Case 2·1 7-cv -00932··JLR Dccumem 5
`
`AO I;!O (Rev. ORIl O)
`
`Fil::.~ d 06i 19!:l.7 Pao e:, 'I cJ "
`
`I
`
`...
`
`.... _;l '- -'oh
`
`TO:
`
`Midi StOJl 8
`Din.-ctor of the U.S. Patt~nt and Tr;ldemar/{ Office
`P.O. Box 1450
`AJcxandria, VA 223B-1-l50
`
`REPORT ON THE
`FILl C OR DETERMINATION OF At\
`ACTION REGARDI NG A PATENT OR
`TRADEMARK
`
`.C ~ 2.90 and/or 15 USc. § 11/6 ~'o u are kr<:by adv ised 111m a court a, lion hils beeII
`W.O. Wasflington
`on the following
`
`[n Cornplia!H;<;": with .15 U
`:i lt;d in the U.s D sm Cl COllrt
`o Tra<iC: lna l~ 5 or
`1)OCKETt\'O.
`17-cv-932 JlR
`PLAJNTlFF
`
`I DATI: fi LED
`:
`6/9/2017
`
`U S, DISTR!CT COURT
`
`DEFENDAt<1
`
`WO. Washington
`
`Cy\lVee Group Ltd.
`
`HiC Corporation; and HTC America , Inc,
`
`PATENT OR
`TR ADEMARK NO,
`
`i 8441438
`
`2 8552978
`
`J
`
`~
`
`)
`
`I
`
`!
`
`I D,\TEOF PATENT
`I
`i
`!
`I
`--t
`I
`!
`
`OR TR ADF:Vl,\RK
`
`10/8/2013
`
`5/14/2013
`
`HOLDER OF PATEr,TT R TRADElvl<\.RK
`
`Cy\,r-.jee Group Ltd.
`
`CyWee Group Ltd.
`
`--------.- --
`
`----
`
`----
`
`---
`
`DA TE INC Lu DED
`
`PATENT OR
`TR ADEM AR K NO,
`
`fn he abo','e---enlitled case. the following patent\s)/ h·ademark. 5) ha',e been induded:
`! IN CU.;l) rm WI'
`i
`
`o Answer
`
`o Ot.her Plead ing
`o Cross Bill
`HOLDER 01" PA TE ~, T OR TRADEivi.lJli.:
`
`U Amemlnll.:l1(
`DAT [;: OF Pll.TENT
`OR TR AD[ZV1ARK
`
`I
`
`i
`:;
`--_. --_. _ .. __ .-4- -
`i
`~
`!
`!
`
`._-- .--. _. _. -_._-_._-_. _. --.- ._._. --_._. --_._._. _._-
`
`[n the aoo\e·
`
`.!H illed Ciise. the f0 l10Wl11g decis 'on has been rendered. or ,judgement issued
`
`DECfs rOl\'iJUDGEME l\'T
`
`CLERK
`
`William M. McCool
`
`(B't'i DEPUTY CLeRK
`
`Sherri lye
`
`DATE
`
`6/19/2017
`
`COP.' .1 ..... ('{IO" initiation of ac;tifJJ1. ;lIail this f0i'." to l)ircC'tor Copy ]. .... t(lon tl;n"ination of actioll. mail thb (,oPJ' to Hircdo):'"
`rOfl~2 -· .. t;llon filing document adding patellt(s] . mail thi, tOpy to I)irc('tor
`C(lp~ -,-.. .('ase file ("0)).'
`
`ZTE Exhibit 1009
`Page 1 of 209
`
`

`

`Case 1:17-cv-00780-GMS Document 3 Filed 06/16/17 Page 1 of 1 PagelD #: 119
`
`AO 120 (Rev. OSIIO)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Oftice
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF A~
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`.S.c. § 1116 YOLI are he reb . advised that a court action has been
`[n Compliance with 35 U.S.c. § 290 and/o r 15
`United States District Court, District of Delaware
`on the following
`filed in th e U.S. District COllit
`D rade mnrk s or
`
`DOC KET NO.
`
`PLAINTIFF
`
`DATE FILED
`6/16/2017
`
`U.S. DISTRICT COURT
`United States District Court, District of Delaware
`DEFEND ANT
`
`CYWEE GROUP LTD.
`
`MOTOROLA MOBILITY LLC
`
`PATENT OR
`TRADEMARK NO.
`
`DATEOFP. TE T
`OR TRADEM ARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 8,441,438B2
`
`:; 8,552.978B2
`
`5/14/2013
`
`10/8/2013
`
`CYWEE GROUP LTD.
`
`CYWEE GROUP LTD.
`
`.3
`
`4
`
`:)
`
`In the above--entitled case, the following patent(s)/ trademark s) have been included:
`
`DATEfNCLUDED
`
`p TENT OR
`TRADEMARK NO.
`
`INCLU DED BY
`
`D Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`o Answer
`0 Other Pleading
`HOLDER OF PATENT OR TRADEMARK
`
`D Cross Bill
`
`1
`
`:;
`
`.3
`
`4
`
`-"
`
`In the abo\'e- entitled case . the following deei 'ion has been rendered or juoge ment issued :
`
`DECISION/J UDGEMENT
`
`ICLERK
`
`I (BY) DEPUTY CLERK
`
`Copy I-Upon initiation of aclion, mail this cop)' to Director Copy 3-Upon termination of action. mail this copy' to Director
`Copy 2-Upon filing dOCtllllent adding ,patent(SI. mail thi~ copy to Director Copy 4-Case file copy
`
`ZTE Exhibit 1009
`Page 2 of 209
`
`

`

`Case 2:17-cv-00495-RWS-RSP Document 2 Filed 06/09/17 Page 1 of 1 PagelD #: 55
`
`AO 120 (Rev. 08110)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERtWINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.c. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`Eastem District of Texas
`filed in the U.S. District Court
`on the following
`D Trademarks or ~ Patents. (D the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`
`DATE FILED
`6/9/2017
`
`U.S. DISTRICT cmm.T
`Eastern District of Texas
`
`PLAINTIFF
`CYWEE GROUP LTD.
`
`DEFENDANf
`HUAWEI TECHNOLOGIES CO., LTD and
`HUAWEI DEVICE USA, INC.
`
`PATENTOR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 8,441,438
`
`28,552.978
`
`5/14/2013
`
`10/8/2013
`
`CyWee Group Limited
`
`CyWee Group Limited
`
`3
`
`4
`
`5
`
`In the above----entitled case, the following patent(s)l tradernark(s) have been included:
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATE1I.'TOR
`TRADEMARK NO.
`
`D Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`D Answer
`
`D Cross Bill
`
`D Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above--entitled case. the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`I (BY) DEPUTY CLERK
`
`Copy 1-Upon initiation of action, mail this copy to Director Copy 3-Upon termination of action, mail tbis copy to Diredor
`Copy 2-Upon filing document adding patent(s), mail tbis copy to Director Copy 4--Case file copy
`
`ZTE Exhibit 1009
`Page 3 of209
`
`

`

`Case 3:17 M cv~O l 102··BEN~RB8 Document 3 Filed OS/31! ~ 7 Pagel D.60 Pa.gc 1 of 1
`
`0:
`
`REPORT ON THE
`Mail Stop 8
`FILING OR DETERMINATION OF AN
`Director uf the U.S. Patent and Tradernark Office
`ACTION REGARDING A PATENT OR
`P.O. Box 1450
`'1
`:1-
`In Compliance with 35 USc. § 290 and/or 15 eSc. § 1116 you arc hereby advised that a court action ha
`heen filed in the U.S. District Court Southern District of California on the following: _X_ Patents or _
`Trademarks:
`
`DOCKET NO.
`
`DATE FILED
`
`S District Court Southern District of Califomia
`
`In the above-entitled case, the following patents(s)1 trademark(s) have been included:
`
`DATE (:'\lCLUDED
`
`INCLUDED BY
`
`In the abuve-entitled case, [he following decision has been rendered or judgment issued:
`
`IDECISION/.l DGMENT
`
`FY) DEPUTY CLERK
`
`ZTE Exhibit 1009
`Page 4 of209
`
`

`

`Case 3:17-cv-Ol102-GPC-RBB Document 3 Filed 05/31/17 PagelD.60 Page 1 of 1
`
`0:
`
`Mail Stop R
`Director of the C.S. Pat.ent and Trademark Offic.e
`P.O. Box 1450
`
`REPORT ON THE
`FIU1\G OR DETEAAliNATION OF Al"l
`ACTION REGAROll\G A PATENT OR
`
`In Compliance with 35 U.S.c. § 290 and/or 15 U.S.c. § 1116 you arc hereby advised thaI a court action h<u;
`been filed in the U.S . District Court Southern Disu'ict of California un the following : _X_Patents 01'_
`Trademarks:
`
`PATE FILED
`OCKET NO.
`I"""'-'....L...-><..L--"'-'-....,....~·-GPC - R B B hL 3l/J 1
`
`'S District Court sou~cm Di<'nCl OfcalifO~
`
`!J,G Electronics, I DC et al
`.
`PATENTOR
`TRADEMARK NO
`
`I :
`
`~------------------~,~.--------------~~------------------------------~
`lIo.
`In the above-entitled case, the following patents(s)/ trademark(s) have been included:
`
`ATEINCLCDED
`
`INCLUDED BY
`
`In the above-entitled case, the following decision has heen rendered or judgment issued :
`
`rBY) DEPUTY CLERK
`
`ZTE Exhibit 1009
`Page 5 of209
`
`

`

`"'" AO 120 (Rev. 2/99)
`
`TO: Mail Stop 8
`Director of the U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 § 290 and/or 15 U.S.c. § 1116 you are hereby advised that a court action has been
`..... Patents or 0 Trademarks:
`
`on the following
`
`filed in the U.S. District Court
`
`Northern District of California
`
`DOCKET NO.
`CV 14-01853 JSC
`PLAINTIFF
`CYWEE GROUP LTD
`
`DATE FILED
`4122114
`
`U.S. DISTRICT COURT
`450 Golden Gate Avenue P.O. Box 36060 San Francisco CA 94102
`DEFENDANT
`APPLE INC
`
`PATENTOR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`I
`
`see Complaint
`
`2 'Z~ 55,~, 97 g
`3 Sj 41..11) ~.J"t
`
`4
`
`5
`
`In the above--entitled case, the following patent(s) have been included:
`
`DATE INCLUDED
`
`PATENTOR
`TRADEMARK NO.
`
`INCLUDED BY
`
`o Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`o Answer
`
`o Other Pleading
`o Cross Bill
`HOLDER OF PATENT OR TRADEMARK
`
`I
`
`2
`
`3
`
`1
`
`4
`
`5
`
`In the above--entitled case, the following decision has been rendered or judgement issued:
`
`DECISIONIJUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Richard W. Wieking
`
`Sheila Rash
`
`April 23,2014
`
`Copy I-Upon initiation of action, mail this copy to Commissioner Copy 3-Upon termination of action, mail this copy to Commissioner
`Copy 2-Upon filing document adding patent(s), mail this copy t0eioomissioner Copy 4-Case file copy
`
`ZTE Exhibit 1009
`Page 6 of209
`
`

`

`~ AO 120 (Rev. 1/99)
`
`TO: Mail Stop 8
`Director of the V.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 ~ 290 and/or 15 U.S.c. § 1116 you are hereby advised thaI a coun action has bcen
`..... Patents or 0 Trademarks:
`filed in the U.S. Di,trict Court
`
`Northern District ofCalitomia
`
`on the following
`
`DOCKET NO.
`CY 14-01853 JSC
`PLAINTIFF
`CYWEE GROUP LTD
`
`DATE FILED
`4.122/ 14
`
`U.S. DISTRICT COURT
`450 Golden Gate Avenue. P.O. Rox 36060 San Francisco CA 94102
`DEFENDA~T
`APPLE INC
`
`PATENTOR
`TRADEMARK NO .
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`I
`
`sec Complaint
`
`2
`
`':5; 55~J 9 7~
`3 ~J <I<j/J '-13 't
`
`4
`
`5
`
`DATE INCLUDED
`
`In th~ above-entitled case. the following pateni(s) have been included:
`INCLUDED BY
`
`o Other Pleading
`o Answer
`o Cross Bill
`HOLDER OF PATENT OR TRADEMARK
`
`PATENT OR
`TRADEMARK NO.
`
`~ Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`I See Amended Camp aint
`
`2
`
`3
`
`4
`
`5
`
`In the abov~ntitled case, the following decision bas been rendered or judgement issued:
`
`DECISION/JUDGEME NT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Richard W. Wicking
`
`Sheila Rash
`
`April 23 . 2014
`
`Copy I-Upon initiatlon of action. mail this ropy to Commissioner Copy J-Upon termination of ilction. mail this copy to Commissioner
`Copy 2-trpon filing document adding patent(s), mail this copy to Commissioner Copy 4--Case file copy
`
`ZTE Exhibit 1009
`Page 7 of 209
`
`

`

`1 Jill F. Kopeikin (State Bar No. 160792)
`2 ValerieM. Wagner (State Bar No_ 173146)
`GCA LAW PARTNERS LLP
`3 2570 W. EI Camino Real, Suite 510
`Mountain View, CA 94040
`4 Telephone: (650) 428-3900
`5 Fax: (650) 428-3901
`6 jkopeikin@gcalaw.com
`vwagner@gcaJaw _com
`
`7
`8 Attomeys for Plainti ff
`CYWEE GROUP LTD.
`
`9
`
`10
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORi~IA
`
`11
`] 21 CY\VEE GROUP LTD.,
`Plaint~fJ,
`
`13
`14 APPLE INC. ,
`
`D(:fendant.
`
`15
`
`16
`
`17
`
`18
`
`CASE NO_ 3:14-CV-OIR53 JSC
`
`CYWEE ' S FIRST AMENDED
`COMPLAJNT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`PlaintifT CyWee Group Ltd. ("Plaintiff' or "CyWee") by and through its
`
`19
`20 undersigned counsel, files this First Amended Complaint against Defendant Apple,
`
`21
`
`Inc. ("Defendant" or "Apple) as follows:
`
`22
`23
`24 British Virgin Islands with a principal place of business at 3F, No.28, Lane J 28, ling
`
`THR PARTIES
`Cy'vVee Group Ltd_ is a corporation existing under the laws of the
`
`l.
`
`25 Ye 1st Road, Taipei, Taiwan 10462.
`
`2.
`
`Cy'vVee is a world leading technology company that focuses on building
`
`26
`27 products and services for consumers and husinesses_ Cy\Vee is widely known as
`
`28 having one of the most significant patent portfolios in the industry, and is considered
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEM ENT
`ASE NO. 3: 14-CV-01853 JSC
`
`ZTE Exhibit 1009
`Page 8of209
`
`

`

`1 a market leader .in its core development areas of motion processing, wireless high
`
`2 definition video delivery, and facial tracking technology.
`
`3
`
`3.
`
`Upon information and belief, Defendant Apple Inc. is a corporation
`
`4 organized under the laws of California, and its principal place of business is I
`
`Infinite Loop, Cupertino, California 95014. Apple's registered agent for service of
`5
`6 process is CT Corporation System, 818 West Seventh St. , 2110 Floor, Los Angeles,
`
`7 California 90017.
`
`8
`
`9
`
`JURISDICTION AND VENUE
`
`4.
`
`This action arises under the patent laws of the United States, 35 U.S .c.
`
`10 § I et seq., including 35 U.S.c. § 271, 281, 283, 284, and 285. This Coul1 has
`
`11 subject matter jurisdiction pursuant to 28 U .S.c. §§ 1331 and 133R(a).
`
`12
`
`5.
`
`This Court has personal jurisdiction over Defendant because Defendant
`
`13
`
`resides and has its primary place of business in Cupertino, California, within this
`
`14 District. This Court also has personal jurisdiction over Defendant because Defendant
`
`15 has purposefully and voluntarily availed itself of the privilege of doing business in
`
`16
`
`the United States, the State of California, and the Nor1hem District of California by
`
`17 continuously and systematically placing goods into the stream of commerce with the
`
`18 expectation that they will be purchased by consumers in the Northern District of
`
`19 California. Upon infonnation and belief, Defendant has committed acts of patent
`
`20
`
`infringement within the State of California and, more particularly, within the
`
`21 Northern District ofCalifomia.
`
`22
`
`6.
`
`Venue is proper in the Northern District of California pursuant to 28
`
`23 U.S.c. §§ 1391(b) and 1400(b), in that, Defendant resides in this District, has a
`
`24 regular and established place of business in this District, and has committed acts of
`
`25
`26
`
`27
`28
`
`infringement in this District.
`
`FIRST AME'JDED COMPLAIr\T FOR PAT NT I;.JFRINGEMFNT
`CASE NO.3: 14-CV-01853 JSC
`
`ZTE Exhibit 1009
`Page 9 of209
`
`

`

`1
`
`2
`
`INTRADISTRICT ASSIGNMENT
`
`7.
`
`This action is an intellectual property action subject to district-wide
`
`3 assignment.
`
`4
`
`5
`
`PATENT INFRINGElVIENT OF U.S. PATENT NO. 8,552,978
`
`8.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs
`
`6 1-7 as though fully set forth herein.
`
`7
`
`9.
`
`U.S. Patent No. 8,552,978 (the '978 Patent"), titled "3D Pointing
`
`8 Device and Method for Compensating Rotations of the 3D Pointing Device
`
`9 Thereof," was duly and legally issued by the United States Patent and Trademark
`
`10 Office on October 8, 2013 to Cywee Group Limited, as assignee of named inventors
`
`11 Zhou Ye, Chin-Lung Li, Shun-Nan Liou. A true and correct copy of the '978 Patent
`
`12
`
`13
`
`is attached hereto as Exhibit A.
`
`10. CyWee is the owner of all right, title, and interest in and to the '978
`
`14 Patent with full right to bring suit to enforce the patent, including the right to recover
`
`15 for past infringement damages.
`
`16
`
`11.
`
`Each and every claim of the '978 Patent is vaJid and enforceable and
`
`17 e~ch enjoys a statutory presumption of validity separate, apar1, and in addition to the
`
`18 statutory presumption of validity enjoyed by every other of its claims. 35 U .S.c. §
`
`19 282.
`
`20
`
`21
`
`22
`
`12. Apple has (It no time, either expressly or impliedly, been licensed under
`
`the '978 Patent.
`
`13 . The '978 Patent describes and claims, inter alia, 3D pointing devices
`
`23 and methods for compensating rotations of the 3D pointing device.
`
`24
`
`14. CyWee is informed and believes, and thereupon alleges, that Apple,
`
`25 without authorization or license, has been, and is currently directly or indirectly ·
`
`26
`
`infringing one or more claims of the '978 Patent in violation of 35 U .S.c. § 271,
`
`27
`
`28
`
`including as stated helow.
`
`fiRST AMfi'-.J[) !::D COMPLAINT FOR PATENT IN FRINGEMENT
`CASE "10. 3:14- V-OJ853 JSC
`
`2
`
`ZTE Exhibit 1009
`Page 10 of 209
`
`

`

`1
`
`15. CyWee is informed and believes, and thereupon alleges, that Apple has
`
`2 directly infringed, literally and/or under the doctrine of equivalents, and wi II
`
`3 continue to directly infringe each patent claim of the '978 Patent by making, using,
`
`4 selling, offering to sell, and/or importing into the United States products that
`
`5 embody or practice the apparatus and/or method covered by one or more claims of
`
`6
`
`the '978 Patent, including but not limited to the Defendant's iPhone 5s, iPad Air,
`
`7 and iPad mini (2nd generation) (collectively referred to as "Accused Products") .
`
`8
`
`9
`
`16. Apple has had knowledge of and notice of the '978 Patent and Apple's
`
`infringement of the '978 Patent since at least March 31, 2014, and through, the fiJ ing
`
`10 and service of this Complaint and despite this knowledge continues to infringe. On
`
`11 March 31,20\4, CyWee disclosed several patents, including the '978 Patent, in pre-
`
`12 suit licensing discussions with Apple. Apple's infringement of the '978 patent has
`
`13 been and continues to be willful and deliberate.
`
`14
`
`17. CyWee is informed and believes, and thereupon alleges, that Apple
`
`15 actively induces customers to infringe the '978 Patent in violation of 35 U.S.c. §
`
`16 271(b) by instructing and otherwise encouraging infringement and by providing
`
`17
`
`infringing mobile devices and 3D pointing technologies preinstalled in the Accused
`
`18 Products. For example, Apple provides application developers a Core Motion
`
`19 Framework Reference for Apple's iOS platform to enabJe end users to enable the
`
`20 Accused Products' hardware to detemline current position or motion associated with
`
`21
`
`the device. Consumers of the Accused Products then directly or jointly infringe the
`
`22
`
`'978 Patent.
`
`23
`
`18. Cy\Vee is informed and believes, and thereupon alleges, that Apple
`
`24 know.ingly offers to sell or sells within the United States or imports into the United
`
`25 States the Accused Products that contain infringing 3D pointing technologies
`
`26 preinstalled. The 3D pointing technologies are especially made or especially adapted
`
`27 for use in infringement of the '978 Patent. The Accused Products are not staple
`
`28
`
`FIRST AlylENOED COMPLAINT FOR PATLNT INFRINGEMENT
`CASE NO. 3: 14·CV-O 1);53 JSC
`
`ZTE Exhibit 1009
`Page 11 of 209
`
`

`

`1 articles or commodities of commerce suitable for substantial non-infringing use and
`
`2 constitute a material part of the invention claimed by the '978 Patent at least because
`
`3 Apple's 3D pointing technologies in the Accused Products work in conjunction with
`
`4 mobile applications in a manner that infringes the '978 Patent. Therefore, Apple is
`
`5 also contributing to the direct infringement of the '978 Patent by the users of these
`
`6 products.
`
`7
`
`19. Defendant's acts of infringement have caused and wil1 continue to
`
`8 cause substantial and in'eparable damage to CyWee,
`
`9
`
`20. As a result of the infringement of the '978 Patent by Defendant, CyWee
`
`10 has been damaged, CyWee is, therefore, entitled to such damages pursuant to 35
`
`11 U.S.c. § 284 in an amount that presently cannot be pled but that wiIJ be detennined
`
`12 at trial.
`
`13
`
`14
`
`PATENT INFRINGEl\1ENT OF U.S. PATENT NO. 8,441,438
`
`21.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs
`
`15 1-7 as though fully set forth herein.
`
`16
`
`22. U.S. Patent No. 8,441,438 (the
`
`'438 Patent"), titled "3D Pointing
`
`17 Device and Method for Compensating Movement Thereof," was duly and legally
`
`18
`
`issued by the United States Patent and Trademark Office on May 14,2013 to Cywee
`
`19 Group Limited, as assignee of named inventors Zhou Ye, Chin-Lung Li, Shun-Nan
`
`20 Liou. A true and correct copy of the '438 Patent is attached hereto as Exhibit B.
`
`21
`
`23. CyWee is the owner of all right, title, and interest in and to the '438
`
`22 Patent with full right to bring suit to enforce the patent, including the right to recover
`
`23
`
`for past infringement damages.
`
`24
`
`24.
`
`Each and every claim of the '438 Patent is valid and enforceable and
`
`25 each enjoys a statutory presumption of val idity separate, apart, and in addition to the
`
`26 statutory presumption of validity enjoyed by every other of its claims. 35 U.S.c. §
`
`27 282.
`
`28
`
`FIRST AMENOED COMPLAINT FOR PATE T INFRINGEME~T
`CASE NO. 3:14·CV-OI853 JSC
`
`4
`
`ZTE Exhibit 1009
`Page 12 of 209
`
`

`

`1
`
`2
`
`3
`
`25. Apple has at no time, either expressly or impliedly, been licensed under
`
`the '438 Patent.
`
`26.
`
`The '438 Patent describes and claims, inter alia, 3D pointing devices
`
`4 and methods for compensating movement.
`
`5
`
`27. CyWee is informed and believes, and thereupon alleges, that Apple,
`
`6 without authorization or license, has been, and is currently directly or indirectly
`
`7
`
`infl-inging one or more claims of the' 438 Patent in violation of 35 U.S .c. § 271,
`
`8
`
`9
`
`including as stated below.
`
`28. CyWee is informed and believes, and thereupon alleges, that Apple has
`
`10 directly infringed, literally and/or under the doctrine of equivalents, and will
`
`II continue to directly infringe each patent claim of the '438 Patent hy making, using,
`
`12 selling, offering to seU, and/or importing into the United States the Accu sed
`
`13 Products that embody or practice the apparatus and/or method covered by one or
`
`14 more claims of the '438 Patent, including but not limited to the Accused Products.
`
`15
`
`29. Apple has had knowledge of and notice of the '438 Patent and Apple's
`
`16
`
`infringement of the' 438 Patent since at least March 31, 2014, and through, the filing
`
`17 and service of this Complaint and despite this knowledge continues to infringe. On
`
`18 March 31,2014, CyWee disclosed several patents, including the '438 Patent, in pre-
`
`19 suit licensing discussions with Apple. Apple's infringement of the '438 patent has
`
`20 been and continues to be willful and deliberate.
`
`21
`
`30. CyWee is informed and believes, and thereupon alleges, that Apple
`
`22 actively induces customers to infringe the '438 Patent in violation of 3S U. S.c. §
`
`23 271 (b) by instructing and otherwise encouraging infringement and by providing
`
`24
`
`infringing mobile devices and 3D pointing technologies preinstalled in the Accused
`
`25 Products. For example, Apple provides application developers a Core Motion
`
`26 Framework Reference for Apple's iOS platfoml to enable end users to enable the
`
`27 Accused Products' hardware to detennine current position or motion associated with
`
`28
`
`fiRST AM ENDED COMPLAIt'T FO R. P.A.TEN"I" INFRI NGEME NT
`CASE NO. 3:14 :CV-01 853 JSC
`
`5
`
`ZTE Exhibit 1009
`Page 13 of 209
`
`

`

`1
`
`2
`
`3
`
`the device. Consumers of the Accused Products then directly or jointly infringe the
`
`'438 Patent.
`
`31. CyWee is informed and believes, and thereupon alleges, that Apple
`
`4 knowingly offers to sell or sells within the United States or imports into the United
`
`5 States the Accused Products that contain infringing 3D pointing technologies
`
`6 preinstalled. The 3D pointing technologies are especially made or especially adapted
`
`7 for use in infringement of the '438 Patent. The Accused Products are not staple
`
`8 articles or commodities of commerce suitable for substantial non-infringing use and
`9 constitute a material part of the invention claimed by the '438 Patent at least because
`
`10 Apple's 3D pointing technologies in the Accused Products work in conjunction with
`
`11 mobile applications in a manner that infringes the '438 Patent. Therefore, Apple is
`
`12 also contributing to the direct infringement of the' 438 Patent by the users of these
`
`13 products.
`
`14
`
`32. Defendant s acts of infringement have caused and will continue to
`
`15 cause substantial and irreparable damage to CyWee.
`
`16
`
`33. As a result of the infringement of the '438 Patent by Defendant, CyWee
`
`17 has been damaged. CyWee is, therefore, entitled to such damages pursuant to 35
`
`18 U.S.c. § 284 in an amount that presently caIU10t be pled but that will be determined
`
`19 attrial.
`20
`
`PRA YER FOR RE.LIEF
`
`21
`
`22
`23
`
`24
`
`25
`26
`
`27
`28
`
`WHEREFORE, Plaintiff prays for entry of judgment against Defendant as
`
`follows :
`
`A.
`
`A judgment that Defendant has infringed and continues to infringe the
`
`'978 Patent and '438 Patent, directly andlor indirectly by way of
`
`inducing or contributing to infringement of such patents as alleged
`
`herein;
`
`rtRST AMENDED COMPLAINT FOR PATE T INFRINGEME, T
`CASE t-io. J 14·CV-OJ853 JSC
`
`6
`
`ZTE Exhibit 1009
`Page 14 of 209
`
`

`

`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`]4
`
`15
`
`16
`
`17
`]8
`
`19
`20
`
`21
`
`22
`23
`24
`
`25
`
`26
`
`27
`
`28
`
`B.
`
`That Defendant provide to CyWee an accounting of all gains, profits
`
`and advantages derived by Defendant's infringement of the '978 Patent
`
`and '438 Patent, and that CyWee be awarded damages adequate to
`
`compensate
`
`them
`
`for
`
`the wrongful
`
`infringement by Defendant,
`
`including treble dalnages for willful infringement, in accordance with
`
`35 U.S.c. § 284;
`
`c.
`
`D.
`
`That CyWee be awarded any other supplemental damages and interest
`
`on all damages, including, but not limited to attorney fees availahle
`
`under 35 U.S.c. § 285;
`
`That the Court pennanently enjoin Defendant and all those in privity
`
`with Defendant from making, having made, selling, offering for sale,
`
`distributing and/or using products that inflinge the '978 Patent and
`
`'438, including the Accused Products, in the United States; and
`
`E.
`
`That CyWee be awarded such other and further relief and all remedies
`
`available at law.
`
`DEMAND FOR JURY TRIAL
`
`Pursuant to Federal Rule of Civil Procedure 38(b), CyWee hereby demands a
`
`trial by jury on all issues triable to a jury.
`
`Dated: May 9, 2014
`
`Respectfully submitted,
`
`lsi Jill F. Kopeikin
`
`Jill F. Kopeikin (State Bar No. 160792)
`j kopeikin@ gcalaw.com
`GCA LAW PARTNERS LLP
`2570 W. EI Camino Real, Suite 510
`Mountain View, CA 94040
`Telephone: (650) 428-3900
`Fax: (650) 428-3901
`
`FIRST AMENDED COMPLAINT FOR PATENT INfRINGEMENT
`CASE NO. 3: 14·CV·OJ853 JSC
`
`7
`
`ZTE Exhibit 1009
`Page 15 of 209
`
`

`

`Case3:14-cv-01853-JSC Document17 Filed05/13/14 Pagel of 1
`
`"'" AO 120 (Rev. 2199)
`
`TO: Mail Stop 8
`Director of the U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 § 290 and/or 15 U.S.C. § I! 16 you are hereby advised thai a COllrl action has been
`V' Patents or 0 Trademarks:
`~orlhem District o/Talifom,a
`
`on the following
`
`filed in lhe U.S. District Court
`
`DOCKET NO.
`CV 14-01853 JSC
`PLAINTIFF
`CYWEE GROUP LTD
`
`DATE FILED
`
`4f22il4
`
`U.S. DISTRlCT COURT
`450 Golden Gate Avenue P.O. Box 36060 San Francisco CA 94102
`DEFEl'.'DANT
`APPLE INC
`
`PATENTOR
`TRADEMARK. ~O.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK.
`
`I
`
`see Complaint
`
`23J55(~ 9"7f
`38~ 441J tt3 ~
`
`4
`
`5
`
`In the above
`
`'ntitled case, the following patenl(s) have been included:
`
`DATE INCLUDED
`
`PATENTOR
`TRADEMARK NO.
`
`INCLUDCDBY
`
`~ Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`o An;;wer
`
`o Cross Bill
`
`o Other Pleading
`
`HOLOER OF PATENT OR TRADEMARK
`
`I Se e Amen de d Comp aint
`
`2
`
`3
`
`4
`
`5
`
`In the abov,->-e nrilled case, the following decision has been rendered or judgement issued:
`
`DECISIONiJUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Richard W. Wicking
`
`Sheila Rash
`
`April 23, 2014
`
`Copy I-Upon initiation of aclion, ns3.il this copy (0 Consmissioner Copy 3-Upon terminafion of action, mail this copy to Commisslontr
`Copy 2-Upon flling document lidding palent(s), mail chis copy to Commissioner Copy 4---Case file copy
`
`ZTE Exhibit 1009
`Pa e 16 0(209
`
`

`

`~"'''''''''''"D~
`
`f>.~'. 6 . UNITED STATES PATENT AND TRADElv1ARK OFfICE
`~
`7
`•
`,
`~.,.~ ~
`
`~
`
`'-"""",,,,,~
`
`UNITIiU STA TF - DEL' '\ RTl\1EJII . OF (,O!'v[MER CE
`Unil(:d Slates P,lI cnt a nd Tr:ldcma rk OlTi<'c
`A<kh..u: CU/vlJ\.IISSIUN " ~ O l{ l'A l l:i1\ 'S
`P. O BQ' I"j(l
`At e_~ a.t l~'a, \'lJgUJI :12~.HJ . 1
`W\\ W'J$fJ'-°i°\-'
`
`.50
`
`APPLi ('ATI01\" 1\"0.
`
`L3/1 76. 77 1
`
`ISSUE DATE
`
`10lOR/20U
`
`7 90
`
`66749
`DINGYU TAN
`22114 LEGEN DRE RD
`RICHMO 0, TX i7407
`
`R55 297R
`
`()..la-I ~ -OO52. n.] S
`
`5154
`
`The projected patent number and issue date are specified above.
`
`ISSLIE NOTlFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.c. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Tenn Adjustment is 144 day(s). Any patent to issue from the above-identified application will
`include an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.usrto.gov).
`
`Any questions regarding the Patent Tenn Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLlCANT(s) (P ICilSC ~ee PATR VlFR site http://pair.uspto.gov for additional applic ants):
`
`ZhOll Ye, Foster City. CA;
`Chin-Lung Li. TnoYlInll County, TAIWAN;
`S11l1l1-NlliI Lioll, Kaohsiung City, 1'AIW AN;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for busine. s investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture guuds here. Through SelectUSA, our nation
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
`
`[RI 03 (Rev. 10!09j
`
`ZTE Exhibit 1009
`Page 17 of 209
`
`

`

`PART B - FEE(S) TRANSMITTAL
`Complete and send this form, together with applicable fec(s), to: Mni!. Mail Stop': ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`(571)-273-2885
`INSTRUCTIONS: This fonn should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks I Ihfough 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and lor (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`or }'ax
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block l for;my change ofaddr"".)
`
`7590
`66749
`DINGYUTAN
`22114 LEGENDRE RD
`RICHMOND, TX 77407
`
`06/2512013
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Feees) Transmittal. This certiftcate cannot be used for any other accompanying
`papers. Each additional paper, such as an assisnment or formal drawing, must
`have its own celtificate Of mailing or transmission.
`
`Certificate of Mailing or Transmission
`I hereby certify that this Peels) Transmittal is being depositcd with the United
`States PostaL Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`""~·-)I
`
`(Sigmuure)
`
`(D.t_)
`
`APPLICATION NO.
`
`F1LINGDATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/176,771
`
`07/06/2011
`
`Zhou Ye
`
`040· I 3-0052.IUS
`
`5154
`
`l'ITLI:l OJ:llNVI:lNTlON: 3D POINTING DI:lVICEAND METHOD FOR COMPENSATING ROTATIONS OF TIIE 3D POINTING DEVICE THEREOF
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`SMALL
`
`$890
`
`$300
`
`$0
`
`$1190
`
`09/2512013
`
`EXAMINER
`
`SADIO, INSA
`
`ARTTJNTT
`
`CT .ASS·SUBCLASS
`
`2692
`
`345-157000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`~FR 1.363).
`
`o Change of correspondence address (or Change of Correspondence
`o "Fee Address" indication (or "Fee Address" Indication form
`
`Address form PTO/SBI122) att3ch~~.
`
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is reqnired.
`
`2. For printing on the patent front page, list
`(1) the names of up to 3 registered patent attorneys
`or agents OR, aLternatively,
`(2) the name of a single fIrm (having as a member a
`regislered alluIDey or agent) and [be nwnes of up Lo
`2 registered patent attorneys or agents. If no name is
`listed, no name wiU be printed.
`
`2 ______________________ __
`
`3 ______________________ ~
`
`~. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE N01E: Unless an assignee is identified below. no assignee data will appear on the patent. If a