`
`Mieke K. Malmberg
`(SBN 209992)
`SKIERMONT DERBY LLP
`800 Wilshire Blvd., Ste. 1450
`Los Angeles, CA 90017
`Phone: (213) 788-4500
`
`Fax: (213)788-4545
`mmalmberg@skiermontderby.com
`
`Paul J. Skiermont (pro hac vice)
`Sadaf R. Abdullah (pro hac vice)
`SKIERMONT DERBY LLP
`1601 Elm St., Ste. 4400
`Dallas, TX 75201
`Phone: (214) 978-6600
`Fax: (214) 978-6601
`pskiermont@skiermontderby.com
`sabdullah@skiermontderby.com
`(Additional counsel identified on signature
`page)
`
`Attorneys for Plaintiff
`BELL NORTHERN RESEARCH, LLC
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`C.A. No. 3:18-CV-02864-CAB-BLM
`
`BELL NORTHERN RESEARCH,
`LLC,
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS INC., LG
`ELECTRONICS U.S.A., INC., and LG
`ELECTRONICS MOBILE
`RESEARCH U.S.A., LLC,
`
`Defendants.
`
`BELL NORTHERN RESEARCH,
`LLC’S PATENT L.R. 3.6
`AMENDED DISCLOSURE OF
`ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`BELL NORTHERN RESEARCH, LLC’S PATENT LOCAL RULE 3.6 DISCLOSURES TO DEFENDANTS
`
`1
`
`Bell Northern Research, LLC, Exhibit 2019, Page 1 of 4
`
`

`

`
`
`Pursuant to Patent L.R. 3.6, 3.1 and the Court’s Case Management Order,
`Plaintiff Bell Northern Research, LLC (“BNR”) hereby provides its Amended
`Disclosure of Asserted Claims and Infringement Contentions, including the claim
`charts attached as Exhibits A-H and all Annexes thereto. This disclosure is made solely
`for the purpose of the above-captioned action, with respect to above-named
`Defendants.
`Discovery in this matter is in progress and BNR’s investigation of Defendants’
`infringement is ongoing. For example, Defendants have not yet completed production
`of documents relating to the accused products; nor have they provided any deposition
`testimony in this action. This disclosure is therefore based upon information that BNR
`has been able to obtain publicly and through discovery thus far, together with BNR’s
`current good faith beliefs regarding the Accused Instrumentalities in this matter. For
`example, the figures shown in the accompanying claim charts, including but not
`limited to those depicting the location of and identifying the presence of claim
`elements in the Accused Instrumentalities, are illustrative and may change after
`production and review of Defendants’ confidential information. Accordingly, BNR
`explicitly reserves the right to amend and/or supplement the accompanying claim
`charts regarding direct and/or indirect infringement, as well as literal infringement
`and/or infringement under the doctrine of equivalents based on evidence uncovered in
`this litigation.
`The claim charts attached as exhibits hereto are not designed to represent the
`entire scope of infringement of the Accused Instrumentalities, but are merely to
`illustrate examples of how the Accused Instrumentalities infringe the Asserted Claims
`of the Patents-in-Suit. Further, the division of claim elements in the charts attached as
`exhibits hereto is provided solely for purposes of convenience in presenting BNR’s
`Infringement Contentions. The division is not meant to modify the claim language or
`to inform claim construction.
`
`BELL NORTHERN RESEARCH, LLC’S PATENT LOCAL RULE 3.6 DISCLOSURES TO DEFENDANTS
`
`2
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Bell Northern Research, LLC, Exhibit 2019, Page 2 of 4
`
`

`

`
`
`The following disclosures should not be construed as BNR’s proposed
`construction of any asserted claim or claim term. This disclosure does not represent
`BNR’s position on whether any claim term should be or needs to be construed,
`clarified, or interpreted by the Court. Further, these disclosures also are based at least
`in part on BNR’s present understanding of the meaning and scope of the asserted
`claims of the patents-in-suit in the absence of claim construction proceedings for all
`the patents-in-suit or substantial discovery in this matter. BNR reserves the right to
`supplement or amend these disclosures if its understanding of the claim terms changes,
`including if the Court construes them.
`This disclosure is given without prejudice to BNR’s rights, and BNR hereby
`expressly reserves its rights under the Patent Local Rules or any other applicable basis
`to further supplement or amend its contentions, including without limitation, to add
`Asserted Claims or Accused Instrumentalities as additional facts are ascertained,
`analyses are made, research is completed, contentions are made, claims are construed,
`and Defendants’ confidential information is received and reviewed in discovery.
`a. Asserted Claims (Patent L.R. 3.1(a)):
`Based on information presently available, BNR asserts that each of the
`following claims is infringed by Defendants. In accordance with the Court’s
`instructions at the May 28, 2019 Case Management Conference in the related cases in
`this district and the parties’ agreement, BNR has limited its assertions to no more than
`seven claims per patent. BNR expressly reserves the right to modify, substitute,
`change, or amend which claims it asserts against Defendants as more information
`becomes available, including without limitation the parties’ claim construction
`positions and the Court’s claim construction rulings.
`
`Asserted Claims
`U.S. Patent No.
`7,945,285 (“’285 Patent”) 1, 2, 3, 4
`6,549,792 (“’792 Patent”) 1, 2, 4, 6, 9, 14, 15
`
`BELL NORTHERN RESEARCH, LLC’S PATENT LOCAL RULE 3.6 DISCLOSURES TO DEFENDANTS
`
`3
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Bell Northern Research, LLC, Exhibit 2019, Page 3 of 4
`
`

`

`
`
`7,990,842 (“’842 Patent”) 1, 3, 4, 8, 11, 14, 19
`6,941,156 (“’156 Patent”) 4
`8,416,862 (“’862 Patent”) 9, 10, 11, 12
`7,957,450 (“’450 Patent”) 2, 3, 11, 12, 13, 21, 22
`8,792,432 (“’432 Patent”) 9, 12
`7,039,435 (“’435 Patent”) 1, 2, 3, 6, 8
`
`b. Accused Instrumentalities (L.P.R. 3.1(b)):
`Based on information presently available, BNR identifies the Accused
`Instrumentalities below. Defendants infringe the Asserted Claims pursuant to § 271(a)
`by making, using, importing, selling, and/or offering to sell in the United States
`without authority these Accused Instrumentalities. The particular acts constituting
`infringement by Defendants’ accused instrumentalities are detailed in the claim charts
`attached herewith as Exhibits A - H. BNR reserves the right to amend or add additional
`Accused Instrumentalities to these Contentions, if warranted and/or based on further
`investigation and discovery.
`
`Asserted
`Claim Accused Instrumentalities
`’285 Patent
`1
`G7 ThinQ, Aristo 3, Fiesta 2, Fortune 2, G Flex, G6, G6+, G8 ThinQ,
`Harmony 2, K30, K8, K8 V, Phoenix 4, Phoenix 4 Plus, Q6, Q7+,
`Stylo 3+/Titanium, Stylo 4, Stylo 4+/Plus, V30, V30+, V35 ThinQ,
`V40 ThinQ, X Charge, X Venture, Zone 4, Stylo 5, Escape Plus,
`K40, Solo LTE, Aristo 3+, Aristo 4+, G7 Fit, V50 ThinQ, Arena 2,
`Prime 2
`G7 ThinQ, Aristo 3, Fortune 2, G Flex, G6, G6+, G8 ThinQ,
`Harmony 2, K30, K8, K8 V, Phoenix 4, Phoenix 4 Plus, Q6, Q7+,
`Stylo 3+/Titanium, Stylo 4, Stylo 4+/Plus, V30, V30+, V35 ThinQ,
`V40 ThinQ, X Charge, X Venture, Zone 4, Stylo 5, Escape Plus,
`K40, Solo LTE, Aristo 3+, Aristo 4+, G7 Fit, V50 ThinQ, Arena 2,
`Prime 2
`G7 ThinQ, Aristo 3, Fortune 2, G6, G6+, G8 ThinQ, Harmony 2,
`K30, K8, K8 V, Phoenix 4, Phoenix 4 Plus, Q6, Q7+, Stylo
`3+/Titanium, Stylo 4, Stylo 4+/Plus, V30, V30+, V35 ThinQ, V40
`
`3
`
`2
`
`BELL NORTHERN RESEARCH, LLC’S PATENT LOCAL RULE 3.6 DISCLOSURES TO DEFENDANTS
`
`4
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Bell Northern Research, LLC, Exhibit 2019, Page 4 of 4
`
`