Case 3:20-cv-02877-JCS Document 32 Filed 06/29/20 Page 1 of 31
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`I. NEEL CHATTERJEE (STATE BAR NO. 173985)
`nchatterjee@goodwinlaw.com
`MONTE M.F. COOPER (STATE BAR NO. 196746)
`mcooper@goodwinlaw.com
`ANDREW S. ONG (STATE BAR NO. 267889)
`aong@goodwinlaw.com
`DANIEL R. MELLO JR. (STATE BAR NO. 325714)
`dmello@goodwinlaw.com
`GOODWIN PROCTER LLP
`601 Marshall Street
`Redwood City, California 94063
`Telephone:
`+1-650-752-3100
`Facsimile:
`+1-650-853-1038
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`RACHEL M. WALSH (STATE BAR NO. 250568)
`rwalsh@goodwinlaw.com
`GOODWIN PROCTER LLP
`Three Embarcadero Center, 28th Floor
`San Francisco, California 94111
`Telephone:
`+1-415-733-6000
`Facsimile:
`+1-415-677-9041
`Attorneys for Plaintiff
`MOBILEIRON, INC.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`MOBILEIRON, INC., a Delaware corporation,
`Plaintiffs,
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`v.
`BLACKBERRY CORPORATION, a Delaware
`corporation, BLACKBERRY LTD., a
`Canadian company, and DOES 1-50,
`Defendants.
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`
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`Case No. 3:20-cv-02877-JCS
`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT,
`ATTEMPTED EXTORTION,
`VIOLATION OF CALIFORNIA
`BUSINESS AND PROFESSIONS CODE §
`17200, AND DECLARATORY RELIEF OF
`NON-INFRINGEMENT, UNCLEAN
`HANDS AND PATENT MISUSE
`DEMAND FOR JURY TRIAL
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`Case 3:20-cv-02877-JCS Document 32 Filed 06/29/20 Page 2 of 31
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`Plaintiff MobileIron, Inc. (“MobileIron”) alleges as follows:
`BACKGROUND
`This is an action to stop the unlawful activities of Blackberry Corporation and
`1.
`BlackBerry Ltd. (collectively, “the Blackberry Defendants”). The Blackberry Defendants built a
`technology made obsolete. Due to Blackberry’s shrinking presence in the marketplace, it decided
`to shake companies down by making countless meritless patent assertions to generate licensing
`revenue instead of competing in the marketplace. The Blackberry Defendants have largely
`become dependent on licensing revenue by seeking portfolio licenses that include patents they
`know are statutorily surrendered and by asserting infringement theories through unlawful notice
`letters that would not pass muster in any court of law and extracting extortionate license fees as it
`tries to rebuild its company on the backs of other companies’ technologies. MobileIron is the
`latest target of Blackberry’s unlawful strategy.
`MobileIron, a software company founded in 2007, is a pioneer in enterprise
`2.
`management of mobile security and management for smartphones and tablet computers, such as
`Apple’s iPhone and Samsung’s Galaxy Android devices. MobileIron’s award-winning and
`industry-leading Unified Endpoint Management (“UEM”) platform includes passwordless zero
`sign-on (“ZSO”), multi-factor authentication (“MFA”), and mobile threat defense (“MTD”)
`capabilities. Together they validate the device, establish user context, check app authorization,
`verify the network, and detect and remediate threats before granting secure access to a device or
`user. The result is a seamless, secure user experience that automates access control decisions to
`ensure that only authorized users, devices, apps, and services can access business resources.
`MobileIron products and services include UEM, Access, Sentry, Mobile Threat Defense, and
`AppConnect.
`Blackberry uses revenue derived from its shakedowns to try to reinvent itself and
`3.
`to rebuild its company by taking the pioneering inventions of MobileIron. Blackberry offers
`products and services with the names “Blackberry Intelligent Security,” “Enterprise Mobility
`Suite” (which includes a UEM service), “Enterprise BRIDGE,” and “QNX CAR Platform for
`Infotainment.” All of these products and services infringe MobileIron’s patents, as set forth
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`herein.
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`THE PARTIES
`MobileIron is a corporation organized and existing under the laws of the State of
`4.
`Delaware, with its principal place of business at 490 East Middlefield Road, Mountain View,
`California 94043.
`Upon information and belief, Defendant BlackBerry Corporation is a corporation
`5.
`organized and existing under the law of the State of Delaware, with its principal place of business
`at 5000 Riverside Drive, Suite 100E, Irving, Texas 75039. On information and belief, Blackberry
`maintains offices in this district at 331 Fairchild Drive, Mountain View, CA 94024 and 3001
`Bishop Drive #400, San Ramon, CA 94583.
`Upon information and belief, Defendant BlackBerry Ltd. is a company organized
`6.
`and existing under the laws of the country of Canada, with its principal place of business at 2200
`University Avenue East, Waterloo, Ontario, Canada, N2K 0A7. Upon information and belief, in
`2015, Blackberry Limited acquired for $425 million in cash Good Technology Corporation
`(“Good Technology”), a company whose headquarters are located at 430 North Mary Avenue,
`Suite 200, Sunnyvale, California 94085. Upon information and belief, BlackBerry Ltd. continues
`to operate Good Technology as a wholly owned subsidiary of BlackBerry Ltd. BlackBerry Ltd.
`derives a substantial proportion of its revenue from intellectual property licensing based on a
`portfolio that BlackBerry has stated publicly consists of approximately 38,000 patents and
`applications worldwide.
`MobileIron owns all right, title, and interest in, and has standing to sue for patent
`7.
`infringement of United States Patent No. 8,359,016 (“the ’016 patent”), entitled “Management of
`Mobile Applications,” issued January 22, 2013. A true and accurate copy of the ’016 patent is
`attached to this Complaint as Exhibit A.
`MobileIron owns all right, title, and interest in, and has standing to sue for patent
`8.
`infringement of United States Patent No. 9,426,120 (“the ’120 patent”), entitled “Location and
`Time Based Mobile App Policies,” issued August 23, 2016. A true and accurate copy of the ’120
`patent is attached to this Complaint as Exhibit B.
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`MobileIron owns all right, title, and interest in, and has standing to sue for patent
`9.
`infringement of United States Patent No. 8,869,307 (“the ’307 patent”), entitled “Mobile Posture-
`Based Policy, Remediation and Access Control for Enterprise Resources,” issued October 21,
`2014. A true and accurate copy of the ’307 patent is attached to this Complaint as Exhibit C.
` MobileIron owns all right, title, and interest in, and has standing to sue for patent
`10.
`infringement of United States Patent No. 10,038,598 (“the ’598 patent”), entitled “Leveraging
`and Extending Mobile Operating System MDM Protocol,” issued July 31, 2018. A true and
`accurate copy of the ’598 patent is attached to this Complaint as Exhibit D.
`Defendants BlackBerry Corporation and/or BlackBerry Ltd. purport to be the
`11.
`owner, assignee, and/or exclusive licensee of, and purport to have all right, title and interest in,
`and standing to sue for patent infringement of, each of U.S. Patent Nos. 8,005,469 (“the ’469
`patent”); 8,544,084 (“the ’084 patent”); 9,282,099 (“the ’099 patent”); RE44,746 (“the Reissue
`’746 patent”); 8,442,489 (“the ’489 patent”); 9,270,682 (“the ’682 patent”); 7,372,961 (“the ’961
`patent”); 8,931,045 (“the ’045 patent”); 8,554,175 (“the ’175 patent”); and 9,077,769 (“the ’769
`patent”).
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`JURISDICTION AND VENUE
`This action involves claims for patent infringement arising under the patent laws
`12.
`of the United States, Title 35 of the United States Code, and claims for declaratory relief arising
`under the Declaratory Judgment Act, Title 28 of the United States Code. This action also
`involves California state law claims for attempted extortion and for violation of California
`Business & Professions Code section 17200.
`This Court has subject matter jurisdiction over MobileIron’s claims for
`13.
`infringement against Defendants pursuant to 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202,
`because the claims arise under the patent laws of the United States.
`This Court has subject matter jurisdiction under the Declaratory Judgment Act and
`14.
`the patent laws of the United States, more particularly under Title 28 U.S.C. §§ 2201 and 2202
`and Title 35 U.S.C. §§ 100 et. seq., respectively, with respect to Plaintiff MobileIron’s claims for
`declaratory relief with respect to patents owned, assigned, and or exclusively licensed to
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`Defendants.
`This Court has supplemental jurisdiction over MobileIron’s state law claims
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`pursuant to 28 U.S.C. § 1367(a) because such claims are so related to the federal claims that they
`form part of the same case or controversy and derive from a common nucleus of operative facts.
`This Court has personal jurisdiction over the BlackBerry Defendants for purposes
`16.
`of MobileIron’s claims for patent infringement because both Defendants transact business in the
`State of California and have, at a minimum, offered to provide and/or provided in this judicial
`district and throughout the State of California products and services that infringe claims of the
`’016, ’120, ’307 and ’598 patents.
`This Court has personal jurisdiction over the BlackBerry Defendants for purposes
`17.
`of MobileIron’s claims for declaratory relief because the BlackBerry Defendants have accused
`MobileIron of providing products and services that the BlackBerry Defendants allege infringe on
`or more claims of each of the ’084, ’099, Reissue ’746, ’489, ’682, ’961, ’045, ’175, and ’769
`patents as well as 32 other patents.
`A true and accurate copy of correspondence dated August 26, 2019, in which
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`counsel for BlackBerry Corporation purports to put MobileIron on notice of infringing each of the
`’469, ’084, ’099, Reissue ’746, ’489, ’682, ’961, ’045, ’175, and ’769 patents, is attached hereto
`as Exhibit E. A true and accurate copy of correspondence dated March 9, 2020, in which counsel
`for BlackBerry Corporation again purported to put MobileIron on notice of infringing each of the
`’469, ’084, ’099, Reissue ’746, ’489, ’682, ’961, ’045, ’175, and ’769 patents, as well as 32 other
`patents, is attached hereto as Exhibit F. In each instance, BlackBerry provided no claim chart or
`explanation accompanying the letter. In fact, at least one of the patents identified in the letters
`was either surrendered and/or unenforceable as a matter of law. BlackBerry touted the size and
`breadth of its portfolio in the August 26, 2019 letter, and also stated that the identified patents
`were “merely illustrative examples” of patents relevant to MobileIron’s business and products
`and that the listed patents were “not intended to convey the totality of the relevant patents” in
`BlackBerry’s portfolio. The March 9, 2020 letter from BlackBerry repeated similar language.
`Based on the acts, conduct and statements of the BlackBerry Defendants, there
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`exists an actual and substantial controversy, within the meaning of 28 U.S.C. §§ 2201 and 2202,
`between MobileIron and the BlackBerry Defendants, as to whether MobileIron or any of the
`products and services sold and/or offered for sale by MobileIron have infringed, or continue to
`infringe, any of the claims of the ’469, ’084, ’099, Reissue ’746, ’489, ’682, ’961, ’045, ’175, and
`’769 patents. The existing controversy is of sufficient immediacy and reality to warrant the
`issuance of a declaratory judgment of non-infringement, as set forth further herein.
`Venue in this district is proper under 28 U.S.C. § 1391 and 1400(b).
`20.
`COUNT I
`(Infringement of U.S. Patent No. 8,359,016)
`21. MobileIron incorporates by reference the allegations set forth in paragraphs 1
`through 20 of this Complaint as though set forth in full herein.
`The BlackBerry Defendants and their customers have infringed the claims,
`22.
`directly, indirectly, and/or via the doctrine of equivalents, including at least claim 1, of the ’016
`patent through, among other activities, the sale, the offering for sale, the making, the having
`made, the use, the importation and the exportation of BlackBerry Enterprise Mobility Suite:
`Unified Endpoint Management (“UEM”).
`Upon information and belief, the BlackBerry Defendants’ UEM employs a method
`23.
`comprising, responsive to a request for a set of applications available for installation on a mobile
`device, accessing a user profile and a mobile device profile against an identifier associated with a
`user. In particular, in describing UEM, the BlackBerry Defendants state: “If a required app is not
`installed, your administrator may restrict or remove access to work data. Optional apps are apps
`that your administrator recommends but you are not required to install them on your device.”
`BlackBerry UEM Client for iOS, User Guide at 5. The BlackBerry Defendants add: “1. In the
`BlackBerry UEM Client app, tap Assigned work apps. 2. Tap the Required tab and install all
`required apps. 3. Tap the All tab and install any optional apps that you want.” Id. Thus, via a
`UEM client, a user can request applications available for installation on a mobile device.
`The BlackBerry Defendants further state: “You can change whether an app is
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`required or optional. The actions that occur when an app is set to required or optional depend on
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`the type of app, the device, and the activation type. 1. On the menu bar, click User and Devices.
`2. If the app that you want to change is assigned to a user account, in the search results, click the
`name of a user account. 3. If the app that you want to change is assigned to a group, in the left
`pane, click Groups to expand the list of user groups and click the name of the group. 4. In the
`Groups assigned and user assigned apps section, click the disposition for the app that you want to
`change. 5. In the Disposition drop-down list for the app, select Optional or Required. 6. Click
`Assign.” BlackBerry UEM, Managing apps (v. 12.11) at 22.
`Thus, BlackBerry’s documentation reflects that for managing apps as part of the
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`UEM, an administrator can designate an app as required (or optional) based on: (A) a user
`account or whether the user belongs to a particular group (i.e. based on a user profile); and/or (B)
`the type of the user device (i.e. the mobile device profile), where the two profiles are associated
`with a user identifier.
`Upon information and belief, the BlackBerry Defendants’ UEM filters a catalog of
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`applications based on a set of policies applied to the user profile and mobile device profile to
`select a set of applications. The BlackBerry Defendants state: “You can change whether an app
`is required or optional. The actions that occur when an app is set to required or optional depend
`on the type of app, the device, and the activation type. 7. On the menu bar, click User and
`Devices. 8. If the app that you want to change is assigned to a user account, in the search results,
`click the name of a user account. 9. If the app that you want to change is assigned to a group, in
`the left pane, click Groups to expand the list of user groups and click the name of the group. 10.
`In the Groups assigned and user assigned apps section, click the disposition for the app that you
`want to change. 11. In the Disposition drop-down list for the app, select Optional or Required.
`12. Click Assign.” BlackBerry UEM, Managing apps (v. 12.11) at 22.
`Thus, for managing apps as part of the UEM, an administrator can designate an
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`app as required (or optional) based on: (A) a user account or whether the user belongs to a
`particular group (i.e. based on a user profile), and/or (B) the type of the user device (i.e. the
`mobile device profile). As such, a catalog of applications is filtered based on a set of policies
`applied to the user profile and mobile device profile to select (i.e., designate) a set of applications
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`as required (or optional).
`Upon information and belief, the BlackBerry Defendants’ UEM returns the set of
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`applications in response to the request. The BlackBerry Defendants state: “If a required app is
`not installed, your administrator may restrict or remove access to work data. Optional apps are
`apps that your administrator recommends but you are not required to install them on your device.
`Before you begin: Activate your device 1. In the BlackBerry UEM Client app, tap Assigned
`work apps. 2. Tap the Required tab and install all required apps. 3. Tap the All tab and install
`any optional apps that you want.” BlackBerry UEM Client for iOS, User Guide at 5. Thus, for
`example, in response to the user tapping the “Assigned work apps” and the “Required” tab, the
`apps designated as required would be presented.
`Upon information and belief, the Blackberry Defendants’ UEM provides the
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`returned set of applications to a mobile device application management interface configured to
`display the set of applications to the user via the application management interface and to provide
`the ability for the user to select, via the application management interface, one or more of the
`displayed applications for installation on the mobile device. The BlackBerry Defendants state:
`“If a required app is not installed, your administrator may restrict or remove access to work data.
`Optional apps are apps that your administrator recommends but you are not required to install
`them on your device. Before you begin: Activate your device 1. In the BlackBerry UEM Client
`app, tap Assigned work apps. 2. Tap the Required tab and install all required apps. 3. Tap the
`All tab and install any optional apps that you want.” BlackBerry UEM Client for iOS, User
`Guide at 5. Thus, after the required (or optional) apps are presented, the user may select one or
`more required and/or optional apps via an application management interface of the UEM client
`for installation on the mobile device.
`The BlackBerry Defendants advertise the QNX Car Platform as including security
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`capabilities permitting the use of a self-verifying file system to deny access to files that have
`changed unexpectedly, filesystem encryption for protecting sensitive or private data, and fine-
`grain control of system privileges.
`Upon information and belief, the BlackBerry QNX Car Platform incorporates
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`security features that include the BlackBerry Defendants’ UEM, and also infringes at least claim
`1 of the ’016 patent.
`The BlackBerry Defendants’ infringement of the ’016 patent has injured and will
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`continue to injure MobileIron unless and until this Court enters an injunction prohibiting further
`infringement and, specifically, enjoining further use of methods and systems that come within the
`scope of the ’016 patent.
`Blackberry is aware of the ’016 patent. Plaintiff MobileIron previously asserted
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`the ’016 patent against Good Technology. As a result of this litigation, a San Jose jury in August
`of 2015 found that the ’016 patent was valid.
`Upon information and belief, the BlackBerry Defendants have had actual notice of,
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`and actual knowledge of, the ’016 patent since at least September 4, 2015, when BlackBerry Ltd.
`publicly announced its anticipated acquisition of Good Technology.
`The BlackBerry Defendants’ UEM is advertised as being scalable up to 25,000
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`devices per server and 150,000 devices per domain, and can be deployed either on premise or
`within the Cloud. The Blackberry Defendants’ UEM is not a staple article or a commodity of
`commerce suitable for a non-infringing use of the ’016 patent. The BlackBerry Defendants’
`UEM is especially made for an infringing use of the ’016 patent, and in combination with
`BlackBerry Defendants’ knowledge of the ’016 patent and further knowledge that the BlackBerry
`Defendants’ customers infringe the ’016 patent when they implement the UEM on their mobile
`devices, the BlackBerry Defendants are contributory infringers of the ’016 patent.
`The BlackBerry Defendants have been and are aware that the normal and
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`customary use of the BlackBerry Defendants’ UEM will infringe the ’016 patent. The
`BlackBerry Defendants, through the dissemination of technical and product literature, online
`instruction, advertising, and customer support regarding the BlackBerry Defendants’ UEM,
`intentionally encourage their customers to infringe the ’016 patent. The BlackBerry Defendants
`therefore are liable for induced infringement of the ’016 patent.
`The Blackberry Defendants’ infringement of the ’016 patent has been and
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`continues to be willful and deliberate as the BlackBerry Defendants have acted in an objectively
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`reckless manner in view of the high likelihood that their acts constituted infringement of the ’016
`patent, and with full knowledge of MobileIron’s rights in the ’016 patent.
`For the reasons stated herein, MobileIron is entitled to enhanced damages pursuant
`38.
`to 35 U.S.C. § 284, and attorneys’ fees and costs pursuant to 35 U.S.C. § 285.
`Upon information and belief, the license between MobileIron and Good
`39.
`Technology does not cover at least some, if not all, of the BlackBerry Defendants’ UEM.
`COUNT II
`(Infringement of U.S. Patent No. 9,426,120)
`40. MobileIron incorporates by reference the allegations set forth in paragraphs 1
`through 39 of this Complaint as though set forth in full herein.
`The BlackBerry Defendants and their customers have infringed the claims,
`41.
`directly, indirectly, and/or via the doctrine of equivalents, including at least claim 1, of the ’120
`patent, through, among other activities, the sale, the offering for sale, the making, the having
`made, the use, the importation and the exportation of the BlackBerry Defendants’ Intelligent
`Security (“IS”) services and products.
`Upon information and belief, the BlackBerry Defendants’ IS provides a method
`42.
`that comprises receiving, at a management agent on a device from a remote enterprise server, one
`or more location and time policies that include policy information, wherein the one or more
`location and time policies are calculated by processing user and group information, wherein the
`device includes applications located inside an enterprise zone and applications located outside of
`the enterprise zone. The BlackBerry Defendants state in describing features of Intelligent
`Security (IS): “Adaptive Policy: Regional Bank Manager -- Anne enters a retail branch. Anne is
`the regional manager for a major retail bank. With BlackBerry Persona, when she enters a retail
`branch, her presence is detected based on her mobile device’s geolocation. Her access to
`privileged apps appropriate for her role is automatically enabled upon her arrival. When she
`leaves, that access is disabled.”1
`
`
`1 https://www.blackberry.com/us/en/products/blackberry-persona#industry-focus (last visited
`Apr. 22, 2020).
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`Thus, upon information and belief, to allow access to privileged apps when the
`43.
`user enters a retail branch, an agent on the user device receives location and time policies from a
`remote BlackBerry server. Moreover, upon information and belief the user device employing the
`BlackBerry Defendants’ IS calculates or evaluates the policy using user and group information
`(that the user location is at the branch and that the user belongs to the group of managers). In
`addition, upon information and belief, the user device employing the BlackBerry Defendants’ IS
`includes privileged apps, i.e., applications located inside an enterprise zone, and the user device
`also includes apps that are generally installed on mobile devices such as a calculator, a notepad, a
`music player, etc., i.e., applications located outside of the enterprise zone.
`Upon information and belief, the BlackBerry Defendants’ IS updates the policy
`44.
`information in a bus with a current allowed state. Upon information and belief, the BlackBerry
`Defendants’ IS server updates the policies and transmits the updated policies to the user devices
`from time-to-time.
`Upon information and belief, the BlackBerry Defendants’ IS receives location
`45.
`information from the device, wherein the location information includes a new location that is not
`an allowed location. The BlackBerry Defendants state: “When she leaves, that access [to the
`privileged apps] is disabled.”2
`Thus, upon information and belief, a software module (management agent) on the
`46.
`user device employing the BlackBerry Defendants’ IS receives new location information and
`determines that the new location is not an allowed location.
`Upon information and belief, the BlackBerry Defendants’ IS blocks, by the
`47.
`management agent, a user of the device from using an application located in the enterprise zone
`on the device based at least in part on the received location information, wherein the management
`agent blocks the user of the all applications within the enterprise zone according to the one or
`more policies. The BlackBerry Defendants further state: “When she leaves, that access [to the
`
`
`2 https://www.blackberry.com/us/en/products/blackberry-persona#industry-focus (last visited
`Apr. 22, 2020).
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`privileged apps] is disabled.”3
`Thus, upon information and belief, the software module (management agent) on
`48.
`the user device utilizing the BlackBerry Defendants’ IS blocks the user device from using the
`privileged apps, i.e., one or more applications in the enterprise zone, and the decision to block is
`based on, at least in part, the received location information. Upon information and belief, the
`software module (management agent) blocks the use by the user of all of the privileged apps, i.e.,
`all applications with the enterprise zone, as dictated by the received policies.
`The BlackBerry Defendants advertise that the QNX Car Platform includes security
`49.
`capabilities permitting the use of a self-verifying file system to deny access to files that have
`changed unexpectedly, filesystem encryption for protecting sensitive or private data, and fine-
`grain control of system privileges.
`Upon information and belief, the BlackBerry QNX Car Platform incorporates
`50.
`security features that include the BlackBerry Defendants’ IS, and also infringes at least claim 1 of
`the ’120 patent.
`The BlackBerry Defendants’ infringement of the ’120 patent has injured and will
`51.
`continue to injure MobileIron unless and until this Court enters an injunction prohibiting further
`infringement and, specifically, enjoining further use of methods and systems that come within the
`scope of the ’120 patent.
`The BlackBerry Defendants’ IS is advertised as being a cloud service that can
`52.
`dynamically adapt the security requirements and behavior of a customer’s users’ devices and
`work apps to their real-world contexts. The Blackberry Defendants’ IS is not a staple article or a
`commodity of commerce suitable for a non-infringing use of the ’120 patent. The BlackBerry
`Defendants’ IS is especially made for an infringing use of the ’120 patent, and in combination
`with BlackBerry Defendants’ knowledge of the ’120 patent and further knowledge that the
`BlackBerry Defendants’ customers infringe the ’120 patent when they implement the IS in their
`mobile systems, the BlackBerry Defendants are contributory infringers of the ’120 patent.
`
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`3 https://www.blackberry.com/us/en/products/blackberry-persona#industry-focus (last visited
`Apr. 22, 2020).
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`The BlackBerry Defendants have been and are aware that the normal and
`53.
`customary use of the BlackBerry Defendants’ IS will infringe the ’120 patent. The BlackBerry
`Defendants, through the dissemination of technical and product literature, online instruction,
`advertising, and customer support regarding the BlackBerry Defendants’ IS, intentionally
`encourage the BlackBerry Defendants’ customers to infringe the ’120 patent. The BlackBerry
`Defendants therefore are liable for induced infringement of the ’120 patent.
`The Blackberry Defendants’ infringement of the ’120 patent has been and
`54.
`continues to be willful and deliberate as the BlackBerry Defendants have acted in an objectively
`reckless manner in view of the high likelihood that their acts constituted infringement of the ’120
`patent, and with full knowledge of MobileIron’s rights in the ’120 patent.
`For the reasons stated herein, MobileIron is entitled to enhanced damages pursuant
`55.
`to 35 U.S.C. § 284, and attorneys’ fees and costs pursuant to 35 U.S.C. § 285.
`COUNT III
`(Infringement of U.S. Patent No. 8,869,307)
`56. MobileIron incorporates by reference the allegatio