices listed in Appendix A.
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`54. More specifically, Defendant’s mobile devices, phablets, tablets, modems, and other
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`devices with HSPA capabilities and comply with HSPA standards infringe at least Claim 12 of the
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`’563 Patent because they generate and transmit frames for uplink transmission by inserting pilot
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`and Transmit Power Control (TPC) symbols without data using discontinuous uplink transmission
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`techniques.
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`55. Defendant was provided one or more claim charts for the ’563 Patent on at least July
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`14, 2015, and those charts are hereby incorporated by reference.
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`56. Defendant has had actual knowledge of the ’563 Patent and Defendant’s infringement
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`of the ’563 Patent since at least January 20, 2015, before the filing of this Complaint. Despite this
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`knowledge, Defendant continued its infringing activities despite an objectively high likelihood that
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`its activities constituted infringement of a valid patent, and this risk was either known or so obvious
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`13
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`IPR2018-1555
`HTC EX1012, Page 13
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 14 of 43 PageID: 14
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`that it should have been known to Defendant. Thus, Defendant’s infringement has been, and
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`continues to be, willful and deliberate.
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`57. Defendant induces third parties, including customers, to infringe the ’563 Patent in
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`violation of 35 U.S.C. § 271(b) by encouraging and facilitating them to perform actions that
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`Defendant knows to be acts of infringement of the ’563 Patent. Upon information and belief,
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`Defendant knows that the use of its mobile devices, phablets, tablets, modems, and other devices
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`with HSPA capabilities and comply with HSPA standards, constitutes infringement of the ’563
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`Patent, including at least Claim 12. Defendant advertises the infringing products and services,
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`publishes specifications and promotional literature encouraging customers to operate the accused
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`products and services, creates and/or distributes user manuals for the accused products and services
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`that provide instruction and/or encourage infringing use, and offers support and/or technical
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`assistance to its customers that provide instructions on and/or encourage infringing use.
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`58. For instance, Defendant encourages and facilitates its customers to infringe the ’563
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`Patent by instructing customers that purchase its HTC 10 mobile phones that such devices have
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`“HSPA” technology, and providing various indicators within those devices of the same.3 Further,
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`Defendant advertises various products, such as its HTC 10 mobile phone, that employ a
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`“Snapdragon 820” chipset. 4 Customers, pursuant to Defendant’s instructions, indicators, and
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`advertisements, each directly infringe the ’563 Patent, including at least Claim 12.
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`59. Defendant also contributes to the infringement of the ’563 Patent in violation of 35
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`U.S.C. § 271(c). Defendant contributes to infringement of the ’563 Patent by making, using,
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`3 See HTC 10 Industry Leading Features and Specs | HTC United States, available at
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`http://www.htc.com/us/smartphones/htc-10/ (last accessed Feb. 26, 2017).
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`4 Id.
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`selling, offering to sell and/or importing components that are incorporated with third-party devices
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`to infringe the ’563 Patent, including at least Claim 12. The accused components constitute a
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`material part of the invention claimed by the ’563 Patent at least because they work in conjunction
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`with third-party products or services, and they are specifically made to operate in a manner that
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`infringes the ’563 Patent by, among other things, enabling various devices, such as mobile devices,
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`phablets, tablets, modems, and other devices with HSPA capabilities and comply with HSPA
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`standards, to perform, among other things, the discontinuous transmission of an uplink control
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`channel when data transmission is not scheduled for transmission. The accused components are
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`separable from Defendant’s products and are not staple articles or commodities of commerce
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`suitable for substantial non-infringing use because they necessarily operate in a manner that
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`infringes the ’563 Patent. Further, because the ’563 Patent is essential to the HSPA standards
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`Defendant’s devices with HSPA capabilities and comply with HSPA standard are material in
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`practicing the ’563 Patent, are especially made to infringe the ’563 Patent, and have no substantial
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`non-infringing uses. Moreover, Defendant publishes or has published information about infringing
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`aspects of various devices. These devices include mobile devices, phablets, tablets, modems, and
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`other devices with HSPA capabilities and comply with HSPA standards that are practiced using
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`the components that Defendant provides. As stated above, Defendant knew of the ’563 Patent and
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`knew that its actions would lead to infringement of that patent. Therefore, Defendant is also
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`contributing to the direct infringement of the ’563 Patent by users of Defendant’s services,
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`products, and/or features, including at least Claim 12.
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`60.
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`Inventergy SPE has suffered and continues to suffer damages and irreparable harm as
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`a result of Defendant’s past and ongoing infringement.
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`Case 2:17-cv-03740-JMV-JBC Document 1 Filed 05/25/17 Page 16 of 43 PageID: 16
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`61. Unless Defendant’s infringement is permanently enjoined, Inventergy SPE will
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`continue to be damaged and irreparably harmed.
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`SECOND CLAIM FOR RELIEF
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`Infringement of U.S. Patent No. 6,611,676
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`62.
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`Inventergy SPE incorporates by reference the foregoing paragraphs.
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`63. The ’676 Patent issued on August 26, 2003, and is titled “Radio Communication
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`Apparatus and Transmission Rate Control Method.”
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`64.
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`Inventergy SPE is the owner by assignment of all rights, title, and interest in the ’676
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`Patent.
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`65. The ’676 Patent is valid and enforceable.
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`66. The ’676 patented technology is directed generally to a radio communication
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`apparatus with a variable transmission rate and a transmission rate control method. One objective
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`of the invention was to provide a radio communication apparatus and transmission rate control
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`method capable of controlling transmission power of a base station directed to a mobile station
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`appropriately without being affected by the environment of the mobile station or transmission rate.
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`This particular objective can be achieved, among other ways, by a radio communication apparatus
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`and transmission rate control method that switch the transmission rate of a transmission signal
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`based on reception quality information from the other end of communication, or according to the
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`environment of the other end of communication and transmit the signals at the switched
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`transmission rate. Among other applications, this control method can also be applied to the uplink
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`to reduce interference, and to achieve power saving or to navigate hardware restrictions. This can
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`be accomplished in various embodiments, some of which are further described in column 15, lines
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`1-8 of the ’676 Patent.
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`67. The use of mandatory portions of the WCDMA/HSPA standard infringes the ’676
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`Patent. For example, the 3GPP standard TS 25.214 requires use of Transmit Power Control
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`(“TPC”) command to control the transmit power of the user device. The value of TPC command
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`sent to a certain device is based on the comparison result of the estimated signal-to-interference
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`ratio (“SIR”) and the received uplink SIR on the frequency of the user device. Furthermore, the
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`3GPP standard requires the user device to select E-TFC to change the uplink transmission rate, as
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`specified in the 3GPP TS 25.319 standard. Additionally, the 3GPP standard TS 25.321 requires
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`use of the user device to determine the state of each E-TFC for every MAC-d flow based on its
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`required transmit power versus the maximum remaining power allowed.
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`68. Upon information and belief, Defendant’s mobile devices, phablets, tablets, and other
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`devices with WCDMA/HSPA capabilities use the mandatory portions of the WCDMA/HSPA
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`standard covered by the ’676 Patent, including but not limited to Claim 7.
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`69. Defendant has infringed, and is currently infringing, the ’676 Patent in violation of 35
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`U.S.C. § 271(a) by making, using, selling, offering for sale, and/or importing into the United
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`States, without authority, products, equipment, software, and/or services that practice one or more
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`claims of the ’676 Patent, including without limitation Defendant’s mobile devices, phablets,
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`tablets, and other devices with HSPA capabilities and comply with HSUPA portions of the
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`WCDMA/HSPA standards, including at least TS 25.214, TS 25.319, and/or TS 25.321. For
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`instance, these Defendant devices include, but are not limited to, the HTC 10 mobile phone and
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`equiv