`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`
`
`CIVIL ACTION NO. 4:20-cv-2624
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`§
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`§
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`GUI GLOBAL PRODUCTS, LTD.
`D/B/A GWEE
`
` Plaintiff,
`
`vs.
`
`SAMSUNG ELECTRONICS CO., LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.
`
` Defendants.
`
`
`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY
`INFRINGEMENT CONTENTIONS
`
`Pursuant to P.R. 3-1 and 3-2, Plaintiff Gui Global Products, Ltd. d/b/a Gwee hereby
`
`serves upon Defendants Samsung Electronics Co. Ltd.; and Samsung Electronics America, Inc.
`
`(collectively “Samsung”) its Disclosure of Asserted Claims and Preliminary Infringement
`
`Contentions and Document Production Accompanying Disclosure for asserted U.S. Patent
`
`Nos. 10,589,320 (the “’320 patent); 10,562,077 (the “’077 patent); 10,259,021 (the “’021
`
`patent) and 10,259,020 (the “’020 patent) (collectively the (“asserted patents” or “patents-
`
`in-suit”), as follows:
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`3-1(a): Each claim of each patent-in-suit that is allegedly infringed by an opposing party.
`
`Gwee presently contends that Samsung infringes the claims listed in the attached and
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`incorporated infringement chart:
`
`1) ‘320 Galaxy Buds Infringement Chart;
`2) ‘077 Galaxy Buds Infringement Chart;
`3) ‘020 Galaxy Buds Infringement Chart;
`4) ‘021 Galaxy Buds Infringement Chart;
`1
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`
`
`Exhibit 1007
`Page 01 of 11
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`

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`5) ‘320 Galaxy Buds+1 Infringement Chart;
`6) ‘077 Galaxy Buds+ Infringement Chart;
`7) ‘020 Galaxy Buds+ Infringement Chart;
`8) ‘021 Galaxy Buds+ Infringement Chart;
`9) ‘320 Galaxy Buds Live Infringement Chart;
`10) ‘077 Galaxy Buds Live Infringement Chart;
`11) ‘020 Galaxy Buds Live Infringement Chart; and
`12) ‘021 Galaxy Buds Live Infringement Chart.
`
`Without limitation, and to the extent necessary, Gwee presently contends infringement
`
`pursuant to 35 U.S.C. §271(a) (i.e., direct infringement) and/or (b) indirect infringement via
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`inducement of infringement, including by actively inducing others to use, import, offer for resale,
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`and/or resell the Samsung infringing products. For Gwee’s claims brought under the ‘320 patent,
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`Gwee alleges that the point of first infringement and the start of claimed damages is March 17,
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`2020. For Gwee’s claims brought under the ‘077 patent, Gwee alleges that the point of first
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`infringement and the start of claimed damages is February 18, 2020. For Gwee’s claims brought
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`under the ‘020 patent, Gwee alleges that the point of first infringement and the start of claimed
`
`damages is April 16, 2019. For Gwee’s claims brought under the ‘021 patent, Gwee alleges that
`
`the point of first infringement and the start of claimed damages is April 16, 2019. For all patents,
`
`Gwee alleges that infringement and damages are ongoing and will continue until infringing
`
`activities are ceased.
`
`3-1(b): For each asserted claim, a specific and separate identification of each accused
`apparatus, product, device, process, method, act, or other instrumentality
`(“Accused Instrumentality”) of each opposing party, including where possible:
`(1) each product, device, and apparatus identified by name or model Number, and
`(2) each method or process identified by name, any product, device, or apparatus
`that, when used, allegedly results in the practice of the claimed method or process.
`
`Gwee presently contends that all versions and models of Samsung’s Galaxy Buds, Galaxy
`
` 
`1 Samsung Galaxy Buds+ are sometimes referred to as Galaxy Buds Plus. Any references by
`Gwee to Galaxy Buds+ includes Galaxy Buds Plus, and vice versa.
`2
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`Exhibit 1007
`Page 02 of 11
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`Buds+, and Galaxy Buds Live products (i.e., charging cases and earbuds) infringe the asserted
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`claims as described in the attached and incorporated infringement chart:
`
`1) ‘320 Galaxy Buds Infringement Chart;
`2) ‘077 Galaxy Buds Infringement Chart;
`3) ‘020 Galaxy Buds Infringement Chart;
`4) ‘021 Galaxy Buds Infringement Chart;
`5) ‘320 Galaxy Buds+ Infringement Chart;
`6) ‘077 Galaxy Buds+ Infringement Chart;
`7) ‘020 Galaxy Buds+ Infringement Chart;
`8) ‘021 Galaxy Buds+ Infringement Chart;
`9) ‘320 Galaxy Buds Live Infringement Chart;
`10) ‘077 Galaxy Buds Live Infringement Chart;
`11) ‘020 Galaxy Buds Live Infringement Chart; and
`12) ‘021 Galaxy Buds Live Infringement Chart.
`
`3-1(c): A chart identifying specifically where each element of each asserted claim is found
`within each Accused Instrumentality, including for each element that is allegedly
`governed by 35 U.S.C. § 112, ¶ 6, the identity of the structures, acts, or materials
`in the Accused Instrumentality that performs the claimed function.
`
`
`Charts identifying specifically where each element of each asserted claim is found within
`
`each Accused Instrumentality are attached and incorporated as follows:
`
`1) ‘320 Galaxy Buds Infringement Chart;
`2) ‘077 Galaxy Buds Infringement Chart;
`3) ‘020 Galaxy Buds Infringement Chart;
`4) ‘021 Galaxy Buds Infringement Chart;
`5) ‘320 Galaxy Buds+ Infringement Chart;
`6) ‘077 Galaxy Buds+ Infringement Chart;
`7) ‘020 Galaxy Buds+ Infringement Chart;
`8) ‘021 Galaxy Buds+ Infringement Chart;
`9) ‘320 Galaxy Buds Live Infringement Chart;
`10) ‘077 Galaxy Buds Live Infringement Chart;
`11) ‘020 Galaxy Buds Live Infringement Chart; and
`12) ‘021 Galaxy Buds Live Infringement Chart.
`
`The charts should be read in tandem and as informative of the others as applicable. The
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`charts in Gwee’s already served Complaint are also informative.
`
`Gwee does not presently contend that any element of any asserted claim is governed by 35
`
`U.S.C. § 112, ¶ f (f/k/a 35 U.S.C. § 112, ¶ 6).
`
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`3
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`Exhibit 1007
`Page 03 of 11
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`3-1(d): For each Accused Instrumentality and each element of each asserted claim,
`identification of whether the element is claimed to be literally present or present
`under the doctrine of equivalents.
`
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`For each asserted claim of the ‘320, ‘077, ‘021 and ‘020 patents, Gwee presently contends
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`that the electronic device element is literally met by each Samsung Galaxy Buds, Buds+ and Buds
`
`Live Accused Instrumentality. Alternatively, Gwee also presently contends that the electronic
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`device element is at least equivalently met under the doctrine of equivalents for each Samsung
`
`Galaxy Buds, Buds+ and Buds Live Accused Instrumentality.
`
`For each asserted claim of the ‘320, ‘077, ‘021 and ‘020 patents, Gwee presently contends
`
`that the switching device element is literally met by each Samsung Galaxy Buds, Buds+ and Buds
`
`Live Accused Instrumentality. Alternatively, Gwee also presently contends that the switching
`
`device element is at least equivalently met under the doctrine of equivalents for each Samsung
`
`Galaxy Buds, Buds+ and Buds Live Accused Instrumentality.
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`For each asserted claim of the ‘320, ‘077, ‘021 and ‘020 patents, Gwee presently contends
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`that the activate element is literally met. Alternatively, Gwee also presently contends that the
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`activate element is at least equivalently met under the doctrine of equivalents for each Samsung
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`Galaxy Buds, Buds+ and Buds Live Accused Instrumentality.
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`For each asserted claim of the ‘320, ‘077, ‘021 and ‘020 patents,, Gwee presently contends
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`that the deactivate element is literally met. Alternatively, Gwee also presently contends that the
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`deactivate element is at least equivalently met under the doctrine of equivalents for each Samsung
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`Galaxy Buds, Buds+ and Buds Live Accused Instrumentality.
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`For each asserted claim of the ‘320, ‘077, ‘021 and ‘020 patents, Gwee presently contends
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`that the hibernate element is literally met. Alternatively, Gwee also presently contends that the
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`hibernate element is at least equivalently met under the doctrine of equivalents for each Samsung
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`4
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`Exhibit 1007
`Page 04 of 11
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`Galaxy Buds, Buds+ and Buds Live Accused Instrumentality.
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`Based on Gwee’s present understanding of the claim language and publicly available
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`information regarding each Samsung Galaxy Buds, Buds+ and Buds Live Accused
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`Instrumentality, Gwee asserts that Samsung literally infringes the Asserted Claims of the patents-
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`in-suit. Any claim element not literally present in the Accused Instrumentality as set forth in the
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`appended infringement charts is found in those instrumentalities under the doctrine of equivalents
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`because any differences between such claim element and the Accused Instrumentality is
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`insubstantial and/or the Accused Instrumentality perform substantially the same function, in
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`substantially the same way to achieve substantially the same result as the corresponding claim
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`element(s). More specifically, the devices perform substantially the same function, in substantially
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`the same way, to yield substantially the same result. Samsung would thus be liable for direct
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`infringement under the doctrine of equivalents. In addition, Gwee reserves the right, pursuant to
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`Local P.R. 3-6, to assert infringement solely under the doctrine of equivalents with respect to any
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`particular claim element(s) if warranted by discovery received from Samsung, or a claim
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`construction ruling from the Court, or both.
`
`3-1(e): For any patent that claims priority to an earlier application, the priority date to
`which each asserted claim allegedly is entitled.
`
`
`Gwee presently contends that U.S. patent application Ser. No. 16/698,223 for the ‘320
`
`Patent, which was filed on Nov. 27, 2019, is a continuation of U.S. patent application Ser. No.
`
`16/502,935, filed Jul. 3, 2019, which is a continuation of U.S. patent application Ser. No.
`
`16/460,770, filed Jul. 2, 2019, which is a continuation of U.S. patent application Ser. No.
`
`16/388,691, filed Apr. 18, 2019, which is a continuation of U.S. patent application Ser. No.
`
`16/041,594, filed Jul. 20, 2018, which is a continuation of U.S. patent application Ser. No.
`
`15/852,000, filed Dec. 22, 2017, which is a continuation of U.S. patent application Ser. No.
`
`
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`5
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`Exhibit 1007
`Page 05 of 11
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`15/597,005, filed May 16, 2017, which is a continuation of U.S. application Ser. No. 14/343,665,
`
`filed Jul. 14, 2014, which is a national stage entry of PCT application No.: PCT/US2012/049562,
`
`filed, Aug. 3, 2012, which has priority from U.S. Provisional Application Ser. No. 61/661,090,
`
`filed Jun. 18, 2012, and U.S. Provisional Application Ser. No. 61/619,229, filed Apr. 2, 2012; and
`
`U.S. Provisional Application Ser. No. 61/592,344, filed Jan. 30, 2012; and U.S. Provisional
`
`Application Ser. No. 61/576,834, filed Dec. 16, 2011; and U.S. Provisional Application Ser. No.
`
`61/569,093, filed Dec. 9, 2011; and U.S. Provisional Application Ser. No. 61/568,031, filed Dec.
`
`7, 2011; and U.S. Provisional Application Ser. No. 61/561,087, filed Nov. 17, 2011; and U.S.
`
`Provisional Application Ser. No. 61/555,310, filed Nov. 3, 2011. Gwee presently contends that
`
`each and every asserted claim of the ‘320 patent is entitled to priority to each and every said
`
`provisional and nonprovisional application filing and each and every said date.
`
`Gwee presently contends that U.S. patent application Ser. No. 16/460,770 for the ‘077
`
`Patent, which was filed on July 2, 2019, is a continuation of U.S. patent application Ser. No.
`
`16/388,691, filed Apr. 18, 2019, which is a continuation of U.S. patent application Ser. No.
`
`16/041,594, filed Jul. 20, 2018, which is a continuation of U.S. patent application Ser. No.
`
`15/852,000, filed Dec. 22, 2017, which is a continuation of U.S. patent application Ser. No.
`
`15/597,005, filed May 16, 2017, which is a continuation of U.S. application Ser. No. 14/343,665,
`
`filed Jul. 14, 2014, which is a national stage entry of PCT application No.: PCT/US2012/049562,
`
`filed, Aug. 3, 2012, which has priority from, inter alia, U.S. Provisional Application Ser. No.
`
`61/661,090, filed Jun. 18, 2012, and U.S. Provisional Application Ser. No. 61/619,229, filed Apr.
`
`2, 2012; and U.S. Provisional Application Ser. No. 61/592,344, filed Jan. 30, 2012; and U.S.
`
`Provisional Application Ser. No. 61/576,834, filed Dec. 16, 2011; and U.S. Provisional
`
`Application Ser. No. 61/569,093, filed Dec. 9, 2011; and U.S. Provisional Application Ser. No.
`
`
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`6
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`Exhibit 1007
`Page 06 of 11
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`61/568,031, filed Dec. 7, 2011; and U.S. Provisional Application Ser. No. 61/561,087, filed Nov.
`
`17, 2011; and U.S. Provisional Application Ser. No. 61/555,310, filed Nov. 3, 2011. Gwee
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`presently contends that each and every asserted claim of the ‘077 patent is entitled to priority to
`
`each and every said provisional and nonprovisional application filing and each and every said date.
`
`Gwee presently contends that U.S. patent application Ser. No. 15/852,000 for the ‘021
`
`Patent, which was filed on December 22, 2017, is a continuation of U.S. patent application Ser.
`
`No. 15/597,005, filed May 16, 2017, which is a continuation of U.S. application Ser. No.
`
`14/343,665, filed Jul. 14, 2014, which is a national stage entry of PCT application No.:
`
`PCT/US2012/049562, filed, Aug. 3, 2012, which has priority from U.S. Provisional Application
`
`Ser. No. 61/661,090, filed Jun. 18, 2012, and U.S. Provisional Application Ser. No. 61/619,229;
`
`and U.S. Provisional Application Ser. No. 61/592,344, filed Jan. 30, 2012; and U.S. Provisional
`
`Application Ser. No. 61/576,834, filed Dec. 16, 2011; and U.S. Provisional Application Ser. No.
`
`61/569,093, filed Dec. 9, 2011; and U.S. Provisional Application Ser. No. 61/568,031, filed Dec.
`
`7, 2011; and U.S. Provisional Application Ser. No. 61/561,087, filed Nov. 17, 2011; and U.S.
`
`Provisional Application Ser. No. 61/555,310, filed Nov. 3, 2011. Gwee presently contends that
`
`each and every asserted claim of the ‘021 patent is entitled to priority to each and every said
`
`provisional and nonprovisional application filing and each and every said date.
`
`Gwee presently contends that U.S. patent application Ser. No. 15/851,952 for the ‘020
`
`Patent, which was filed on December 22, 2017, is a continuation of U.S. patent application Ser.
`
`No. 15/597,005, filed May 16, 2017, which is a continuation of U.S. application Ser. No.:
`
`14/343,665, filed Jul. 14, 2014, which is a national stage entry of PCT application No.:
`
`PCT/US2012/049562, filed, Aug. 3, 2012, which has priority from U.S. Provisional Application
`
`Ser. No.: 61/661,090, filed Jun. 18, 2012, and U.S. Provisional Application Ser. No.: 61/619,229;
`
`
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`7
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`Exhibit 1007
`Page 07 of 11
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`and U.S. Provisional Application Ser. No.: 61/592,344, filed Jan. 30, 2012; and U.S. Provisional
`
`Application Ser. No.: 61/576,834, filed Dec. 16, 2011; and U.S. Provisional Application Ser. No.:
`
`61/569,093, filed Dec. 9, 2011; and U.S. Provisional Application Ser. No.: 61/568,031, filed Dec.
`
`7, 2011; and U.S. Provisional Application Ser. No.: 61/561,087, filed Nov. 17, 2011; and U.S.
`
`Provisional Application Ser. No.: 61/555,310, filed Nov. 3, 2011. Gwee presently contends that
`
`each and every asserted claim of the ‘020 patent is entitled to priority to each and every said
`
`provisional and nonprovisional application filing and each and every said date.
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`3-1(f): If a party claiming patent infringement wishes to preserve the right to rely, for any
`purpose, on the assertion that its own apparatus, product, device, process, method,
`act, or other instrumentality practices the claimed invention, the party must identify,
`separately for each asserted claim, each such apparatus, product, device, process,
`method, act, or other instrumentality that incorporates or reflects that particular
`claim.
`
`
`Gwee does not presently wish to preserve any said right.
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`P.R. 3-2. DOCUMENT PRODUCTION ACCOMPANYING DISCLOSURE
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`3-2(a) With the “Disclosure of Asserted Claims and Preliminary Infringement
`
`Contentions,” the party claiming patent infringement must produce to each opposing party or make
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`available for inspection and copying, the following:
`
`(1) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing
`materials, offer letters, beta site testing agreements, and third-party or joint
`development agreements) sufficient to show each discussion with, disclosure to, or
`other manner of providing to a third party, or sale of or offer to sell, the claimed
`invention before the application date for the patent-in-suit.
`
`
`Gwee presently contends that it has no such documents in its possession, custody or
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`control.
`
`(2) Documents evidencing the conception, reduction to practice, design, and development
`of each claimed invention, which were created on or before the application date for the
`patent-in-suit or the priority date identified under P.R. 3-1(e), whichever is earlier.
`
`
`See documents marked GWEE GWEE001044 – GWEE002006. Although Gwee’s
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`
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`8
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`Exhibit 1007
`Page 08 of 11
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`contentions as to priority dates are noted above, in the interest of broad disclosure and in an
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`abundance of caution since there has been no ruling on priority dates, Gwee is including in its
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`production materials presently believed to most likely be from the time frame of Gwee’s PCT
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`application filed on Aug. 3, 2012, and prior. Certain graphical images contained within the
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`foregoing Bates range of TIFF images are also available in different native formats, which Gwee
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`is presently unable to open or convert, but said seemingly redundant natives will be provided or
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`made available for inspection if requested. Further, as noted above, Gwee’s asserted claims are
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`entitled to priority to earlier provisional filings preceding Gwee’s PTC application, which
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`documents also being provided herewith. Physical devices are also available for inspection.
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`Gwee also notes that its patent applications noted herein are evidence of, at minimum,
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`constructive reductions to practice.
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`(3) A copy of the file history for each patent-in-suit.
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`See documents marked GWEE000109 – GWEE001043.
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`(4) License agreements for the patents-in-suit.
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`Gwee presently contends that it has no such documents in its possession, custody or
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`control.
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`Dated: November 6, 2020
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`Respectfully submitted:
`
`/s/ John J. Edmonds
`John J. Edmonds
`Texas Bar No. 789758
`Federal I.D. No. 22110
`Stephen F. Schlather
`Texas Bar No. 24007993
`EDMONDS & SCHLATHER PLLC
`2501 Saltus Street
`Houston, Texas 77003
`Telephone: (713) 364-5291
`Facsimile: (713) 222-6651
`
`
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`9
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`Exhibit 1007
`Page 09 of 11
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`
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`jedmonds@ip-lit.com
`sschlather@ip-lit.com
`
`Barrett H. Reasoner
`Texas Bar No. 16641980
`Federal ID No. 14922
`breasoner@gibbsbruns.com
`Mark A. Giugliano
`Texas Bar No. 24012702
`Federal ID No. 29171
`mgiugliano@gibbsbruns.com
`Michael R. Absmeier
`Texas Bar No. 24050195
`Federal ID No. 608947
`mabsmeier@gibbsbruns.com
`Jorge M. Gutierrez
`Texas Bar No. 24106037
`Federal ID No. 3157999
`jgutierrez@gibbsbruns.com
`GIBBS & BRUNS, LLP
`1100 Louisiana Street, Suite 5300
`Houston, Texas 77002
`Telephone: (713) 650-8805
`
`Alistair B. Dawson
`Texas Bar No. Bar No. 05596100
`Federal Bar I.D. 12864
`adawson@beckredden.com
`Michael E. Richardson
`Texas Bar No. Bar No. 24002838
`Federal Bar I.D. 23630
`mrichardson@beckredden.com
`Garrett S. Brawley
`Texas Bar No. 24095812
`Federal Bar I.D. 3311277
`gbrawley@beckredden.com
`Patrick Redmon
`Texas Bar I.D. 24110258
`Federal Bar I.D. 3367321
`predmon@beckredden.com
`BECK REDDEN LLP
`1221 McKinney St., Suite 4500
`Houston, Texas 77010-2010
`
`10
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`Exhibit 1007
`Page 10 of 11
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`
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`Telephone: (713) 951-3700
`Facsimile: (713) 951-3720
`
`Butch Boyd
`Texas Bar No. 00783694
`Federal Bar I.D. 23211
`butchboyd@butchboydlawfirm.com
`Jeremy R. Stone
`State Bar No. 24013577
`Jeremystone@butchboydlawfirm.com
`2905 Sackett Street
`Houston, TX 77098
`Phone: (713) 589-8477
`Fax:(713) 589-8563
`
`ATTORNEYS FOR PLAINTIFF
`GUI GLOBAL PRODUCTS, LTD. D/B/A
`GWEE
`
`
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing instrument, with the
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`referenced charts and referenced documents (via FTP link), was served on all counsel of record
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`via email on November 6, 2020.
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`/s/ John J. Edmonds
`John J. Edmonds
`
`
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`11
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`Exhibit 1007
`Page 11 of 11
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