`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`RFCyber CORP.,
`
`v.
`
`Plaintiff,
`
`SAMSUNG ELECTRONICS CO. LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.
`
`Defendants.
`
`§
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`§
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`Case No.
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`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, RFCyber Corp. (“RFCyber” or “Plaintiff”), files this original Complaint against
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`Defendants Samsung Electronics Co., Ltd. (“Samsung Electronics”) and Samsung Electronics
`
`America, Inc. (“Samsung Electronics America”) (collectively “Samsung” or “Defendants”), for
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`patent infringement under 35 U.S.C. § 271 and alleges as follows:
`
`THE PARTIES
`
`1.
`
`RFCyber is a Texas corporation with its principal place of business at 7300 Lone
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`Star Drive, Suite c200, Plano, TX 75024. RFCyber is the owner of all right, title, and interest in
`
`and to, or is the exclusive licensee with the right to sue for U.S. Patent Nos. 8,118,218,
`
`8,448,855, 9,189,787, 9,240,009, and 10,600,046 (the “Patents-in-Suit” or “Asserted Patents”).
`
`2.
`
`Defendant Samsung Electronics is a corporation organized and existing under the
`
`laws of the Republic of Korea, with its principal place of business at 129 Samsung-Ro,
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`Yeongtong-Gu, Suwon-Si, Gyeonggi-Do, 443-742, Republic of Korea. Upon information and
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`belief, Samsung Electronics does business in Texas, directly or through intermediaries, and
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`offers its products and/or services, including those accused herein of infringement, to customers
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`and potential customers located in Texas, including in the Judicial District of the Eastern District
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`of Texas.
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`3.
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`Defendant Samsung Electronics America is a corporation organized under the
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`laws of New York, with its principal place of business at 85 Challenger Road, Ridgefield Park,
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`NJ 07660. Upon information and belief, Samsung Electronics America has corporate offices in
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`the Eastern District of Texas at 1303 East Lookout Drive, Richardson, Texas 75082 and 2800
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`Technology Drive, Suite 200, Plano, Texas 75074. Samsung Electronics America has publicly
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`indicated that in early 2019, it would be centralizing multiple offices in a new location in the
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`Eastern District of Texas at the Legacy Central office campus,1 located at 6225 Declaration
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`Drive, Plano, Texas 75023. Samsung Electronics America may be served with process through
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`its registered agent CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-
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`3136.
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`4.
`
`Defendants have authorized sellers and sales representatives that offer and sell
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`products pertinent to this Complaint through the State of Texas, including in this Judicial
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`District, and to consumers throughout this Judicial District, such as: Best Buy, 422 West TX-281
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`Loop, Suite 100, Longview, Texas 75605; AT&T Store, 1712 East Grand Avenue, Marshall,
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`Texas 75670; Sprint Store, 1806 East End Boulevard North, Suite 100, Marshall, TX 75670; T-
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`Mobile, 900 East End Boulevard North, Suite 100, Marshall, TX 75670; Verizon authorized
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`retailers, including Russell Cellular, 1111 East Grand Avenue, Marshall, Texas 75670; Victra,
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`1006 East End Boulevard, Marshall, Texas 75670; and Cricket Wireless authorized retailer, 120
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`East End Boulevard South, Marshall, TX 75670.
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`1 https://news.samsung.com/us/samsung-electronics-america-open-flagship-north-texas-campus/,
`last accessed Apr. 29, 2019.
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`2
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`JURISDICTION AND VENUE
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`5.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action
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`pursuant to 28 U.S.C. §§ 1331, 1332, 1338, and 1367.
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`6.
`
`7.
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`The amount in controversy exceeds $75,000.
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`This Court has specific and personal jurisdiction over each of the Defendants
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`consistent with the requirements of the Due Process Clause of the United States Constitution and
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`the Texas Long Arm Statute. Upon information and belief, each Defendant has sufficient
`
`minimum contacts with the forum because each Defendant transacts substantial business in the
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`State of Texas and in this Judicial District. Further, each Defendant has, directly or through
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`subsidiaries or intermediaries, committed and continues to commit acts of patent infringement in
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`the State of Texas and in this Judicial District as alleged in this Complaint, as alleged more
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`particularly below.
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`8.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1400(b) and
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`1391(b) and (c) because each Defendant is subject to personal jurisdiction in this Judicial
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`District, has committed acts of patent infringement in this Judicial District, and has a regular and
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`established place of business in this Judicial District. Each Defendant, through its own acts
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`and/or through the acts of each other Defendant, makes, uses, sells, and/or offers to sell
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`infringing products within this Judicial District, regularly does and solicits business in this
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`Judicial District, and has the requisite minimum contacts with the Judicial District such that this
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`venue is a fair and reasonable one. Further, venue is proper in this Judicial District because
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`Samsung Electronics is a foreign corporation formed under the laws of Korea with a principal
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`place of business in Korea. Further, upon information and belief, the Defendants have admitted
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`or not contested proper venue in this Judicial District in other patent infringement actions.
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`PATENTS-IN-SUIT
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`9.
`
`On February 21, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,118,218 (the “’218 Patent”) entitled “Method and Apparatus for
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`Providing Electronic Purse.” A true and correct copy of the ’218 Patent is available at
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`https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=08118218.
`
`10.
`
`On May 28, 2013, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,448,855 (the “’855 Patent”) entitled “Method and Apparatus for
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`Funding an Electronic Purse.” A true and correct copy of the ’855 Patent is available at
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`https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=08448855.
`
`11.
`
`On November 17, 2015, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,189,787 (the “’787 Patent”) entitled “Method and Apparatus for
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`Conducting E-Commerce and M-Commerce.” A true and correct copy of the ’787 Patent is
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`available at https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=09189787.
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`12.
`
`On January 19, 2016, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,240,009 (the “’009 Patent”) entitled “Mobile Devices for
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`Commerce Over Unsecured Networks.” A true and correct copy of the ’009 Patent is available
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`at https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=09240009.
`
`13.
`
`On March 24, 2020, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,600,046 (the “’046 Patent”) entitled “Method and Apparatus
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`for Mobile Payments.” A true and correct copy of the ’046 Patent is available at
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`https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=10600046.
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`4
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`14.
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`RFCyber is the sole and exclusive owner of all right, title and interest to and in, or
`
`is the exclusive licensee with the right to sue for, the ’218, ‘855, ‘787, ‘009, and ‘046 Patents
`
`(together, the “Patents-in-Suit”), and holds the exclusive right to take all actions necessary to
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`enforce its rights to the Patents-in-Suit, including the filing of this patent infringement lawsuit.
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`RFCyber also has the right to recover all damages for past, present, and future infringement of
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`the Patents-in-Suit and to seek injunctive relief as appropriate under the law.
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`INFRINGEMENT ALLEGATIONS
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`15.
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`The technologies of the Patents-in-Suit were variously invented by Liang Seng
`
`Koh, Hsin Pan, Ziangzhen Zie, and Fuliang Cho. The Patents-in-Suit generally cover apparatus
`
`and methods for enabling secure contactless payment with a portable device. In one exemplary
`
`embodiment, a smart card module including a secure element may emulate a payment card over
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`near field communications (“NFC”). For example, users may select one of a plurality of payment
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`cards stored in a memory of the secure element, and carry out a transaction via NFC at a point of
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`service (“POS”). In another embodiment, the device may securely conduct transactions over an
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`open network with a payment server. By facilitating the settlement of charges using an NFC
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`mobile device to read off data pertaining to an electronic invoice, the inventions of the Patents-
`
`in-Suit provide significant time-savings, particularly in situations where a payment process
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`would otherwise involve more than one contact between a merchant and consumer.
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`16.
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`Samsung has manufactured, used, marketed, distributed, sold, offered for sale,
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`and exported from and imported into the United States devices and software that infringe the
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`Patents-in-Suit. Samsung has distributed variants of Samsung Pay and/or Samsung Pay Cash that
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`have included functionality to emulate a payment card and settle a transaction via NFC and/or
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`MST at least since September 2015.2 Samsung Pay is operable on a range of Samsung devices,
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`including at least all devices from the Galaxy S6 and above, including, at least all variants of the
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`following Samsung devices: Galaxy S20, S20+, S20 Ultra 5G, Galaxy Fold, Galaxy Z-Flip, Z-
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`Flip 5G, Galaxy Note 20, Note 20 Ultra, Note10, Note10+, Note10+ 5G, Note5, Galaxy S10e,
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`S10, S10+, Galaxy Note9, Galaxy S9, S9+, Galaxy Note8, Galaxy Note5, Galaxy S8, S8+,
`
`Galaxy S7, S7 edge, Galaxy S6, S6 edge, S6 edge+, S6 Active, Galaxy A90, Galaxy A80,
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`Galaxy A70, A71, A71 5G, Galaxy A50, A51, Galaxy A40, Galaxy A30, A31, Galaxy A20e,
`
`Galaxy A8, Galaxy A7, Galaxy A5, Galaxy J7, Galaxy J5 Pro, Galaxy Watch S3, Galaxy Watch
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`S2 Sport, Galaxy Watch S2 Classic, Gear S3 Frontier, Gear S3 Classic, Galaxy Watch Active2,
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`Galaxy Watch Active, Galaxy Watch, Gear Sport, Gear S3, and Gear S2, and all Samsung
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`devices released since September 2015.3 The current and previous versions of Samsung Pay and
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`devices running Samsung Pay, alone and together, are non-limiting instances of the Accused
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`Products. The Accused Products include, for example, the representative Samsung Galaxy S8
`
`running Samsung Pay and/or Samsung Pay Cash. The Accused Products practice the claims of
`
`the Patents-in-Suit to improve the shopping experience of their users, and to improve Samsung’s
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`position in the market.
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`17.
`
`Samsung’s infringement of the Patents-in-Suit is willful. Samsung continues to
`
`commit acts of infringement despite a high likelihood that its actions constitute infringement, and
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`2 See https://news.samsung.com/global/samsung-announces-launch-dates-for-groundbreaking-
`mobile-payment-service-samsung-pay.
`3 https://www.samsung.com/us/support/owners/app/samsung-pay;
`https://www.samsung.com/au/apps/samsungpay/#compatibility;
`https://www.samsung.com/levant/support/mobile-devices/samsung-pay-how-to-use-samsung-
`pay-application-on-my-s8-s8-plus/; https://www.pocket-lint.com/apps/news/samsung/132981-
`what-is-samsung-pay-how-does-it-work-and-which-banks-support-it.
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`6
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`Samsung knew or should have known that its actions constituted an unjustifiably high risk of
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`infringement.
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`18.
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`RFCyber has at all times complied with the marking provisions of 35 U.S.C. §
`
`287 with respect to the Patents-in-Suit. On information and belief, any prior assignees and
`
`licensees have also complied with the marking provisions of 35 U.S.C. § 287.
`
`COUNT 1
`(Infringement of the ’218 Patent)
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`Paragraphs 1 through 18 are incorporated herein by reference as if fully set forth
`
`19.
`
`in their entireties.
`
`20.
`
`RFCyber has not licensed or otherwise authorized Samsung to make, use, offer
`
`for sale, sell, or import any products that embody the inventions of the ’218 Patent.
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`21.
`
`Samsung infringes, contributes to the infringement of, and/or induces
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`infringement of the ’218 Patent by making, using, selling, offering for sale, distributing,
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`exporting from, and/or importing into the United States products and/or methods covered by one
`
`or more claims of the ’218 Patent, including, but not limited to, at least the Accused Products.
`
`22.
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`Samsung has directly infringed and continues to directly infringe the ’218 Patent,
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`either literally or under the doctrine of equivalents, without authority and in violation of 35
`
`U.S.C. § 271, by making, using, offering to sell, selling and/or importing into the United States
`
`products that satisfy each and every limitation of one or more claims of the ’218 Patent. Upon
`
`information and belief, these products include the Accused Products that practice the methods
`
`and systems covered by the ’218 Patent, including, for example, card emulation and NFC
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`payment functionality implemented by Samsung Pay running on an Samsung device, such as the
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`representative Samsung Galaxy S8. For example, these infrastructures infringe at least claim 1 of
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`the ’218 Patent.
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`7
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`23.
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`For example, Samsung has and continues to directly infringe at least claim 1 of
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`the ‘218 Patent by making, using, offering to sell, selling and/or importing into the United States
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`products that implement a method for providing an e-purse, the method comprising: providing a
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`portable device including or communicating with a smart card pre-loaded with an emulator
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`configured to execute a request from an e-purse applet and provide a response the e-purse applet
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`is configured to expect, the portable device including a memory space loaded with a midlet that
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`is configured to facilitate communication between the e-purse applet and a payment server over a
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`wireless network, wherein the e-purse applet is downloaded and installed in the smart card when
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`the smart card is in communication with the payment server, the portable device further includes
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`a contactless interface that facilitates communication between the e-purse applet in the smart
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`card and the payment server over a wired network; personalizing the e-purse applet by reading
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`off data from the smart card to generate in the smart card one or more operation keys that are
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`subsequently used to establish a secured channel between the e-purse applet and an e-purse
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`security authentication module (SAM) external to the smart card, wherein said personalizing the
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`e-purse applet comprises: establishing an initial security channel between the smart card and the
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`e-purse SAM to install and personalize the e-purse applet in the smart card, and creating a
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`security channel on top of the initial security channel to protect subsequent operations of the
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`smart card with the e-purse SAM, wherein any subsequent operation of the emulator is
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`conducted over the security channel via the e-purse applet.
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`24.
`
`The Accused Products provide a portable device, such as the Samsung Galaxy S8,
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`including or communicating with a smart card pre-loaded with an emulator configured to execute
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`a request from an e-purse applet and provide a response the e-purse applet is configured to
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`expect. For example, the Samsung Galaxy S8 includes or communicates with a smart card such
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`8
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`as an NFC module, and/or assembly of an NFC module, secure element, processor,
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`microcontroller, and/or memory, such as an NXP 80T71 NFC Controller. On information and
`
`belief, the smart card (e.g. NFC module) of the Samsung Galaxy S8 is pre-loaded with an
`
`emulator configured to execute a request from an e-purse applet, such as a payment card applet
`
`within Samsung Pay, and provide a response that the applet is configured to expect.
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`https://www.ifixit.com/Teardown/Samsung+Galaxy+S8+Teardown/87136
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`9
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`
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`NXP PN547 Near Field Communication (NFC) Datasheet
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`10
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`https://www.blackhat.com/docs/eu-17/materials/eu-17-Ma-How-Samsung-Secures-Your-Wallet-
`And-How-To-Break-It.pdf
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`25.
`
`For example, Accused Products, such as the Samsung Galaxy S8, include a
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`memory space loaded with a midlet, such as Samsung Pay, that is configured to facilitate
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`communication between the e-purse applet, such as a payment card stored on the product, and a
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`payment server, such as a merchant and/or financial institution payment server, over a wireless
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`network. For example, on information and belief, the Samsung Galaxy S8 comprises memory
`
`such as RAM, ROM, Flash, and/or EEPROM, including in both the NFC module and secure
`
`element. For example, on information and belief, the secure element of the NXP 80T71 NFC
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`Controller included and utilized by the Samsung Galaxy S8 running Samsung Pay further
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`comprises a memory such as RAM, ROM, Flash, and/or EEPROM
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`https://www.blackhat.com/docs/eu-17/materials/eu-17-Ma-How-Samsung-Secures-Your-Wallet-
`And-How-To-Break-It.pdf
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`The Accused Products further perform a method wherein the e-purse applet is
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`26.
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`downloaded and installed in the smart card when the smart card is in communication with the
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`payment server. For example, the Samsung Galaxy S8 running Samsung Pay operates to
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`12
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`download and install a payment card applet when the NFC module is in communication with the
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`payment institution’s server:
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`13
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`https://www.blackhat.com/docs/eu-17/materials/eu-17-Ma-How-Samsung-Secures-Your-Wallet-
`And-How-To-Break-It.pdf
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`
`27.
`
`The Accused Products further include a contactless interface that facilitates
`
`communication between the e-purse applet in the smart card and the payment server over a wired
`
`network. For example, on information and belief, the NFC module of the Samsung Galaxy S8
`
`includes a contactless NFC interface that facilitates communication between a payment card
`
`applet and a payment server over a wired network, such as via a payment card reader at a POS
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`connected to a payment server via wired network:4
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`4 https://developer.samsung.com/internet/android/web-payments-integration-guide.html
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`14
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`
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`
`
`NXP PN547 Near Field Communication (NFC) Datasheet
`28.
`The Accused Products further personalize the e-purse applet (e.g. payment card
`
`applet within Samsung Pay) by reading off data from the smart card (e.g. NFC Module) to
`
`generate in the smart card one or more operation keys that are subsequently used to establish a
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`secured channel between the e-purse applet and an e-purse security authentication module
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`15
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`(SAM) external to the smart card. For example, on information and belief, Samsung Pay
`
`establishes operations keys that operate to establish secure connections between a stored
`
`payment card and an authentication module at a server of the card issuer and/or merchant when
`
`adding a given card to the device for the first time, and/or subsequently during transactions:
`
`
`
`
`https://www.blackhat.com/docs/eu-17/materials/eu-17-Ma-How-Samsung-Secures-Your-Wallet-
`And-How-To-Break-It.pdf
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`29.
`
`The Accused Products further practice a method wherein personalizing the e-
`
`purse applet (e.g. configuring the payment card applet within Samsung Pay) comprises
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`establishing an initial security channel between the smart card and the e-purse SAM to install
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`and personalize the e-purse applet in the smart card. For example, on information and belief,
`
`Samsung Pay operates to establish a security channel with at least a card issuer server after a user
`
`enters details for a given payment card, and operates to install and personalize the applet in the
`
`smart card, such as to install the card with the user’s personal information in the secure element
`
`of a smart card module:
`
`
`
`Id.
`
`30.
`
`The Accused Products create a security channel on top of the initial security
`
`channel to protect subsequent operations of the smart card within the e-purse SAM, wherein any
`
`subsequent operation of the emulator is conducted over the security channel via the e-purse
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`applet. For example, on information and belief, once a payment card applet is installed, operation
`
`of the emulator is conducted via operation of the e-purse applet:
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`17
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`
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`Samsung has had knowledge and notice of the ‘218 Patent at least as of the filing
`
`31.
`
`of the complaint.
`
`32.
`
`Samsung has indirectly infringed and continues to indirectly infringe one or more
`
`claims of the ’218 Patent, as provided by 35 U.S.C. § 271(b), by inducing infringement by
`
`others, such as Samsung’s customers and end-users, in this District and elsewhere in the United
`
`States. For example, Samsung’s customers and end-users directly infringe, either literally or
`
`under the doctrine of equivalents, through their use of the inventions claimed in the ’218 Patent.
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`19
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`Case 2:20-cv-00335 Document 1 Filed 10/16/20 Page 20 of 54 PageID #: 20
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`Samsung induces this direct infringement through its affirmative acts of manufacturing, selling,
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`distributing, and/or otherwise making available the Accused Products, and providing
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`instructions, documentation, and other information to customers and end-users suggesting that
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`they use the Accused Products in an infringing manner, including technical support, marketing,
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`product manuals, advertisements, and online documentation. Because of Samsung’s inducement,
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`Samsung’s customers and end-users use the Accused Products in a way Samsung intends and
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`they directly infringe the ’218 Patent. Samsung performs these affirmative acts with knowledge
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`of the ’218 Patent and with the intent, or willful blindness, that the induced acts directly infringe
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`the ’218 Patent.
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`33.
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`Samsung has indirectly infringed and continues to indirectly infringe one or more
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`claims of the ’218 Patent, as provided by 35 U.S.C. § 271(c), by contributing to direct
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`infringement by others, such as customers and end-users, in this District and elsewhere in the
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`United States. Samsung’s affirmative acts of selling and offering to sell the Accused Products in
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`this District and elsewhere in the United States and causing the Accused Products to be
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`manufactured, used, sold and offered for sale contributes to others’ use and manufacture of the
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`Accused Products such that the ’218 Patent is directly infringed by others. The accused
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`components within the Accused Products are material to the invention of the ’218 Patent, are not
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`staple articles or commodities of commerce, have no substantial non-infringing uses, and are
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`known by Samsung to be especially made or adapted for use in the infringement of the ’218
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`Patent. Samsung performs these affirmative acts with knowledge of the ’218 Patent and with
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`intent, or willful blindness, that they cause the direct infringement of the ’218 Patent.
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`34.
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`Because of Samsung’s direct and indirect infringement of the ’218 Patent,
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`RFCyber has suffered, and will continue to suffer, damages in an amount to be proved at trial.
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`35.
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`Because of Samsung’s direct and indirect infringement of the ’218 Patent,
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`RFCyber has suffered, and will continue to suffer, irreparable harm for which there is no
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`adequate remedy at law, unless Samsung’s infringement is enjoined by this Court.
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`COUNT II
`(Infringement of the ’787 Patent)
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`36.
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`Paragraphs 1 through 18 are incorporated herein by reference as if fully set forth
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`in their entireties.
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`37.
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`RFCyber has not licensed or otherwise authorized Samsung to make, use, offer
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`for sale, sell, or import any products that embody the inventions of the ’787 Patent.
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`38.
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`Samsung infringes, contributes to the infringement of, and/or induces
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`infringement of the ’787 Patent by making, using, selling, offering for sale, distributing,
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`exporting from, and/or importing into the United States products and/or methods covered by one
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`or more claims of the ’787 Patent, including, but not limited to, at least the Accused Products.
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`39.
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`Samsung has directly infringed and continues to directly infringe the ’787 Patent,
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`either literally or under the doctrine of equivalents, without authority and in violation of 35
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`U.S.C. § 271, by making, using, offering to sell, selling and/or importing into the United States
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`products that satisfy each and every limitation of one or more claims of the ’787 Patent. Upon
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`information and belief, these products include the Accused Products that practice the methods
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`and systems covered by the ’787 Patent, including, for example, card emulation and NFC
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`payment functionality implemented by Samsung Pay running on an Samsung device, such as the
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`representative Samsung Galaxy S8. For example, these infrastructures infringe at least claim 1 of
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`the ’787 Patent.
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`40.
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`For example, Samsung has and continues to directly infringe at least claim 1 of
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`the ‘787 Patent by making, using, offering to sell, selling and/or importing into the United States
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`21
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`Case 2:20-cv-00335 Document 1 Filed 10/16/20 Page 22 of 54 PageID #: 22
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`products that comprise a portable device for commerce, the portable device comprising an
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`emulator loaded in a smart card module for storing security values and updated transaction logs,
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`and an e-purse applet to cause the portable device to function as an electronic purse (e-purse),
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`wherein both of the emulator and e-purse applet are already personalized via a personalization
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`process built on a first security channel so that the emulator is set to store a set of keys for
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`subsequent data access authentication and the e-purse applet is configured to conduct a
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`transaction with a network server over a second security channel; a first interface configured to
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`perform field communication (NFC) with a reader to perform electronic commerce with the e-
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`purse applet against a fund stored in the emulator; a second interface configured to perform
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`mobile commerce with a payment server via an application against the fund stored in the
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`emulator; and a purse manager midlet being executed in the portable device to act as an agent to
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`facilitate communications between the e-purse applet and a payment server to conduct
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`transactions therebetween.
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`41.
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`The Accused Products comprise an emulator loaded in a smart card module for
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`storing security values and updated transaction logs. For example, the Samsung Galaxy S8
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`comprises an NFC Module with an emulator, such as a host card emulator, for storing security
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`values, such as device account number, operating keys and/or a tokenized card and cryptogram,
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`and for updating transaction logs, such as via Samsung Pay:5
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`5 See https://support.Samsung.com/pay/answer/9231020;
`https://support.Samsung.com/pay/merchants/answer/6345242?hl=en/
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`Case 2:20-cv-00335 Document 1 Filed 10/16/20 Page 23 of 54 PageID #: 23
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`https://www.ifixit.com/Teardown/Samsung+Galaxy+S8+Teardown/87136
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`Case 2:20-cv-00335 Document 1 Filed 10/16/20 Page 24 of 54 PageID #: 24
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`NXP PN547 Near Field Communication (NFC) Datasheet
`See e.g. Samsung Pay screen capture depicting updated transaction logs:
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`
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`Source: https://www.samsung.com/us/support/answer/ANS00044981/
`42.
`The accused products further comprise an e-purse applet, such as a payment card
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`applet within Samsung Pay, to cause the portable device (e.g. the Samsung Galaxy S8) to
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`24
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`Case 2:20-cv-00335 Document 1 Filed 10/16/20 Page 25 of 54 PageID #: 25
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`function as an electronic purse. For example, applets within Samsung Pay cause Android devices
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`to carry out a transaction, such as via NFC:
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`
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`https://www.blackhat.com/docs/eu-17/materials/eu-17-Ma-How-Samsung-Secures-Your-Wallet-
`And-How-To-Break-It.pdf
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`The Accused Products further comprise a portable device wherein both of the
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`43.
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`emulator (e.g. host card emulator of the NFC module) and e-purse applet (e.g. payment card
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`applet) are already personalized via a personalization process built on a first security channel so
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`that the emulator is set to store a set of keys for subsequent data access authentication and the e-
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`purse applet is configured to conduct a transaction with a network server over a second security
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`channel. For example, on information and belief, the emulator and applet of a Galaxy S8 running
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`Samsung Pay are personalized during installation so that the emulator stores a set of keys (e.g.
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`device account number, operating keys and/or a tokenized card and cryptogram) for subsequent
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`access and authentication during transactions.
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`Case 2:20-cv-00335 Document 1 Filed 10/16/20 Page 26 of 54 PageID #: 26
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`
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`https://www.blackhat.com/docs/eu-17/materials/eu-17-Ma-How-Samsung-Secures-Your-Wallet-
`And-How-To-Break-It.pdf
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`The Accused Products further comprise a first interface configured to perform
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`44.
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`field communication (NFC) with a reader to perform electronic commerce with the e-purse
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`applet against a fund stored in the emulator. For example, the Samsung Galaxy S8 comprises an
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`NFC Module, such as an NXP 80T71 NFC Controller, including an NFC interface to perform
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`electronic commerce with a card reader.
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`26
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`Case 2:20-cv-00335 Document 1 Filed 10/16/20 Page 27 of 54 PageID #: 27
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`45.
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`The Accused Products further comprise a second interface configured to perform
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`mobile commerce with a pa