Case 2:18-cv-01844-GW-KS Document 15 Filed 04/04/18 Page 1 of 160 Page ID #:298
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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
` 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
`Attorneys for Plaintiff,
`BlackBerry Limited
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`BLACKBERRY LIMITED, a
`Canadian corporation,
`Plaintiff,
`
`v.
`
`FACEBOOK, INC., a Delaware
`corporation, WHATSAPP INC., a
`Delaware corporation, and
`INSTAGRAM, INC., a Delaware
`corporation, and INSTAGRAM, LLC,
`a Delaware limited liability company
`Defendants.
`
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`
`CASE NO. 2:18-cv-01844
`[FIRST AMENDED]
`COMPLAINT FOR PATENT
`INFRINGEMENT
`JURY TRIAL DEMANDED
`
`Case No. 2:18-cv-01844
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Facebook's Exhibit No. 1033
`0001
`
`MOBILEIRON, INC. - EXHIBIT 1010
`Page 001
`
`

`

`Case 2:18-cv-01844-GW-KS Document 15 Filed 04/04/18 Page 2 of 160 Page ID #:299
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`COMPLAINT FOR PATENT INFRINGEMENT
`Plaintiff BlackBerry Limited (“BlackBerry” or “Plaintiff”) hereby asserts the
`following claims for patent infringement against Defendants Facebook, Inc.,
`WhatsApp Inc., Instagram, Inc., and Instagram, LLC (collectively, “Defendants”),
`and alleges as follows:
`
`SUMMARY
`1.
`BlackBerry Pioneers Mobile Messaging - BlackBerry has been a
`leading innovator in the field of mobile communications for the past 30 years,
`having invested substantial sums into research and development of communications
`technologies. BlackBerry’s innovations led to the commercialization of some of the
`earliest models of smartphones in the United States, enabling its users to, among
`other things, send and receive e-mails securely and surf the internet anytime and
`anywhere. These same innovations prompted the rise of the smartphone as a
`necessary everyday accessory for businesspersons and ordinary consumers alike.
`2.
`One example of BlackBerry’s innovations is the BlackBerry Messenger
`technology, which revolutionized instant messaging by providing users with secure,
`user-friendly, point-to-point instant messaging on their mobile devices. In many
`respects, through BlackBerry Messenger and other research and development,
`BlackBerry helped pioneer modern mobile messaging—secure, instant and user
`friendly on a mobile device. The appeal and success of BlackBerry Messenger led
`consumers to consider instant messaging functionality as an integral aspect of
`mobile communications, resulting today in billions of people worldwide engaging in
`instant messaging over their mobile device.
`3.
`As an innovator, BlackBerry took many steps to safeguard this valuable
`intellectual property. It received numerous patents protecting the cutting-edge
`features of its mobile phones, BlackBerry Messenger, and other communications
`applications that make such products secure, easy-to-use, and ultimately engaging to
`the end-user, thereby driving user growth and retention.
`
`
`
`
`
`Case No. 2:18-cv-01844
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Facebook's Exhibit No. 1033
`0002
`
`MOBILEIRON, INC. - EXHIBIT 1010
`Page 002
`
`

`

`Case 2:18-cv-01844-GW-KS Document 15 Filed 04/04/18 Page 3 of 160 Page ID #:300
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`4.
`Facebook and its Companies Later Develop Competing Applications
`that Improperly Use BlackBerry’s Mobile Messaging Intellectual Property -
`Defendants, on the other hand, are relative latecomers to the mobile messaging
`world. Defendants created mobile messaging applications that co-opt BlackBerry’s
`innovations, using a number of the innovative security, user interface, and
`functionality enhancing features that made BlackBerry’s products such a critical and
`commercial success in the first place. These include the features covered by the
`Patents-in-Suit.
`5.
`The Patents-in-Suit cover, for example:
`that
`techniques
`(a) Security Improvements—improved cryptographic
`establish and maintain security over user messages and provide the requisite
`trust necessary for user adoption of a messaging platform for their
`communication needs;
`(b) User Interface Improvements For Mobile Devices—including (i)
`improvements in message notification techniques that streamline and
`optimize reception of new message notifications that prevent users from being
`inundated with numerous messaging notifications, (ii) display of timestamps
`in a messaging user interface that provides users with appropriate temporal
`context for their communications without overtaking the user’s screen with
`unnecessary information, and (iii) tagging friends and family in social media
`photographs;
`(c) Combining Mobile Gaming And Mobile Messaging—allowing users to
`more easily interact while playing electronic games;
`(d) Battery Efficient Status Updates for Mobile Devices—improved
`techniques for transmitting status updates based on whether a second device is
`viewing the status updates, to reduce power consumption and improve battery
`life in mobile devices; and
`(e) Mobile Advertising—improved
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`techniques of delivering
`
`targeted
`
`
`
`
`
`Case No. 2:18-cv-01844
`-3-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Facebook's Exhibit No. 1033
`0003
`
`MOBILEIRON, INC. - EXHIBIT 1010
`Page 003
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`Case 2:18-cv-01844-GW-KS Document 15 Filed 04/04/18 Page 4 of 160 Page ID #:301
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`advertising and content to mobile devices based on user demographics and
`interest, as well as the location of the user’s mobile device and time-based
`triggers.
`These features, all invented by BlackBerry, are “table stakes” for modern
`mobile messaging and social networking.
`6.
`Thus, Defendants have used BlackBerry’s own intellectual property to
`compete with it in the mobile messaging space. These applications are ever
`expanding, including Facebook Messenger, Facebook Messenger Lite, Facebook
`Pages Manager, Facebook.com and Facebook Workplace Chat, the WhatsApp
`Messenger application made by WhatsApp Inc., and the Instagram application made
`by Instagram, Inc. and Instagram, LLC. The importance of mobile messaging is
`emphasized by the reported $19 billion dollars Facebook spent to acquire
`WhatsApp.
`7.
`Defendants’ Use of BlackBerry’s Mobile Messaging Innovations
`Harms BlackBerry and Provides Undeserved Windfall to Facebook and its
`Companies—Defendants’ use of BlackBerry’s invention and infringement of the
`Patents-in-Suit, has succeeded in diverting consumers away from BlackBerry’s
`products and services and toward those of Defendants. This has resulted in a
`substantial and undeserved windfall for Defendants as these users drive Defendants’
`revenue. Defendants’ gain comes at BlackBerry’s expense, depriving BlackBerry of
`revenue to which it is entitled as a result of its inventions.
`8.
`BlackBerry attempted to resolve this dispute without resorting to
`litigation. It first reached out to Defendants Facebook’s and WhatsApp’s respective
`General Counsel in April 2016 – nearly two years ago – regarding BlackBerry’s
`patent portfolio, and followed up with additional communications including emails,
`calls, and requests for a meeting. Defendants, however, refused to adequately
`compensate BlackBerry for their use of BlackBerry’s intellectual property. Through
`this suit, BlackBerry seeks redress for the harm caused by Defendants’ unlawful use
`
`
`
`
`
`Case No. 2:18-cv-01844
`-4-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Facebook's Exhibit No. 1033
`0004
`
`MOBILEIRON, INC. - EXHIBIT 1010
`Page 004
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`

`

`Case 2:18-cv-01844-GW-KS Document 15 Filed 04/04/18 Page 5 of 160 Page ID #:302
`
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`of BlackBerry’s intellectual property.
`INTRODUCTION TO BLACKBERRY
`9.
`For more than 30 years, BlackBerry has been a leading innovator in the
`cutting-edge wireless
`communications
`industry. BlackBerry’s
`mobile
`communication products and services have transformed the way people around the
`world connect, converse, and share digital information.
`10. BlackBerry was founded in 1984 in Waterloo, Ontario by two
`engineering students, Mike Lazaridis and Douglas Fregin. In its early years, the
`company—then named Research In Motion (“RIM”)—focused its inventive
`energies on wireless data transmission.
`11. From its modest beginnings more than 30 years ago, BlackBerry has
`gone on to offer a portfolio of award-winning products, services, and embedded
`technologies to tens of millions of individual consumers and organizations around
`the world, including governments, and educational institutions. By transforming the
`way people communicate, BlackBerry laid a foundation for today’s multibillion-
`dollar modern smartphone
`industry.
` BlackBerry’s
`innovations
`in mobile
`communications continue to this day through BlackBerry’s award-winning software
`platform and devices, which enable and manage security, mobility, and
`communications between and among hardware, programs, mobile applications, and
`the Internet of Things (IoT).
`12.
`its ground-breaking mobile
`In
`the
`course of developing
`communications systems, BlackBerry (and the BlackBerry family of companies) has
`invented a broad array of new technologies that cover everything from enhanced
`security and cryptographic techniques, to mobile device user interfaces, instant
`messaging functionality, communication servers, and many other areas. To take just
`one example, security posed a critical challenge for BlackBerry to address when
`bringing its mobile devices to market. Commercial acceptance of such mobile
`devices required providing mechanisms to ensure safe and secure communications
`
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`Case No. 2:18-cv-01844
`-5-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
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`Facebook's Exhibit No. 1033
`0005
`
`MOBILEIRON, INC. - EXHIBIT 1010
`Page 005
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`

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`Case 2:18-cv-01844-GW-KS Document 15 Filed 04/04/18 Page 6 of 160 Page ID #:303
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`so that users and businesses could be confident that their confidential and private
`information stayed that way in spite of ever increasing threats. Due to its innovative
`technologies, BlackBerry has been universally recognized as the gold standard when
`it comes to safe and secure data communications over mobile devices.
`13. Throughout its history, BlackBerry has demonstrated a commitment to
`innovation, including through its investments in research and development, which
`have totaled more than $5.5 billion over the past decade. BlackBerry has protected
`the technical innovations resulting from these investments, including through
`seeking patent protection, and as detailed below, BlackBerry owns rights to an array
`of patented technologies in the United States.
`14. BlackBerry owns United States Patent Nos. 7,372,961, 8,279,173,
`8,209,634, 8,296,351, 8,301,713, 8,429,236, 8,676,929, 8,677,250, and 9,349,120
`(collectively, the “Patents-in-Suit”). Defendants infringe the BlackBerry Patents-in-
`Suit by using, without authorization, BlackBerry’s proprietary technologies in a
`number of their commercial products and services, including, inter alia, the
`Facebook Messenger, WhatsApp Messenger, and Instagram applications, which are
`marketed, offered and distributed to users of mobile and other devices throughout
`the United States, including in this District.
`15. By this action, BlackBerry seeks to put an end to Defendants’
`unauthorized use of BlackBerry’s patented technologies and to obtain compensation
`for the harm BlackBerry has suffered.
`NATURE OF THE ACTION
`16. This is a civil action for patent infringement under the patent laws of
`the United States, 35 U.S.C. § 1 et seq.
`17. Defendants have infringed and continue to infringe, and have induced
`and continue to induce infringement of, one or more claims of BlackBerry’s Patents-
`in-Suit at least by making, using, selling, and/or offering to sell their Facebook.com
`website, Facebook, Facebook Messenger, Facebook Messenger Lite, Facebook
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`Case No. 2:18-cv-01844
`-6-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Facebook's Exhibit No. 1033
`0006
`
`MOBILEIRON, INC. - EXHIBIT 1010
`Page 006
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`

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`Case 2:18-cv-01844-GW-KS Document 15 Filed 04/04/18 Page 7 of 160 Page ID #:304
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`Workplace Chat, Facebook Pages Manager, WhatsApp Messenger, and Instagram
`applications for mobile and other devices in the United States, including in this
`District.
`18. BlackBerry is the legal owner by assignment of the Patents-in-Suit,
`which were duly and legally issued by the United States Patent and Trademark
`Office (“USPTO”). BlackBerry seeks injunctive relief and monetary damages.
`THE PARTIES
`19. Plaintiff BlackBerry Limited is a Canadian company with its principal
`place of business at 2200 University Avenue East, Waterloo, Ontario, Canada N2K
`0A7. BlackBerry Limited is the owner of intellectual property rights at issue in this
`action.
`20. On information and belief, Defendant Facebook, Inc. (“Facebook”) is a
`Delaware corporation with a principal place of business at 1 Hacker Way, Menlo
`Park, CA 94025. On information and belief, Facebook maintains offices in Los
`Angeles, California, operates and owns the website located at www.facebook.com,
`and markets, offers, and distributes applications such as the Facebook, Facebook
`Messenger, Facebook Messenger Lite, Facebook Workplace Chat, and Facebook
`Pages Manager applications throughout the United States, including in this District.
`21. On information and belief, Defendant WhatsApp Inc. (“WhatsApp”) is
`a Delaware corporation and wholly owned subsidiary of Facebook with a principal
`place of business at 1601 Willow Road, Menlo Park, CA 94025. On information
`and belief, WhatsApp operates and owns the website located at www.whatsapp.com,
`and markets, offers, and distributes applications such as the WhatsApp Messenger
`application throughout the United States, including in this District.
`22. On information and belief, Defendants Instagram, Inc. and Instagram,
`LLC (collectively, “Instagram”) are a Delaware corporation and limited liability
`company, respectively, and wholly owned subsidiaries of Facebook with a principal
`place of business at 1601 Willow Road, Menlo Park, CA 94025. On information
`
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`Case No. 2:18-cv-01844
`-7-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Facebook's Exhibit No. 1033
`0007
`
`MOBILEIRON, INC. - EXHIBIT 1010
`Page 007
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`

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`Case 2:18-cv-01844-GW-KS Document 15 Filed 04/04/18 Page 8 of 160 Page ID #:305
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`and belief, Instagram operates and owns the website located at www.instagram.com,
`and markets, offers, and distributes applications such as the Instagram application
`throughout the United States, including in this District.
`23. Upon information and belief, each of the Defendants directly and/or
`indirectly develops, designs, manufactures, distributes, markets, offers to sell and/or
`sells infringing products and services in the United States, including in the Central
`District of California, and otherwise purposefully directs infringing activities to this
`District in connection with the Facebook, Facebook Messenger, Facebook
`Messenger Lite, Facebook Workplace Chat, Facebook Pages Manager, WhatsApp
`Messenger, and Instagram applications.
`24. Upon
`information and belief and as further explained below,
`Defendants have been and are acting in concert, and are otherwise liable jointly,
`severally or otherwise for a right to relief related to or arising out of the same
`transaction, occurrence or series of transactions or occurrences related to the
`making, using, selling, offering for sale or otherwise distributing the Facebook,
`Facebook Messenger, Facebook Messenger Lite, Facebook Workplace Chat, and
`Facebook Pages Manager, WhatsApp Messenger, and Instagram applications in this
`District. In addition, this action involves questions of law and fact that are common
`to all Defendants.
`25. For example, on information and belief, between 2017 and the filing of
`this Complaint, Facebook migrated the Instagram and WhatsApp messaging
`services from third party servers onto Facebook’s own data centers.1 Accordingly,
`Facebook is acting in concert with WhatsApp and Instagram in connection with the
`provision of their messaging services.
`
`1 See, e.g., https://www.cnbc.com/2017/06/07/facebook-planning-to-move-
`whatsapp-off-ibms-public-cloud.html;
`http://www.datacenterknowledge.com/archives/2017/06/12/report-facebook-to-
`move-whatsapp-from-ibm-cloud-to-own-data-centers.
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`Case No. 2:18-cv-01844
`-8-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Facebook's Exhibit No. 1033
`0008
`
`MOBILEIRON, INC. - EXHIBIT 1010
`Page 008
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`

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`Case 2:18-cv-01844-GW-KS Document 15 Filed 04/04/18 Page 9 of 160 Page ID #:306
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`JURISDICTION AND VENUE
`26. This is a civil action for patent infringement arising under the patent
`laws of the United States, 35 U.S.C. § 1 et seq.
`27. This Court has subject matter jurisdiction over the matters asserted
`herein under 28 U.S.C. §§ 1331 and 1338(a) and 35 U.S.C. §§ 271 et seq.
`28. This Court has personal jurisdiction over Facebook, in part because
`Facebook does continuous and systematic business in this District, including by
`providing infringing products and services to the residents of the Central District of
`California that Facebook knew would be used within this District, and by soliciting
`business from the residents of the Central District of California. For example,
`Facebook is subject to personal jurisdiction in this Court because, inter alia, and
`upon information and belief, Facebook has a regular and established place of
`business at its offices in the Central District of California, including the 35,000 sqft
`Facebook LA Campus in Playa Vista,2 and elsewhere in the State of California, and
`directly and through agents regularly does, solicits and transacts business in the
`Central District of California and elsewhere in the State of California, including
`through its website at www.facebook.com and its Facebook, Facebook Messenger,
`Facebook Messenger Lite, Facebook Workplace Chat, and Facebook Pages
`Manager applications marketed, offered, and distributed to and utilized by users of
`computing and mobile devices in this District and throughout the State of California.
`29.
`In particular, Facebook has committed and continues to commit acts of
`infringement in violation of 35 U.S.C. § 271, and has made, used, marketed,
`distributed, offered for sale, sold, and/or imported infringing products in the State of
`California, including in this District, and engaged in infringing conduct within and
`
`
`2 See http://www.latimes.com/business/technology/la-fi-tn-facebook-office-
`20160514-snap-story.html; see also
`https://www.facebook.com/careers/locations/losangeles/.
`
`
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`
`
`Case No. 2:18-cv-01844
`-9-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Facebook's Exhibit No. 1033
`0009
`
`MOBILEIRON, INC. - EXHIBIT 1010
`Page 009
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`directed at or from this District. For example, Facebook has purposefully and
`voluntarily placed the Facebook website and Facebook, Facebook Messenger,
`Facebook Messenger Lite, Facebook Workplace Chat, and Facebook Pages
`Manager applications into the stream of commerce with the expectation that its
`infringing products will be used in this District. The infringing Facebook, Facebook
`Messenger, Facebook Messenger Lite, Facebook Workplace Chat, and Facebook
`Pages Manager applications have been and continue to be distributed to and used in
`this District. Facebook’s acts cause injury to BlackBerry, including within this
`District.
`30. This Court has personal jurisdiction over WhatsApp, in part because
`WhatsApp does continuous and systematic business in this District, including by
`providing infringing products and services to the residents of the Central District of
`California that WhatsApp knew would be used within this District, and by soliciting
`business from the residents of the Central District of California. For example,
`WhatsApp is subject to personal jurisdiction in this Court because, inter alia, and
`upon information and belief, WhatsApp has a regular and established place of
`business in the State of California, including on information and belief through the
`employment of individuals within this judicial district, and directly and through
`agents regularly does, solicits and transacts business in the Central District of
`California and elsewhere in the State of California, including through its website at
`www.whatsapp.com and its WhatsApp Messenger application marketed, offered,
`and distributed to and utilized by users of mobile devices in this District and
`throughout the State of California.
`31.
`In particular, WhatsApp has committed and continues to commit acts of
`infringement in violation of 35 U.S.C. § 271, and has made, used, marketed,
`distributed, offered for sale, sold, and/or imported infringing products in the State of
`California, including in this District, and engaged in infringing conduct within and
`directed at or from this District. For example, WhatsApp has purposefully and
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`Case No. 2:18-cv-01844
`-10-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Facebook's Exhibit No. 1033
`0010
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`MOBILEIRON, INC. - EXHIBIT 1010
`Page 010
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`voluntarily placed the WhatsApp Messenger application into the stream of
`commerce with the expectation that its infringing product will be used in this
`District. The infringing WhatsApp Messenger application has been and continues to
`be distributed to and used in this District. WhatsApp’s acts cause injury to
`BlackBerry, including within this District.
`32. This Court has personal jurisdiction over Instagram, in part because
`Instagram does continuous and systematic business in this District, including by
`providing infringing products and services to the residents of the Central District of
`California that Instagram knew would be used within this District, and by soliciting
`business from the residents of the Central District of California. For example,
`Instagram is subject to personal jurisdiction in this Court because, inter alia, and
`upon information and belief, Instagram has a regular and established place of
`business in the State of California, including on information and belief through the
`employment of individuals within this judicial district, and directly and through
`agents regularly does, solicits and transacts business in the Central District of
`California and elsewhere in the State of California, including through its website at
`www.instagram.com and
`its Instagram application marketed, offered, and
`distributed to and utilized by users of mobile devices in this District and throughout
`the State of California.
`33.
`In particular, Instagram has committed and continues to commit acts of
`infringement in violation of 35 U.S.C. § 271, and has made, used, marketed,
`distributed, offered for sale, sold, and/or imported infringing products in the State of
`California, including in this District, and engaged in infringing conduct within and
`directed at or from this District. For example, Instagram has purposefully and
`voluntarily placed the Instagram application into the stream of commerce with the
`expectation that its infringing product will be used in this District. The infringing
`Instagram application has been and continues to be distributed to and used in this
`District. Instagram’s acts cause injury to BlackBerry, including within this District.
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`Case No. 2:18-cv-01844
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Facebook's Exhibit No. 1033
`0011
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`MOBILEIRON, INC. - EXHIBIT 1010
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`34. Venue is proper in this District under the provisions of 28 U.S.C.
`§§ 1391 and 1400(b) at least because a substantial part of the events or omissions
`giving rise to the claims occurred in this judicial district, and because Defendants
`have committed acts of infringement in this District and have a regular and
`established place of business in this District.
`35.
`In particular, on information and belief, Facebook has a regular and
`established place of business at its 35,000 square foot Facebook Los Angeles
`Campus, located in Playa Vista, CA.3 On further information and belief, WhatsApp
`and Instagram employ engineers and/or other personnel within this district,
`including personnel at Facebook facilities in this district.4
`36. On information and belief, WhatsApp and Instagram are wholly owned
`subsidiaries of Facebook. On information and belief, Facebook does not separately
`report revenue from Instagram or WhatsApp in its filings to the Securities Exchange
`Commission, but rather reports combined revenue from its various products
`including Facebook, WhatsApp, and Instagram. Market analysis indicates that
`Facebook, WhatsApp, and Instagram and their respective products are viewed in the
`market as an integrated package with each of the products benefiting from
`substantial network effects.5
`
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`3 See http://www.latimes.com/business/technology/la-fi-tn-facebook-office-
`20160514-snap-story.html; see also
`https://www.facebook.com/careers/locations/losangeles/.
`4 www.LinkedIn.com identifies at least 17 people in this District that are dually
`employed by both Facebook and one of WhatsApp or Instagram.
`5 See https://www.marketwatch.com/story/the-youtube-and-instagram-secret-that-
`google-and-facebook-dont-want-you-to-know-2018-01-26 (“For some analysts, the
`question of breaking out revenue for Instagram is moot, however, because the
`company essentially sells ads for Facebook and Instagram as a single package. . .
`.”); http://markets.businessinsider.com/news/stocks/facebook-stock-price-analyst-
`interview-2017-8-1002276065 (“More and more people are spending more of their
`daily waking hours on Facebook. We estimate that across Facebook's different
`(Continued . . .)
`Case No. 2:18-cv-01844
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Facebook's Exhibit No. 1033
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`37. On further information and belief, Facebook not only “owns,” but also
`“operates” both Instagram and WhatsApp, such operation including the cooperative
`development, improvement, and/or support of their respective services.6 For
`example, on information and belief, Facebook “shares information about”
`Facebook’s users with Instagram and WhatsApp “to facilitate, support and integrate
`[Instagram’s and WhatsApp’s] activities and improve our services.”7 Likewise,
`Instagram has been “collaborating with Facebook's team” to “build a better
`Instagram for you,” including “shar[ing] insights and information with each other
`[to] build better experiences for our users.”8 Similarly, “[a]s part of the Facebook
`family of companies, WhatsApp receives information from, and shares information
`with, this family of companies [including Facebook]. We may use the information
`we receive from them, and they may use the information we share with them, to
`help operate, provide, improve, understand, customize, support, and market our
`Services and their offerings.”9 On further information and belief, Facebook,
`
`
`(. . . continued)
`properties - Facebook.com, WhatsApp, Messenger, and Instagram - users spend on
`average close to an hour every day. That metric was a lot lower two or three years
`ago. By having people spend more time on the sites or apps, they're obviously
`consuming more content, more pages, and giving Facebook the ability to monetize
`against that content and pages.”);
`http://corporate1.morningstar.com/Documents/UK/Products/Equity-Research-
`Services/FB_US_20160728/ (“Now that Facebook has emerged as the clear-cut
`social media leader, we believe that the company’s offerings, consisting mainly of
`Facebook, Instagram, Messenger, and WhatsApp, have further strengthened network
`effects for the firm, where all of these platforms become more valuable to its users
`as people both join the networks and use these services.”).
`6 See https://www.facebook.com/help/111814505650678.
`7 See https://www.facebook.com/help/111814505650678.
`8 See https://help.instagram.com/155833707900388.
`9 See https://www.whatsapp.com/legal/;
`https://blog.whatsapp.com/10000627/Looking-ahead-for-WhatsApp.
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`Case No. 2:18-cv-01844
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Facebook's Exhibit No. 1033
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`MOBILEIRON, INC. - EXHIBIT 1010
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`Case 2:18-cv-01844-GW-KS Document 15 Filed 04/04/18 Page 14 of 160 Page ID #:311
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`WhatsApp, and Instagram have endeavored to integrate their products with each
`other from a technical standpoint including, but not limited to: Instagram allowing
`users to double-post Instagram stories directly to Facebook from the Instagram
`app;10 Facebook offering a unified messages inbox that lets businesses see and reply
`to their Facebook, Messenger, and Instagram interactions in one place;11 Facebook,
`Messenger, and Instagram providing cross-application notifications;12 and Facebook
`providing features allowing users to click a button on a business’s Facebook page to
`open a WhatsApp chat with that business.13
`FACTS COMMON TO ALL CLAIMS
`BlackBerry’s Innovation and Industry Recognition
`38. BlackBerry is a global leader in the mobile communications industry.
`Through its significant investment in research and development over the past 30
`years, BlackBerry has developed innovative, cutting-edge technologies that have
`changed the face of telecommunications. In particular, BlackBerry has developed
`key innovations in the way mobile devices and communications software interact
`with and receive input from users. BlackBerry’s innovations in messaging and UI
`development improved the speed and accuracy with which users could perform
`various tasks on their mobile devices.
`39.
`In the late 1990s, BlackBerry began to release a series of game-
`changing handheld mobile devices that enabled users to send and receive email and
`messages on the go, without needing to be tethered to a modem or a desktop
`
`10 See https://techcrunch.com/2017/10/04/instaface/.
`11 See https://www.engadget.com/2016/11/15/facebook-and-instagram-unified-
`business-inbox/.
`12 See https://www.cnet.com/news/facebook-messenger-