Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 1 of 71 Page ID #:1
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`QUINN EMANUEL URQUHART & SULLIVAN, LLP
` James R. Asperger (Bar No. 83188)
` jamesasperger@quinnemanuel.com
` 865 S. Figueroa St., 10th Floor
` Los Angeles, CA 90017
` Telephone: (213) 443-3000
` Facsimile: (213) 443-3100
`
` Kevin P.B. Johnson (Bar No. 177129)
` kevinjohnson@quinnemanuel.com
` Victoria F. Maroulis (Bar No. 202603)
` victoriamaroulis@quinnemanuel.com
` 555 Twin Dolphin Drive, 5th Floor
` Redwood Shores, CA 94065
` Telephone: (650) 801-5000
` Facsimile: (650) 801-5100
`
`BLACKBERRY CORPORATION
` Edward R. McGah, Jr (SBN 97719)
` Vice President, Deputy General Counsel – Litigation
` 41 Ticknor Place
` Laguna Niguel, California 92677
` Telephone: (+1) 650-581-4750
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`Attorneys for BlackBerry Limited
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE CENTRAL DISTRICT OF CALIFORNIA
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`BLACKBERRY LIMITED, a
`Canadian corporation,
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`SNAP INC., a Delaware corporation
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`Plaintiff,
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`v.
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`Defendant.
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`CASE NO. 2:18-cv-02693
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`JURY TRIAL DEMANDED
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`Case No. 2:18-cv-02693
`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0001
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`

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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 2 of 71 Page ID #:2
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff BlackBerry Limited (“BlackBerry” or “Plaintiff”) hereby asserts the
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`following claims for patent infringement against Defendant Snap Inc. (“Snap” or
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`“Defendant”), and alleges as follows:
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`SUMMARY
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`1.
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`BlackBerry Pioneers Mobile Messaging - BlackBerry has been a
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`leading innovator in the field of mobile communications for the past 30 years,
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`having invested substantial sums into research and development of communications
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`technologies. BlackBerry’s innovations led to the commercialization of some of the
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`earliest models of smartphones in the United States, enabling its users to, among
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`other things, send and receive e-mails securely and surf the internet anytime and
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`anywhere. These same innovations prompted the rise of the smartphone as a
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`necessary everyday accessory for businesspersons and ordinary consumers alike.
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`2.
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`One example of BlackBerry’s innovations is the BlackBerry Messenger
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`technology, which revolutionized instant messaging by providing users with secure,
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`user-friendly, point-to-point instant messaging on their mobile devices. In many
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`respects, through BlackBerry Messenger and other research and development,
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`BlackBerry helped pioneer modern mobile messaging—secure, instant and user
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`friendly on a mobile device. The appeal and success of BlackBerry Messenger led
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`consumers to consider instant messaging functionality as an integral aspect of
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`mobile communications, resulting today in billions of people worldwide engaging in
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`instant messaging over their mobile device.
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`3.
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`As an innovator, BlackBerry took many steps to safeguard this valuable
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`intellectual property. It received numerous patents protecting the cutting-edge
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`features of its mobile phones, BlackBerry Messenger, and other communications
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`applications that make such products secure, easy-to-use, and ultimately engaging to
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`the end-user, thereby driving user growth and retention.
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`Case No. 2:18-cv-02693
`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0002
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 3 of 71 Page ID #:3
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`4.
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`Defendant has used BlackBerry’s intellectual property to compete with
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`it in the mobile messaging space. A summary of Snap’s infringing activities is
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`presented below:
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`BlackBerry’s Innovations
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`Snap
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`Case No. 2:18-cv-02693
`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0003
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 4 of 71 Page ID #:4
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`5.
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`The Patents-in-Suit cover, for example:
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`(a) Map Improvements For Mobile Devices—improved mapping techniques
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`to establish and maintain real time activity location information and provide
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`Case No. 2:18-cv-02693
`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0004
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 5 of 71 Page ID #:5
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`sufficient indication for user adoption;
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`(b) User Interface Improvements For Mobile Devices—including (i)
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`improvements in message notification techniques that streamline and
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`optimize reception of new message notifications, and (ii) display of
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`timestamps in a messaging user interface that provides users with appropriate
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`temporal context for their communications without overtaking the user’s
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`screen with unnecessary information; and
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`(c) Modern Mobile Advertising Techniques—methods for integrating
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`advertising on mobile devices using different static and dynamic advertising
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`content as well as time sensitive advertising.
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`6.
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`Defendant’s Use of BlackBerry’s Mobile Messaging Innovations
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`Harms BlackBerry and Provides Undeserved Windfall to Snap—Defendant’s use
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`of BlackBerry’s inventions and infringement of the Patents-in-Suit have succeeded
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`in diverting consumers away from BlackBerry’s products and services and toward
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`those of Defendant. This infringement has resulted in a substantial and undeserved
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`windfall for Defendant as these users drive Defendant’s revenue. Defendant’s gain
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`comes at BlackBerry’s expense, depriving BlackBerry of revenue to which it is
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`entitled as a result of its inventions.
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`7.
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`BlackBerry attempted to resolve this dispute without resorting to
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`litigation. It has been communicating with Defendant for over a year regarding its
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`patent portfolio, including various letters, calls and an in person meeting. Through
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`this suit, BlackBerry seeks redress for the harm caused by Defendant’s unlawful use
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`of BlackBerry’s intellectual property.
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`INTRODUCTION TO BLACKBERRY
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`8.
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`For more than 30 years, BlackBerry has been a leading innovator in the
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`mobile
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`communications
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`industry. BlackBerry’s
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`cutting-edge wireless
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`communication products and services have transformed the way people around the
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`world connect, converse, and share digital information.
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`Case No. 2:18-cv-02693
`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0005
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 6 of 71 Page ID #:6
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`9.
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`BlackBerry was founded in 1984 in Waterloo, Ontario by two
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`engineering students, Mike Lazaridis and Douglas Fregin. In its early years, the
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`company—then named Research In Motion (“RIM”)—focused its inventive
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`energies on wireless data transmission.
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`10. From its modest beginnings more than 30 years ago, BlackBerry has
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`gone on to offer a portfolio of award-winning products, services, and embedded
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`technologies to tens of millions of individual consumers and organizations around
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`the world, including governments, and educational institutions. By transforming the
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`way people communicate, BlackBerry laid a foundation for today’s multibillion-
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`dollar modern smartphone
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`industry.
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` BlackBerry’s
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`innovations
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`in mobile
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`communications continue to this day through BlackBerry’s award-winning software
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`platform and devices, which enable and manage security, mobility, and
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`communications between and among hardware, programs, mobile applications, and
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`the Internet of Things (IoT).
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`11.
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`In
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`the
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`course of developing
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`its ground-breaking mobile
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`communications systems, BlackBerry (and the BlackBerry family of companies) has
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`invented a broad array of new technologies that cover everything from enhanced
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`security and cryptographic techniques, to mobile device user interfaces, interactive
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`digital maps, instant messaging functionality, communication servers, and many
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`other areas. To take just one example, security posed a critical challenge for
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`BlackBerry to address when bringing its mobile devices to market. Commercial
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`acceptance of such mobile devices required providing mechanisms to ensure safe
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`and secure communications so that users and businesses could be confident that
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`their confidential and private information stayed that way in spite of ever increasing
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`threats. Due to its innovative technologies, BlackBerry has been universally
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`recognized as the gold standard when it comes to safe and secure data
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`communications over mobile devices.
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`Case No. 2:18-cv-02693
`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0006
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 7 of 71 Page ID #:7
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`12. Throughout its history, BlackBerry has demonstrated a commitment to
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`innovation, including through its investments in research and development, which
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`have totaled more than $5.5 billion over the past decade. BlackBerry has protected
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`the technical innovations resulting from these investments, including through
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`seeking patent protection, and as detailed below, BlackBerry owns rights to an array
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`of patented technologies in the United States.
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`13. BlackBerry owns United States Patent Nos. 8,825,084, 8,326,327,
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`8,301,713, 8,209,634, 8,296,351, and 8,676,929 (collectively, the “Patents-in-Suit”).
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`Defendant infringes the BlackBerry Patents-in-Suit by using, without authorization,
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`BlackBerry’s proprietary technology in their commercial products and services,
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`including the Snapchat application, which Defendant markets, offers and distributes
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`to users of mobile and other devices throughout the United States, including in this
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`District.
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`14. By this action, BlackBerry seeks to put an end to Defendant’s
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`unauthorized use of BlackBerry’s patented technologies and to obtain compensation
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`for the harm BlackBerry has suffered.
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`NATURE OF THE ACTION
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`15. This is a civil action for patent infringement under the patent laws of
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`the United States, 35 U.S.C. § 1 et seq.
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`16. Defendant has infringed and continues to infringe, and has induced
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`and/or contributed to, and continues to induce and/or contribute to infringement of,
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`one or more claims of BlackBerry’s Patents-in-Suit at least by making, using,
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`selling, and/or offering to sell its Snapchat application for mobile and other devices
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`in the United States, including in this District.
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`17. BlackBerry is the legal owner by assignment of the Patents-in-Suit,
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`which were duly and legally issued by the United States Patent and Trademark
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`Office (“USPTO”). BlackBerry seeks injunctive relief and monetary damages.
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`Case No. 2:18-cv-02693
`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0007
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 8 of 71 Page ID #:8
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`THE PARTIES
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`18. Plaintiff BlackBerry Limited is a Canadian company with its principal
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`place of business at 2200 University Avenue East, Waterloo, Ontario, Canada N2K
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`0A7. BlackBerry Limited is the owner of intellectual property rights at issue in this
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`action.
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`19. On information and belief, Defendant Snap Inc. is a Delaware
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`corporation with a principal place of business at 63 Market Street, Venice, CA
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`90291. On information and belief, Snap maintains offices in Los Angeles,
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`California, operates and owns the websites located at www.snap.com and
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`www.snapchat.com, and markets, offers, and distributes the Snapchat application
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`throughout the United States, including in this District.
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`20. Upon information and belief, Defendant directly and/or indirectly
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`develops, designs, manufactures, distributes, markets, offers to sell and/or sells
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`infringing products and services in the United States, including in the Central
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`District of California, and otherwise purposefully directs infringing activities to this
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`District in connection with the Snapchat application.
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`JURISDICTION AND VENUE
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`21. This is a civil action for patent infringement arising under the patent
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`laws of the United States, 35 U.S.C. § 1 et seq.
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`22. This Court has subject matter jurisdiction over the matters asserted
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`herein under 28 U.S.C. §§ 1331 and 1338(a) and 35 U.S.C. §§ 271 et seq.
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`23. This Court has personal jurisdiction over Defendant, in part because
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`Defendant does continuous and systematic business in this District, including by
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`providing infringing products and services to the residents of the Central District of
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`California that Defendant knew would be used within this District, and by soliciting
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`business from the residents of the Central District of California. For example,
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`Defendant is subject to personal jurisdiction in this Court because, inter alia, and
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`upon information and belief, Defendant has a regular and established place of
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`Case No. 2:18-cv-02693
`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0008
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 9 of 71 Page ID #:9
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`business at its offices in the Central District of California, including the numerous
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`properties and its headquarters in Venice and about 300,000 square feet of office
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`space in Santa Monica,1 and elsewhere in the State of California, and directly and
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`through agents regularly does, solicits and transacts business in the Central District
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`of California and elsewhere in the State of California, including through its
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`Snapchat application, which is marketed, offered, and distributed to and utilized by
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`users of mobile devices in this District and throughout the State of California.
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`24.
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`In particular, Defendant has committed and continues to commit acts of
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`infringement in violation of 35 U.S.C. § 271, and has made, used, marketed,
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`distributed, offered for sale, sold, and/or imported infringing products in the State of
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`California, including in this District, and engaged in infringing conduct within and
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`directed at or from this District. For example, Defendant has purposefully and
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`voluntarily placed the Snapchat application into the stream of commerce with the
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`expectation that this infringing product will be used in this District. The infringing
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`Snapchat application has been and continues to be distributed to and used in this
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`District. Defendant’s acts cause injury to BlackBerry, including within this District.
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`25. Venue is proper in this District under the provisions of 28 U.S.C.
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`§§ 1391 and 1400(b) at least because a substantial part of the events or omissions
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`giving rise to the claims occurred in this judicial district, and because Defendant has
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`committed acts of infringement in this District and has a regular and established
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`place of business in this District. In particular, on information and belief, Defendant
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`1 See https://investor.snap.com/company-profile; https://www.snap.com/en-
`US/news/page/2/ (“We have one HQ, in Venice, and many offices throughout the
`world.”); http://www.latimes.com/business/technology/la-fi-tn-snapchat-santa-
`monica-20170106-story.html.
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`Case No. 2:18-cv-02693
`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0009
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 10 of 71 Page ID #:10
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`has a regular and established place of business at 63 Market Street, Venice, CA
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`90291.2
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`FACTS COMMON TO ALL CLAIMS
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`BlackBerry’s Innovation and Industry Recognition
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`26. BlackBerry is a global leader in the mobile communications industry.
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`Through its significant investment in research and development over the past 30
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`years, BlackBerry has developed innovative, cutting-edge technologies that have
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`changed the face of telecommunications. In particular, BlackBerry has developed
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`key innovations in the way mobile devices and communications software interact
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`with and receive input from users. BlackBerry’s innovations in messaging and UI
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`development improved the speed and accuracy with which users could perform
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`various tasks on their mobile devices.
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`27.
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`In the late 1990s, BlackBerry began to release a series of game-
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`changing handheld mobile devices that enabled users to send and receive email and
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`messages on the go, without needing to be tethered to a modem or a desktop
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`computer. The innovative nature of the 1998 RIM 950 Wireless Handheld, for
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`example, was instantly recognized, garnering both an Editor’s Choice Award from
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`CNET and Andrew Seybold’s Outlook Award. In particular, the press praised the
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`RIM 950’s keyboard for its advanced ergonomic features, including an easy-to-type-
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`on keyboard layout despite the device’s miniature size.
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`28.
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`In 2002, BlackBerry released the BlackBerry 6710 and 6720 – the first
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`BlackBerry devices capable of both sending emails and making phone calls, and
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`some of the earliest smartphones released in the United States. The next year,
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`BlackBerry introduced smartphone models that added built-in audio hardware and
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`color screens. Since those early smartphones, BlackBerry has continued to offer
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`2 See https://investor.snap.com/company-profile; https://www.snap.com/en-
`US/news/page/2/ (“We have one HQ, in Venice, and many offices throughout the
`world.”).
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`-10-
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`Case No. 2:18-cv-02693
`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0010
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 11 of 71 Page ID #:11
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`handheld wireless products incorporating its proprietary technologies in security,
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`communications, mobile device user interfaces, and other areas.
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`29.
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`In 2005, BlackBerry introduced the innovative BlackBerry Messenger
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`(or “BBM”) application, which revolutionized the concept of instant messaging.
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`BBM provided the first form of point-to-point communications that was instant,
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`cross-carrier, and mobile. The developers of BBM further incorporated a well-
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`designed graphical user interface and other innovative features not utilized by
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`messaging platforms at that time. For example, BBM has been credited as the first
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`messaging platform to enable status updates showing when messages were
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`Delivered and Read by users, which created a pioneering sense of real-time presence
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`that is now standard in many instant messaging applications. Additionally, BBM’s
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`unique platform has allowed users to communicate even when traditional forms of
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`cell communication were incapacitated, such as during the Chilean earthquake in
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`30. Over the years, BlackBerry continued to develop and improve
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`successive versions of BBM by introducing features such as GPS positioning and
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`digital maps, connected applications, voice chat, private chat, and many other
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`features. As a result, BBM has been widely downloaded and is popular among users
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`of all platforms, including Android and iOS. Indeed, more than 5 million people
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`downloaded BBM within 8 hours of the release of its Android and iOS versions in
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`October 2013. By March 4, 2015, the Android version of BBM had reached 100
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`million Google Play installs. BBM also enjoys strong user loyalty, with studies
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`finding that 82% of BBM’s Android users continue using the application 90 days
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`after installation.
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`3 See, e.g., https://www.cio.com/article/2420175/blackberry-phone/blackberry-
`messenger--bbm--keeps-chilean-quake-affected-connected.html;
`http://www.nytimes.com/2001/09/20/technology/the-right-connections-the-simple-
`blackberry-allowed-contact-when-phones-failed.html.
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`31. Each successive iteration of BlackBerry’s wireless devices and
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`technologies have received significant unsolicited coverage in the media. For
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`example, GSMA—the largest and most well-known association of mobile
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`operators—recognized BlackBerry and
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`its communication
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`technologies as
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`“chang[ing] the face of corporate communication.” Thomson Reuters named
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`BlackBerry one of the World’s Top 100 Most Innovative Organizations, based
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`largely on the number of “important patents” owned by BlackBerry. In 2015,
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`Forrester Research crowned BlackBerry as a “leader in mobile management” based
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`on BlackBerry’s focus in security software and mobile solutions.
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`32. BlackBerry’s handheld devices and communications technologies have
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`garnered widespread industry acclaim for both their unique design and their
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`performance. For example, BlackBerry mobile devices have garnered dozens of
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`industry awards, including the GSMA Chairman’s Award, InfoWorld Magazine’s
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`Product of the Year Award, PC World’s World Class Award, the Network Industry
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`Award for Best New Mobile Communications Product, the BusinessWeek Best
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`Product of the Year Award, Digit Magazine’s “World’s Best Mobile OS” Award,
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`Security Products “Govies” Government Security Award, and PC Magazine’s Best
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`Products of the Year Award. BBM in particular has been recognized for its
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`innovations in mobile messaging, being awarded “Superstar” distinction from the
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`2014 Mobile Star Awards in the Mobile Messaging or Email category, the Indonesia
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`Golden Ring Award for Best Mobile Social Media, and the ICA 2014 Award for
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`22
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`Best Mobile Chat App.
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`33. BlackBerry’s more recent innovations have garnered similar industry
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`acclaim. For example, in 2015 BlackBerry’s Passport was awarded the prestigious
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`Red Dot “Best of the Best” award for innovative product design (from thousands of
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`total entries); BlackBerry and BBM were recognized with the Mobile Marketing
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`Association’s “Smartie” Award for 2015 Publisher/Media Company of the Year in
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 13 of 71 Page ID #:13
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`Mobile; and BlackBerry’s PRIV was awarded the Red Dot “Design Award” for best
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`product design in 2016.
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`BlackBerry’s Patents
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`34. U.S. Patent No. 8,825,084 (“’084 Patent”) is entitled “System and
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`method for determining action spot locations relative to the location of a mobile
`
`device,” and was issued on September 2, 2014. A true and correct copy of the ’084
`
`Patent is attached as Exhibit A.
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`35. The ’084 Patent was filed on October 9, 2012 as U.S. Patent
`
`Application No. 13/648,167 as a continuation of application No. 12/870,676 filed on
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`Aug. 27, 2010, which issued as U.S. Patent No. 8,326,327.
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`36. BlackBerry Limited is the owner of all rights, title, and interest in and
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`to the ’084 Patent, with the full and exclusive right to bring suit to enforce the ’084
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`Patent, including the right to recover for past infringement.
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`37. The ’084 Patent is valid and enforceable under United States Patent
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`Laws.
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`38. U.S. Patent No. 8,326,327 (“’327 Patent”) is entitled “System and
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`method for determining action spot locations relative to the location of a mobile
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`device,” and was issued on December 4, 2012. A true and correct copy of the ’327
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`Patent is attached as Exhibit B.
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`39. The ’327 Patent was filed on August 27, 2010 as U.S. Patent
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`Application No. 12/870,676.
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`40. BlackBerry Limited is the owner of all rights, title, and interest in and
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`to the ’327 Patent, with the full and exclusive right to bring suit to enforce the ’327
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`Patent, including the right to recover for past infringement.
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`41. The ’327 Patent is valid and enforceable under United States Patent
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`26
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`Laws.
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`42. U.S. Patent No. 8,301,713 (“’713 Patent”) is entitled “Handheld
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`electronic device and associated method providing time data in a messaging
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 14 of 71 Page ID #:14
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`environment,” and was issued on Oct. 30, 2012. A true and correct copy of the ’713
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`Patent is attached as Exhibit C.
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`43. The ’713 Patent was filed on May 19, 2011 as U.S. Patent Application
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`No. 13/111,675, claims priority to U.S. Provisional Application No. 60/504,379
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`filed on Sep. 19, 2003, and is a continuation of U.S. Patent Application No.
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`10/944,925 filed Sep. 20, 2004, which issued as U.S. Patent No. 7,970,849.
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`44. BlackBerry Limited is the owner of all rights, title, and interest in and
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`to the ’713 Patent, with the full and exclusive right to bring suit to enforce the ’713
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`Patent, including the right to recover for past infringement.
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`45. The ’713 Patent is valid and enforceable under United States Patent
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`Laws.
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`46. U.S. Patent No. 8,209,634 (“’634 Patent”) is entitled “Previewing a
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`new event on a small screen device,” and was issued on Jun. 26, 2012. A true and
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`correct copy of the ’634 Patent is attached as Exhibit D.
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`47. The ’634 Patent was filed on Feb. 24, 2004 as U.S. Patent Application
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`No. 10/784,781 and claims priority to U.S. Provisional Appl. No. 60/525,958 filed
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`Dec. 1, 2003.
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`48. BlackBerry Limited is the owner of all rights, title, and interest in and
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`to the ’634 Patent, with the full and exclusive right to bring suit to enforce the ’634
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`Patent, including the right to recover for past infringement.
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`49. The ’634 Patent is valid and enforceable under United States Patent
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`22
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`Laws.
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`50. U.S. Patent No. 8,296,351 (“’351 Patent”) is entitled “System and
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`method for pushing information to a mobile device,” and was issued on October 23,
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`2012. A true and correct copy of the ’351 Patent is attached as Exhibit E.
`
`51. The ’351 Patent was filed on March 18, 2010 as U.S. Patent
`
`Application No. 12/726,405 and claims priority to, inter alia, U.S. Provisional Appl.
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`No. 60/307,265 filed July 23, 2001.
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 15 of 71 Page ID #:15
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`52. BlackBerry Limited is the owner of all rights, title, and interest in and
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`to the ’351 Patent, with the full and exclusive right to bring suit to enforce the ’351
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`Patent, including the right to recover for past infringement.
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`53. The ’351 Patent is valid and enforceable under United States Patent
`
`Laws.
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`54. U.S. Patent No. 8,676,929 (“’929 Patent”) is entitled “System and
`
`method for pushing information to a mobile device,” and was issued on March 18,
`
`2014. A true and correct copy of the ’929 Patent is attached as Exhibit F.
`
`55. The ’929 Patent was filed on September 13, 2012 as U.S. Patent
`
`Application No. 13/614,884 and claims priority to, inter alia, U.S. Provisional Appl.
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`No. 60/307,265 filed July 23, 2001.
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`56. BlackBerry Limited is the owner of all rights, title, and interest in and
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`to the ’929 Patent, with the full and exclusive right to bring suit to enforce the ’929
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`Patent, including the right to recover for past infringement.
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`57. The ’929 Patent is valid and enforceable under United States Patent
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`Defendant’s Use of BlackBerry’s Patented Technologies
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`58. On information and belief, Defendant released the Snapchat application
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`in September, 2011, more than six years after BlackBerry’s release of BlackBerry
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`Messenger (“BBM”).4
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`59. By the time Defendant released the first (and simplest) version of its
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`messaging app, BlackBerry had already invented most of the technologically
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`innovative messaging application functionalities at issue in this action. Indeed,
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`some of these innovations were already being utilized by users of BlackBerry’s
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`smartphones, which represented more than half of the U.S. market in 2009 and came
`
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`4 See, e.g., https://www.forbes.com/sites/jjcolao/2012/11/27/snapchat-the-biggest-
`no-revenue-mobile-app-since-instagram/#11e04b967200
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 16 of 71 Page ID #:16
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`with BBM installed.5 Industry commentators at the time noted the success of BBM,
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`including with consumer audiences such as “[t]eens, for instance, [who] love
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`BlackBerry Messenger, RIM’s proprietary instant messaging feature.” See
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`http://archive.fortune.com/2009/08/12/technology/blackberry_research_in_motion.f
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`ortune/index.htm. The consumer demand and appreciation for BlackBerry’s
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`innovative messaging application functionalities was further evidenced in 2013,
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`when BlackBerry released the first versions of BBM for Apple’s iOS and Google’s
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`Android mobile device platforms and recorded over 5 million downloads of BBM
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`within
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`the
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`first
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`8
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`hours
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`of
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`being made
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`available.
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`
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`See
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`https://9to5mac.com/2013/10/21/blackberry-announces-5-million-downloads-of-
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`bbm-for-ios-and-android-only-8-hours-after-release/. In just two years, BBM had
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`installed
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`in over 100 million Android devices
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`alone.
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` See
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`http://blogs.blackberry.com/2015/03/bbm-hits-100m-google-play-installs/.
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`60. Seizing on the success of BBM and demand for consumer messaging
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`platforms featuring BlackBerry’s innovative features and functionalities, Defendant
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`developed and released its infringing Snapchat application and products, which
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`incorporate and unlawfully utilize BlackBerry’s patented technologies.
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`61. On information and belief, Defendant markets, offers, and distributes
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`the infringing Snapchat application in and within the United States, including
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`through distribution platforms such as the Apple iTunes Application Store and the
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`Google Android Play Store.
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`62. On information and belief, the accused Snapchat application is
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`Defendant’s primary product in the United States.
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`63. On information and belief, Defendant encourage users of mobile
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`devices such as iPhones and Android phones in the United States to download and
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`use the infringing Snapchat application, and such mobile device users do so
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`5 See http://money.cnn.com/2009/06/17/technology/rim_blackberry_preview/.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Snap Inc. Ex. 1010 Page 0016
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`Case 2:18-cv-02693 Document 1 Filed 04/03/18 Page 17 of 71 Page ID #:17
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`download and use the infringing a