Case 2:20-cv-00336 Document 1 Filed 10/16/20 Page 1 of 33 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`RFCyber CORP.,
`
`v.
`
`LG ELECTRONICS, INC.
`
`Plaintiff,
`
`Defendants.
`
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`Case No.
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, RFCyber Corp. (“RFCyber” or “Plaintiff”), files this original Complaint against
`
`Defendant LG Electronics, Inc. (“LG” or “Defendant”), for 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 LG is a corporation formed under the laws of the Republic of Korea,
`
`with its principal place of business at LG Twin Towers 20, Yeouido-Dong, Yeongdeungpo-Gu,
`
`Seoul, South Korea 150-721. Upon information and belief, LG does business in Texas, directly
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`and through intermediaries, and offers its products, and services, including those accused herein
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`of infringement, to customers and potential customers located in Texas, including in the judicial
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`Eastern District of Texas.
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`3.
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`Defendant has 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.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28
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`U.S.C. §§ 1331, 1332, 1338, and 1367.
`
`5.
`
`6.
`
`The amount in controversy exceeds $75,000.
`
`This Court has personal jurisdiction over Defendant. Defendant conducts business
`
`and has committed acts of patent infringement and/or has induced acts of patent infringement by
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`others in this Judicial District and/or has contributed to patent infringement by others in this
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`Judicial District, the State of Texas, and elsewhere in the United States.
`
`7.
`
`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 the Defendant is subject to personal jurisdiction in this Judicial District,
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`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. The Defendant, through its own acts,
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`makes, uses, sells, and/or offers to sell infringing products within this Judicial District, regularly
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`2 
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`does and solicits business in this Judicial District, and has the requisite minimum contacts with
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`the Judicial District such that this venue is a fair and reasonable one. Further, upon information
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`and belief, the Defendants have admitted or not contested proper venue in this Judicial District in
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`other patent infringement actions. Further, venue is proper in this Judicial District because the
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`Defendant is a foreign corporation formed under the laws of Korea with a principal place of
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`business in Korea.
`
`PATENTS-IN-SUIT
`
`8.
`
`On February 21, 2012, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,118,218 (the “’218 Patent”) entitled “Method and Apparatus for
`
`Providing Electronic Purse.” A true and correct copy of the ’218 Patent is available at
`
`https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=08118218.
`
`9.
`
`On May 28, 2013, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,448,855 (the “’855 Patent”) entitled “Method and Apparatus for
`
`Funding an Electronic Purse.” A true and correct copy of the ’855 Patent is available at
`
`https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=08448855.
`
`10.
`
`On November 17, 2015, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,189,787 (the “’787 Patent”) entitled “Method and Apparatus for
`
`Conducting E-Commence and M-Commence.” A true and correct copy of the ’787 Patent is
`
`available at https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=09189787.
`
`11.
`
`On January 19, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,240,009 (the “’009 Patent”) entitled “Mobile Devices for
`
`Commerce Over Unsecured Networks.” A true and correct copy of the ’009 Patent is available
`
`at https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=09240009.
`
`3 
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`12.
`
`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
`
`for Mobile Payments.” A true and correct copy of the ’046 Patent is available at
`
`https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=10600046.
`
`13.
`
`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
`
`enforce its rights to the Patents-in-Suit, including the filing of this patent infringement lawsuit.
`
`RFCyber also has the right to recover all damages for past, present, and future infringement of
`
`the Patents-in-Suit and to seek injunctive relief as appropriate under the law.
`
`INFRINGEMENT ALLEGATIONS
`
`14.
`
`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
`
`near field communications (“NFC”). For example, users may select one of a plurality of payment
`
`cards stored in a memory of the secure element, and carry out a transaction via NFC at a point of
`
`service (“POS”). In another embodiment, the device may securely conduct transactions over an
`
`open network with a payment server. By facilitating the settlement of charges using an NFC
`
`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
`
`would otherwise involve more than one contact between a merchant and consumer.
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`4 
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`15.
`
`LG has manufactured, used, marketed, distributed, sold, offered for sale, and
`
`exported from and imported into the United States devices and software that infringe the Patents-
`
`in-Suit. LG has distributed variants of LG Pay, LG PayQuick, and or LG Pay Perks that include
`
`functionality to emulate a payment card and settle a transaction via NFC and/or MST at least
`
`since July, 2017.1 LG Pay is operable on a range of LG devices, including at least all variants of
`
`the following LG devices: G7, G8, G8X, V35, V40, V50, V60, Velvet and all LG devices
`
`released since July, 2017.2 The current and previous versions of LG Pay and devices running LG
`
`Pay, alone and together, are non-limiting instances of the Accused Products. The Accused
`
`Products include, for example, the representative LG G8 ThinQ running LG Pay. The Accused
`
`Products practice the claims of the Patents-in-Suit to improve the shopping experience of their
`
`users, and to improve LG’s position in the market.
`
`16.
`
`LG’s infringement of the Patents-in-Suit is willful. LG continues to commit acts
`
`of infringement despite a high likelihood that its actions constitute infringement, and LG knew or
`
`should have known that its actions constituted an unjustifiably high risk of infringement.
`
`17.
`
`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 I
`(Infringement of the ’218 Patent)
`
`18.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
` 
`1 See https://www.androidcentral.com/lg-pay-now-available-us-nfc-and-magnetic-stripe-support.
`2 See https://www.pocket-lint.com/phones/news/lg/148731-lg-pay-launch-usa-g8-thinq;
`https://www.lg.com/us/lg-
`pay/faq#:~:text=LG%20Pay%20is%20supported%20on,with%20my%20two%20different%20p
`hones%3F.
`
`5 
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`19.
`
`RFCyber has not licensed or otherwise authorized LG to make, use, offer for sale,
`
`sell, or import any products that embody the inventions of the ’218 Patent.
`
`20.
`
`LG infringes, contributes to the infringement of, and/or induces infringement of
`
`the ’218 Patent by making, using, selling, offering for sale, distributing, 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.
`
`21.
`
`LG has directly infringed and continues to directly infringe the ’218 Patent, 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
`
`payment functionality implemented by LG Pay running on an LG device such as the
`
`representative LG G8 ThinQ. For example, these infrastructures infringe at least claim 1 of the
`
`’218 Patent.
`
`22.
`
`For example, LG has and continues to directly infringe at least claim 1 of the ‘218
`
`Patent by making, using, offering to sell, selling and/or importing into the United States products
`
`that implement a method for providing an e-purse, the method comprising: providing a portable
`
`device including or communicating with a smart card pre-loaded with an emulator configured to
`
`execute a request from an e-purse applet and provide a response the e-purse applet is configured
`
`to expect, the portable device including a memory space loaded with a midlet that is configured
`
`to facilitate communication between the e-purse applet and a payment server over a wireless
`
`network, wherein the e-purse applet is downloaded and installed in the smart card when the
`
`6 
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`smart card is in communication with the payment server, the portable device further includes a
`
`contactless interface that facilitates communication between the e-purse applet in the smart card
`
`and the payment server over a wired network; personalizing the e-purse applet by reading off
`
`data from the smart card to generate in the smart card one or more operation keys that are
`
`subsequently used to establish a secured channel between the e-purse applet and an e-purse
`
`security authentication module (SAM) external to the smart card, wherein said personalizing the
`
`e-purse applet comprises: establishing an initial security channel between the smart card and the
`
`e-purse SAM to install and personalize the e-purse applet in the smart card, and creating a
`
`security channel on top of the initial security channel to protect subsequent operations of the
`
`smart card with the e-purse SAM, wherein any subsequent operation of the emulator is
`
`conducted over the security channel via the e-purse applet.
`
`23.
`
`The Accused Products provide a portable device, such as the LG G8 ThinQ,
`
`including or communicating with a smart card pre-loaded with an emulator configured to execute
`
`a request from an e-purse applet and provide a response the e-purse applet is configured to
`
`expect. For example, the LG G8 ThinQ includes or communicates with a smart card such as an
`
`NFC module, and/or assembly of an NFC module, secure element, processor, microcontroller,
`
`and/or memory, such as an NFC Controller. On information and belief, the smart card (e.g. NFC
`
`module) of the LG G8 ThinQ is pre-loaded with an emulator configured to execute a request
`
`from an e-purse applet, such as a payment card applet within LG Pay, and provide a response
`
`that the applet is configured to expect.3
`
`24.
`
`For example, Accused Products, such as the LG G8 ThinQ, include a memory
`
`space loaded with a midlet, such as in LG Pay, that is configured to facilitate communication
`
` 
`3 https://www.lg.com/us/lg-pay; https://www.ifixit.com/Device/LG_G8_ThinQ.
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`7 
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`between the e-purse applet, such as a payment card stored on the product, and a payment server,
`
`such as a merchant and/or financial institution payment server, over a wireless network. For
`
`example, on information and belief, the LG G8 ThinQ comprises memory such as RAM, ROM,
`
`Flash, and/or EEPROM, including in both the NFC module and secure element.4 For example,
`
`on information and belief, the secure element of the NFC Controller included and utilized by the
`
`LG G8 ThinQ running LG Pay further comprises a memory such as RAM, ROM, Flash, and/or
`
`EEPROM.
`
`25.
`
`The Accused Products further perform a method wherein the e-purse applet is
`
`downloaded and installed in the smart card when the smart card is in communication with the
`
`payment server. For example, the LG G8 ThinQ running LG Pay operates to download and
`
`install a payment card applet when the NFC module is in communication with the payment
`
`institution’s server.5
`
`26.
`
`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 LG G8 ThinQ 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 connected to a
`
`payment server via wired network.
`
`27.
`
`The Accused Products further personalize the e-purse applet (e.g. payment card
`
`applet within LG 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 secured
`
`channel between the e-purse applet and an e-purse security authentication module (SAM)
`
` 
`4 https://www.lg.com/us/mobile-phones/g8-thinq/specs.
`5 See https://www.androidauthority.com/lg-pay-1103402/.
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`8 
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`external to the smart card. For example, on information and belief, LG 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.6
`
`28.
`
`The Accused Products further practice a method wherein personalizing the e-
`
`purse applet (e.g. configuring the payment card applet within LG Pay) comprises establishing an
`
`initial security channel between the smart card and the e-purse SAM to install and personalize
`
`the e-purse applet in the smart card. For example, on information and belief, LG 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.
`
`29.
`
`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
`
`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.
`
`30.
`
`LG has had knowledge and notice of the ’218 Patent at least as of the filing of the
`
`Complaint.
`
`31.
`
`LG 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 LG’s customers and end-users, in this District and elsewhere in the United States.
`
`6 Id.
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` 
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`9 
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`For example, LG’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. LG
`
`induces this direct infringement through its affirmative acts of manufacturing, selling,
`
`distributing, and/or otherwise making available
`
`the Accused Products, and providing
`
`instructions, documentation, and other information to customers and end-users suggesting that
`
`they use the Accused Products in an infringing manner, including technical support, marketing,
`
`product manuals, advertisements, and online documentation. Because of LG’s inducement, LG’s
`
`customers and end-users use the Accused Products in a way LG intends and they directly
`
`infringe the ’218 Patent. LG performs these affirmative acts with knowledge of the ’218 Patent
`
`and with the intent, or willful blindness, that the induced acts directly infringe the ’218 Patent.
`
`32.
`
`LG has indirectly infringed and continues to indirectly infringe one or more
`
`claims of the ’218 Patent, as provided by 35 U.S.C. § 271(c), by contributing to direct
`
`infringement by others, such as customers and end-users, in this District and elsewhere in the
`
`United States. LG’s affirmative acts of selling and offering to sell the Accused Products in this
`
`District and elsewhere in the United States and causing the Accused Products to be
`
`manufactured, used, sold and offered for sale contributes to others’ use and manufacture of the
`
`Accused Products such that the ’218 Patent is directly infringed by others. The accused
`
`components within the Accused Products are material to the invention of the ’218 Patent, are not
`
`staple articles or commodities of commerce, have no substantial non-infringing uses, and are
`
`known by LG to be especially made or adapted for use in the infringement of the ’218 Patent.
`
`LG performs these affirmative acts with knowledge of the ’218 Patent and with intent, or willful
`
`blindness, that they cause the direct infringement of the ’218 Patent.
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`33.
`
`Because of LG’s direct and indirect infringement of the ’218 Patent, RFCyber has
`
`suffered, and will continue to suffer, damages in an amount to be proved at trial.
`
`34.
`
`Because of LG’s direct and indirect infringement of the ’218 Patent, RFCyber has
`
`suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy at
`
`law, unless LG’s infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’787 Patent)
`
`35.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`36.
`
`RFCyber has not licensed or otherwise authorized LG to make, use, offer for sale,
`
`sell, or import any products that embody the inventions of the ’787 Patent.
`
`37.
`
`LG infringes, contributes to the infringement of, and/or induces infringement of
`
`the ’787 Patent by making, using, selling, offering for sale, distributing, exporting from, and/or
`
`importing into the United States products and/or methods covered by one or more claims of the
`
`’787 Patent, including, but not limited to, at least the Accused Products.
`
`38.
`
`LG has directly infringed and continues to directly infringe the ’787 Patent, 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 ’787 Patent. Upon
`
`information and belief, these products include the Accused Products that practice the methods
`
`and systems covered by the ’787 Patent, including, for example, card emulation and NFC
`
`payment functionality implemented by LG Pay running on an LG device such as the
`
`representative LG G8 ThinQ. For example, these infrastructures infringe at least claim 1 of the
`
`’787 Patent.
`
`11 
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`39.
`
`For example, LG has and continues to directly infringe at least claim 1 of the ‘787
`
`Patent by making, using, offering to sell, selling and/or importing into the United States products
`
`that comprise a portable device for commerce, the portable device comprising an emulator
`
`loaded in a smart card module for storing security values and updated transaction logs, and an e-
`
`purse applet to cause the portable device to function as an electronic purse (e-purse), wherein
`
`both of the emulator and e-purse applet are already personalized via a personalization process
`
`built on a first security channel so that the emulator is set to store a set of keys for subsequent
`
`data access authentication and the e-purse applet is configured to conduct a transaction with a
`
`network server over a second security channel; a first interface configured to perform field
`
`communication (NFC) with a reader to perform electronic commerce with the e-purse applet
`
`against a fund stored in the emulator; a second interface configured to perform mobile commerce
`
`with a payment server via an application against the fund stored in the emulator; and a purse
`
`manager midlet being executed in the portable device to act as an agent to facilitate
`
`communications between the e-purse applet and a payment server to conduct transactions
`
`therebetween.
`
`40.
`
`The Accused Products comprise an emulator loaded in a smart card module for
`
`storing security values and updated transaction logs. For example, the LG G8 ThinQ comprises
`
`an NFC Module with an emulator, such as a host card emulator, for storing security values, such
`
`as device account number, operating keys and/or a tokenized card and cryptogram, and for
`
`updating transaction logs, such as via LG Pay. The accused products further comprise an e-purse
`
`applet, such as a payment card applet within LG Pay, to cause the portable device (e.g. the LG
`
`G8 ThinQ) to function as an electronic purse. For example, applets within LG Pay cause Android
`
`devices to carry out a transaction, such as via NFC.
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`12 
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`41.
`
`The Accused Products further comprise a portable device wherein both of the
`
`emulator (e.g. host card emulator of the NFC module) and e-purse applet (e.g. payment card
`
`applet) are already personalized via a personalization process built on a first security channel so
`
`that the emulator is set to store a set of keys for subsequent data access authentication and the e-
`
`purse applet is configured to conduct a transaction with a network server over a second security
`
`channel. For example, on information and belief, the emulator and applet of a LG G8 ThinQ
`
`running LG Pay are personalized during installation so that the emulator stores a set of keys (e.g.
`
`device account number, operating keys and/or a tokenized card and cryptogram) for subsequent
`
`access and authentication during transactions.
`
`42.
`
`The Accused Products further comprise a first interface configured to perform
`
`field communication (NFC) with a reader to perform electronic commerce with the e-purse
`
`applet against a fund stored in the emulator. For example, the LG G8 ThinQ comprises an NFC
`
`Module, such as an NFC Controller, including an NFC interface to perform electronic commerce
`
`with a card reader.
`
`43.
`
`The Accused Products further comprise a second interface configured to perform
`
`mobile commerce with a payment server via an application against the fund stored in the
`
`emulator. For example, on information and belief, the LG G8 ThinQ comprises a second
`
`interface to perform mobile commerce with a payment server, such as the payment server of an
`
`issuer and/or a merchant, against a fund stored in the emulator, such as a gift card fund stored in
`
`the emulator of an NFC module via the payment servers of LG Pay-enabled applications.7
`
`44.
`
`The Accused Products further comprise a purse manager midlet, such as LG Pay,
`
`being executed in the portable device to act as an agent to facilitate communications between the
`
` 
`7 See e.g. https://www.androidauthority.com/lg-pay-1103402/.
`
`13 
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`Case 2:20-cv-00336 Document 1 Filed 10/16/20 Page 14 of 33 PageID #: 14
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`e-purse applet and a payment server to conduct transactions therebetween. For example, on
`
`information and belief, the LG G8 ThinQ executes LG Pay to facilitate communications between
`
`payment cards (e.g. cards within an emulator and/or secure element of an NFC module) and a
`
`payment server (e.g. an issuer and/or merchant payment server) during transactions conducted
`
`via NFC and/or via LG Pay-enabled application.
`
`45.
`
`LG has had knowledge and notice of the ’787 Patent at least as of the filing of the
`
`Complaint.
`
`46.
`
`LG has indirectly infringed and continues to indirectly infringe one or more
`
`claims of the ’787 Patent, as provided by 35 U.S.C. § 271(b), by inducing infringement by
`
`others, such as LG’s customers and end-users, in this District and elsewhere in the United States.
`
`For example, LG’s customers and end-users directly infringe, either literally or under the
`
`doctrine of equivalents, through their use of the inventions claimed in the ’787 Patent. LG
`
`induces this direct infringement through its affirmative acts of manufacturing, selling,
`
`distributing, and/or otherwise making available
`
`the Accused Products, and providing
`
`instructions, documentation, and other information to customers and end-users suggesting that
`
`they use the Accused Products in an infringing manner, including technical support, marketing,
`
`product manuals, advertisements, and online documentation. Because of LG’s inducement, LG’s
`
`customers and end-users use the Accused Products in a way LG intends and they directly
`
`infringe the ’787 Patent. LG performs these affirmative acts with knowledge of the ’787 Patent
`
`and with the intent, or willful blindness, that the induced acts directly infringe the ’787 Patent.
`
`47.
`
`LG has indirectly infringed and continues to indirectly infringe one or more
`
`claims of the ’787 Patent, as provided by 35 U.S.C. § 271(c), by contributing to direct
`
`infringement by others, such as customers and end-users, in this District and elsewhere in the
`
`14 
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`Case 2:20-cv-00336 Document 1 Filed 10/16/20 Page 15 of 33 PageID #: 15
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`United States. LG’s affirmative acts of selling and offering to sell the Accused Products in this
`
`District and elsewhere in the United States and causing the Accused Products to be
`
`manufactured, used, sold and offered for sale contributes to others’ use and manufacture of the
`
`Accused Products such that the ’787 Patent is directly infringed by others. The accused
`
`components within the Accused Products are material to the invention of the ’787 Patent, are not
`
`staple articles or commodities of commerce, have no substantial non-infringing uses, and are
`
`known by LG to be especially made or adapted for use in the infringement of the ’787 Patent.
`
`LG performs these affirmative acts with knowledge of the ’787 Patent and with intent, or willful
`
`blindness, that they cause the direct infringement of the ’787 Patent..
`
`48.
`
`Because of LG’s direct and indirect infringement of the ’787 Patent, RFCyber has
`
`suffered, and will continue to suffer, damages in an amount to be proved at trial.
`
`49.
`
`Because of LG’s direct and indirect infringement of the ’787 Patent, RFCyber has
`
`suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy at
`
`law, unless LG’s infringement is enjoined by this Court.
`
`
`COUNT III
`(Infringement of the ’855 Patent)
`
`50.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`51.
`
`RFCyber has not licensed or otherwise authorized LG to make, use, offer for sale,
`
`sell, or import any products that embody the inventions of the ’855 Patent.
`
`52.
`
`LG infringes, contributes to the infringement of, and/or induces infringement of
`
`the ’855 Patent by making, using, selling, offering for sale, distributing, exporting from, and/or
`
`15 
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`importing into the United States products and/or methods covered by one or more claims of the
`
`’855 Patent, including, but not limited to, at least the Accused Products.
`
`53.
`
`LG has directly infringed and continues to directly infringe the ’855 Patent, 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 ’855 Patent. Upon
`
`information and belief, these products include the Accused Products that practice the methods
`
`and systems covered by the ’855 Patent, including, for example, card emulation and NFC
`
`payment functionality implemented by LG Pay running on an LG device such as the
`
`representative LG G8 ThinQ. For example, these infrastructures infringe at least claim 1 of the
`
`’855 Patent.
`
`54.
`
`For example, LG has and continues to directly infringe at least claim 1 of the ‘855
`
`Patent by making, using, offering to sell, selling and/or importing into the United States products
`
`that practice a method for funding an e-purse, the method comprising receiving a PIN from a
`
`user of a portable device, wherein the portable device is a near field communication (NFC)
`
`enabled device that includes a card module; initiating a request from a midlet embedde