Case 3:20-cv-02877 Document 1 Filed 04/27/20 Page 1 of 27
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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
`GOODWIN PROCTER LLP
`601 Marshall Street
`Redwood City, California 94063
`Telephone:
`+1-650-752-3100
`Facsimile:
`+1-650-853-1038
`
`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
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`MOBILEIRON, INC., a Delaware corporation,
`Plaintiffs,
`
`v.
`BLACKBERRY CORPORATION, a Delaware
`corporation, BLACKBERRY LTD., a
`Canadian company, and DOES 1-50,
`Defendants.
`
`
`
`Case No.
`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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`COMPLAINT AGAINST BLACKBERRY CORP. AND BLACKBERRY LTD.
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`Plaintiff MobileIron, Inc. (“MobileIron”) alleges as follows:
`BACKGROUND
`1.
`This is an action to stop the unlawful activities of Blackberry Corporation and
`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.
`2.
`MobileIron, a software company founded in 2007, is a pioneer in enterprise
`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.
`3.
`Blackberry uses revenue derived from its shakedowns to try to reinvent itself and
`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
`4.
`MobileIron is a corporation organized and existing under the laws of the State of
`Delaware, with its principal place of business at 490 East Middlefield Road, Mountain View,
`California 94043.
`5.
`Upon information and belief, Defendant BlackBerry Corporation is a corporation
`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.
`6.
`Upon information and belief, Defendant BlackBerry Ltd. is a company organized
`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.
`7.
`MobileIron owns all right, title, and interest in, and has standing to sue for patent
`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.
`8.
`MobileIron owns all right, title, and interest in, and has standing to sue for patent
`infringement of United States Patent No. 9,426,120 (“the ’120 patent”), entitled “Location and
`Time Based App Policies,” issued August 23, 2016. A true and accurate copy of the ’120 patent
`is attached to this Complaint as Exhibit B.
`9.
`MobileIron owns all right, title, and interest in, and has standing to sue for patent
`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,
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`2014. A true and accurate copy of the ’307 patent is attached to this Complaint as Exhibit C.
`10.
` MobileIron owns all right, title, and interest in, and has standing to sue for patent
`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.
`11.
`Defendants BlackBerry Corporation and/or BlackBerry Ltd. purport to be the
`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
`12.
`This action involves claims for patent infringement arising under the patent laws
`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.
`13.
`This Court has subject matter jurisdiction over MobileIron’s claims for
`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.
`14.
`This Court has subject matter jurisdiction under the Declaratory Judgment Act and
`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
`Defendants.
`15.
`This Court has supplemental jurisdiction over MobileIron’s state law claims
`pursuant to 28 U.S.C. § 1367(a) because such claims are so related to the federal claims that they
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`form part of the same case or controversy and derive from a common nucleus of operative facts.
`16.
`This Court has personal jurisdiction over the BlackBerry Defendants for purposes
`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.
`17.
`This Court has personal jurisdiction over the BlackBerry Defendants for purposes
`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.
`18.
`A true and accurate copy of correspondence dated August 26, 2019, in which
`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. In fact, at least one of the patents identified in the letters was either surrendered
`and/or unenforceable as a matter of law.
`19.
`Based on the acts, conduct and statements of the BlackBerry Defendants, there
`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.
`20.
`Venue in this district is proper under 28 U.S.C. § 1391 and 1400(b).
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`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.
`22.
`The BlackBerry Defendants and their customers have infringed the claims,
`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.
`23.
`Upon information and belief, the BlackBerry Defendants’ UEM employs a
`computer-implemented method, comprising receiving, from a control agent installed on a mobile
`device, a list that includes one or more applications currently installed on the mobile device. In
`particular, in describing UEM, the BlackBerry Defendants state: “To help prevent users from
`installing specific apps, you can create a list of restricted apps and use compliance profiles to
`enforce the restrictions. For example, you might want to prevent users from installing malicious
`apps or apps that require a lot of resources.” BlackBerry UEM, Managing apps (v. 12.11) at 20.
`24.
`The BlackBerry Defendants further state: “For iOS and Android devices, you can
`create a compliance profile to select apps from the restricted app list and set an enforcement
`action such as prompting the user or deleting work data if one of these apps is installed.” Id.
`Accordingly, in order to determine that a restricted app is installed, a software module (control
`agent) installed on a mobile device via UEM receives a list of applications currently installed on
`the mobile device.
`25.
`Upon information and belief, the BlackBerry Defendants’ UEM detects, based at
`least in part on the list, an installation of at least one new application on the mobile device. The
`BlackBerry Defendants state: “For iOS and Android devices, you can create a compliance profile
`to select apps from the restricted app list and set an enforcement action such as prompting the
`user or deleting work data if one of these apps is installed.” BlackBerry UEM, Managing apps (v.
`12.11) at 20. Thus, using the list of applications installed on the mobile device it is determined by
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`the BlackBerry Defendants’ UEM that a restricted app is newly installed on the mobile device.
`26.
`Upon information and belief, the BlackBerry Defendants’ UEM determines, in
`response to the detection of the installation of the new application, whether the new application is
`authorized to be installed on the mobile device based at least in part on one or more policies that
`indicate whether the new application is a recognized application. The BlackBerry Defendants
`state: “For iOS and Android devices, you can create a compliance profile to select apps from the
`restricted app list and set an enforcement action such as prompting the user or deleting work data
`if one of these apps is installed.” BlackBerry UEM, Managing apps (v. 12.11) at 20. Thus, from
`the list of applications installed on the mobile device it is determined by BlackBerry’s UEM
`whether a newly installed application is authorized to be installed on the mobile device based on,
`at least in part, a compliance profile, i.e., one or more policies that indicate whether the new
`application is a recognized application, i.e., not a restricted app.
`27.
`Upon information and belief, in the event that the installation of the new
`application is determined to be not authorized, the BlackBerry Defendants’ UEM adjusts a state
`of one or more mobile device data objects associated with the mobile device. The BlackBerry
`Defendants state: “For iOS and Android devices, you can create a compliance profile to select
`apps from the restricted app list and set an enforcement action such as prompting the user or
`deleting work data if one of these apps is installed.” BlackBerry UEM, Managing apps (v. 12.11)
`at 20. Thus, if the newly installed application is determined to be a restricted app, i.e., an
`application that is not authorized, an enforcement action is taken by the BlackBerry Defendants
`UEM, such that a state of one or more mobile device data objects is adjusted.
`28.
`Upon information and belief, the BlackBerry Defendants’ UEM denies access by
`the mobile device to one or more network application services based at least in part on the
`adjusted state of the one or more mobile device data objects, wherein access is denied by
`blocking, at an intermediate node, traffic from the mobile device to the one or more network
`application services. The BlackBerry Defendants state: “For iOS and Android devices, you can
`create a compliance profile to select apps from the restricted app list and set an enforcement
`action such as prompting the user or deleting work data if one of these apps is installed.”
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`BlackBerry UEM, Managing apps (v. 12.11) at 20. Thus, the user may be prompted to uninstall
`the restricted app and, should the user use the restricted app regardless, as part of the enforcement
`action (i.e., based at least in part on the adjusted state of the one or more mobile device data
`objects) access to network application services is denied by the BlackBerry Defendant’s UEM to
`the restricted app by blocking traffic therefrom at a server.
`29.
`The BlackBerry Defendants advertise that the QNX Car Platform as including
`security 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.
`30.
`Upon information and belief, the BlackBerry QNX Car Platform incorporates
`security features that include the BlackBerry Defendants’ UEM, and also infringes at least claim
`1 of the ’016 patent.
`31.
`The BlackBerry Defendants’ infringement of the ’016 patent has injured and will
`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.
`32.
`Blackberry is aware of the ’016 patent. Plaintiff MobileIron previously asserted
`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.
`33.
`Upon information and belief, the BlackBerry Defendants have had actual notice of,
`and actual knowledge of, the ’016 patent since at least September 4, 2015, when BlackBerry Ltd.
`publicly announced its anticipated acquisition of Good Technology.
`34.
`The BlackBerry Defendants’ UEM is advertised as being scalable up to 25,000
`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
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`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.
`35.
`The BlackBerry Defendants have been and are aware that the normal and
`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.
`36.
`The Blackberry Defendants’ infringement of the ’016 patent has been and
`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 ’016
`patent, and with full knowledge of MobileIron’s rights in the ’016 patent.
`37.
`For the reasons stated herein, MobileIron is entitled to enhanced damages pursuant
`to 35 U.S.C. § 284, and attorneys’ fees and costs pursuant to 35 U.S.C. § 285.
`38.
`Upon information and belief, the license between MobileIron and Good
`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)
`39. MobileIron incorporates by reference the allegations set forth in paragraphs 1
`through 38 of this Complaint as though set forth in full herein.
`40.
`The BlackBerry Defendants and their customers have infringed the claims,
`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.
`41.
`Upon information and belief, the BlackBerry Defendants’ IS provides a method
`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
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`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
`42.
`Thus, upon information and belief, to allow access to privileged apps when the
`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.
`43.
`Upon information and belief, the BlackBerry Defendants’ IS updates the policy
`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.
`44.
`Upon information and belief, the BlackBerry Defendants’ IS receives location
`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
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`1 https://www.blackberry.com/us/en/products/blackberry-persona#industry-focus (last visited
`Apr. 22, 2020).
`2 https://www.blackberry.com/us/en/products/blackberry-persona#industry-focus (last visited
`Apr. 22, 2020).
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`45.
`Thus, upon information and belief, a software module (management agent) on the
`user device employing the BlackBerry Defendants’ IS receives new location information and
`determines that the new location is not an allowed location.
`46.
`Upon information and belief, the BlackBerry Defendants’ IS blocks, by the
`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
`privileged apps] is disabled.”3
`47.
`Thus, upon information and belief, the software module (management agent) on
`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.
`48.
`The BlackBerry Defendants advertise that the QNX Car Platform includes security
`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.
`49.
`Upon information and belief, the BlackBerry QNX Car Platform incorporates
`security features that include the BlackBerry Defendants’ IS, and also infringes at least claim 1 of
`the ’120 patent.
`50.
`The BlackBerry Defendants’ infringement of the ’120 patent has injured and will
`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.
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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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`51.
`The BlackBerry Defendants’ IS is advertised as being a cloud service that can
`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.
`52.
`The BlackBerry Defendants have been and are aware that the normal and
`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.
`53.
`The Blackberry Defendants’ infringement of the ’120 patent has been and
`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.
`54.
`For the reasons stated herein, MobileIron is entitled to enhanced damages pursuant
`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)
`55. MobileIron incorporates by reference the allegations set forth in paragraphs 1
`through 54 of this Complaint as though set forth in full herein.
`56.
`The BlackBerry Defendants and their customers have infringed the claims,
`directly, indirectly, and/or via the doctrine of equivalents, including at least claim 1, of the ’307
`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’ UEM.
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`57.
`Upon information and belief, the BlackBerry Defendants’ UEM includes a
`computer-implemented method, comprising receiving, from a control agent installed on a mobile
`device, a list that includes one or more applications currently installed on the mobile device. The
`BlackBerry Defendants in describing UEM state: “To help prevent users from installing specific
`apps, you can create a list of restricted apps and use compliance profiles to enforce the
`restrictions. For example, you might want to prevent users from installing malicious apps or apps
`that require a lot of resources.” BlackBerry UEM, Managing apps (v. 12.11) at 20. The
`BlackBerry Defendants further state in reference to UEM: “For iOS and Android devices, you
`can create a compliance profile to select apps from the restricted app list and set an enforcement
`action such as prompting the user or deleting work data if one of these apps is installed.” Id.
`58.
`Accordingly, upon information and belief, in order to determine that a restricted
`app is installed, a software module (control agent) installed on a mobile device employing the
`BlackBerry Defendants’ UEM receives a list of applications currently installed on the mobile
`device.
`59.
`Upon information and belief, the BlackBerry Defendants’ UEM detects, based at
`least in part on the list, an installation of at least one new application on the mobile device. The
`BlackBerry Defendants state in conjunction with UEM: “For iOS and Android devices, you can
`create a compliance profile to select apps from the restricted app list and set an enforcement
`action such as prompting the user or deleting work data if one of these apps is installed.”
`BlackBerry UEM, Managing apps (v. 12.11) at 20. Thus, upon information and belief, using the
`list of applications installed on the mobile device, the BlackBerry Defendant