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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`MemoryWeb, LLC,
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`Plaintiff,
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` vs.
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`Apple, Inc.,
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`Defendant.
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`
`
`Case No. 6:21-cv-00531
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`Jury Trial Demanded
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`Amended Complaint
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`Plaintiff MemoryWeb, LLC (“Plaintiff” or “MemoryWeb”) by its attorneys, as and
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`for its Complaint against Defendant Apple, Inc. (“Defendant” or “Apple”) states and
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`alleges as follows:
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`NATURE OF THE ACTION
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`This is an action for patent infringement arising under the patent laws of
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`the United States, 35 U.S.C. § 1 et seq., including 35 U.S.C. §§ 271, 281, 283, 284 and 285.
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`THE PARTIES
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`1.
`2. MemoryWeb is a corporation existing and organized under the laws of the
`3.
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`state of Illinois. MemoryWeb has its principal place of business at 526 Crescent Blvd.
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`Suite 233, Glen Ellyn, Illinois.
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`Apple is a corporation existing and organized under the laws of the State
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`of California. Apple has its principal place of business at One Apple Park Way
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`Cupertino, California. Apple maintains one or more regular and established places of
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`business in the Western District of Texas, including at least at: 3121 Palm Way, Austin,
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`Texas; 2901 S. Capital of Texas Hwy., Austin, Texas; 12535 Riata Vista Circle and 5501
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`West Parmer Lane, Austin, Texas; 8401 Gateway Boulevard West, El Paso, Texas; 15900
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`La Cantera Parkway, San Antonio, Texas; and 7400 San Pedro Ave., San Antonio, Texas.
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`Apple may be served with process through its registered agent in the state of Texas: CT
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`Corporation, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
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`4.
`5.
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`JURISDICTION AND VENUE
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`This action arises under the patent laws of the United States of America,
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`Title 35 of the United States Code. Accordingly, this Court has jurisdiction over the
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`subject matter of this action under 28 U.S.C. §§ 1331 and 1338.
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`This Court has personal jurisdiction over Apple under the United States
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`Constitution, the laws of the State of Texas, including Texas’s long-arm statute, and the
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`Federal Rules of Civil Procedure. Apple has sufficient minimum contacts with this
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`District, through at least its places of business at the addresses identified above, its acts
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`of infringement within this District, and has continuously and systematically solicited
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`and transacted business in this District such that this Court has personal jurisdiction
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`over Apple.
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`6.
`7.
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`Apple is registered to do business in the State of Texas.
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`Venue is proper in this District under 28 U.S.C. § 1391 and 28 U.S.C. §
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`1400(b) because Apple has one or more regular and established places of business
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`within this District and has committed acts of infringement in the District directly or
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`indirectly—including through subsidiaries or intermediaries such as distributors,
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`retailers, and contract manufacturers; by conducting its business extensively
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`throughout the District by shipping, manufacturing, distributing, offering for sale,
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`selling, and advertising infringing products (including the associated software and
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`operating systems) and services which practice one or more claimed methods in the
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`Asserted Patents (“Accused Instrumentalities”); and by purposefully and voluntarily
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`placing Accused Instrumentalities into this District and into the stream of commerce
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`with the intention and expectation that they will be purchased and used in an infringing
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`manner by consumers in this District. On information and belief, Apple also uses
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`Accused Instrumentalities in this District.
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`Apple markets, sells, and offers to sell Accused Instrumentalities to actual
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`8.
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`9.
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`and potential customers and end-users located in the District including through its
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`operation of retail stores in the District. Retail Apple Stores in this District include at
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`least the following locations: 3121 Palm Way, Austin, Texas; 2901 S. Capital of Texas
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`Hwy., Austin, Texas; 8401 Gateway Boulevard West, El Paso, Texas; 15900 La Cantera
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`Parkway, San Antonio, Texas; and 7400 San Pedro Ave., San Antonio, Texas. Ex. 5.
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`Apple also authorizes numerous third parties to sell infringing products
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`in this District and advertises these locations on its website. For example, there are at
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`least 99 Apple Shops in Austin, Texas authorized by Apple to sell iPhone and iPad
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`products and at least 33 Apple Shops in Austin, Texas authorized by Apple to sell Mac
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`products. Ex. 6; Ex. 7. There are at least 99 Apple Shops in San Antonio, Texas
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`authorized by Apple to sell iPhone and iPad products and at least 28 Apple Shops in
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`San Antonio, Texas authorized by Apple to sell Mac products. Ex. 8; Ex. 9. There are at
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`least 99 Apple Shops in Waco, Texas authorized by Apple to sell iPhone and iPad
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`products and at least 48 Apple Shops in Waco, Texas authorized by Apple to sell Mac
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`products. Ex. 10; Ex. 11.
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`10. On information and belief, Apple has derived substantial revenue from
`11. Apple employs thousands employees in this District in a variety of
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`infringing acts in the Western District of Texas, including from the sale and use of
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`Accused Instrumentalities.
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`capacities, including at least the manufacturing of one or more Accused
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`Instrumentalities, such as the Mac Pro product. Ex. 12. As of November 2019, Apple
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`employed approximately 7,000 employees in this District and had invested over $200
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`million in its Austin facility. Id. Apple’s website lists hundreds of job openings in
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`Austin and the Austin metro area, including in the software and services, design,
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`operations and supply chain, marketing, and sales and business development teams.
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`Ex. 13. 12. On or around November 20, 2019, Apple announced that it had broken
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`ground on a new $1 billion, 3 million square foot campus in Austin that will start with
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`5,000 new employees and is anticipated to grow to as many as 15,000 employees. Ex.
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`12. Upon completion, Apple’s Austin facility will be its second-largest campus in the
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`world outside of its Cupertino headquarters.
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`13. Apple is planning to build a 192-room hotel as part of its Austin campus,
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`which appears scheduled for completion in 2022. Ex. 14. On information and belief,
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`Apple intends for Apple employees traveling to Austin for business to stay at this hotel.
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`14.
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`There is significant local interest in this District due to Apple’s long-
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`standing relationship with and presence in the Austin area. Apple is one of the largest
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`private employers in this District and is the largest private employer in Austin, Texas.
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`On information and belief, Apple has or will receive millions of dollars in incentives in
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`this District from state and local governments in exchange for its investments and
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`continued employment of individuals in this District, including taxpayer-funded grants
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`from the Texas Enterprise Fund and a significant property tax cut from Williamson
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`County. On information and belief, Apple would not have invested in and expanded
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`its presence in this District, including its manufacturing of certain Accused
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`Instrumentalities, without these taxpayer-funded incentives.
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`BACKGROUND
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`MemoryWeb’s Innovative Technology
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`15. MemoryWeb was founded in 2014 by Christopher J. Desmond, Nancy L.
`16.
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`Desmond, and L. Michael Taylor (“the Founders”).
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`The Founders were avid curators of photographs, possessing stockpiles of
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`17.
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`digital and print photographs that they wanted to preserve and share (e.g., family
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`photos and photos from other memorable events in their lives). The Founders
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`recognized that the then-available technology was not able to manage, organize, and
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`display their photos and related information in efficient and intuitive ways.
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`Recognizing the drawbacks and limitations on prior attempts to manage,
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`organize, and display digital photographs and related information, the Founders set out
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`to develop an application that, among other things, would allow users to explore their
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`libraries of photos using a variety of methodologies for more efficient digital file
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`organization and displaying digital files using intuitive views, such as a location view
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`and a people view.
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`18.
`19.
`20.
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`The Founders chose the name “MemoryWeb” for their solution in
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`recognition of the fact that memories are not just represented by photos alone, but by a
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`web of information interconnecting those photos.
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`The MemoryWeb application was launched in October 2016 and is
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`presently available as a web application or as a native application for the Apple iOS and
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`Android operating system platforms.
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`The MemoryWeb application organizes and displays photos and related
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`information using a variety of intuitive views, such as a “Location view” and a “People
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`view.” For example, as shown in the images below, the MemoryWeb application can
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`group photos by location using thumbnail images displayed on an interactive map.
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`21.
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`The map is interactive in that a user can, among other things, “zoom-in”
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`or “zoom-out” to view photographs at a particular location on the geographic map. For
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`example, as shown in the images below, a user can zoom-in to expand the map towards
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`a particular in Europe, for example.
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`22.
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`By selecting one of the thumbnail images on the interactive map, the user
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`can navigate to a location view including the location name and the photographs taken
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`at that location, for example, as shown in the image below.
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`23.
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`The MemoryWeb application also organizes and displays photos and
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`related information in an intuitive manner based on the people in the photos. The
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`MemoryWeb application utilizes facial recognition technology to automatically identify
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`people in photographs. An exemplary People View including thumbnail images and
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`person names is shown in the image below.
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`24.
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`By clicking one of the thumbnail images associated with a particular
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`individual, the user can navigate to a “Person view” including images of the selected
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`person.
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`25. MemoryWeb’s efforts in developing innovative digital file organization
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`and display technology has resulted in the issuance of six issued U.S. patents (including
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`the patents asserted in this Complaint), with additional patents pending.
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`26. MemoryWeb asserts four patents in this Complaint for patent
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`The Asserted Patents
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`infringement: U.S. Patent No. 9,552,376, U.S. Patent No. 10,423,658, U.S. Patent No.
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`“Asserted Patents” herein.
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`10,621,228, and U.S. Patent No. 11,017,020. These patents are collectively referred to the
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`27. MemoryWeb is presently the owner of the entire right, title, and interest in
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`and to each of the Asserted Patents, and has the exclusive right to sue for and recover
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`all past, present, and future damages for infringement of the Asserted Patents.
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`A.
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`U.S. Patent No. 9,552,376
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`28. On January 24, 2017, the United States Patent and Trademark Office duly
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`and legally issued U.S. Patent No. 9,552,376 (“the ‘376 patent”), entitled “Method and
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`Apparatus for Managing Digital Files.” A true and correct copy of the ‘376 patent is
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`attached hereto as Exhibit 1.
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`The ‘376 patent is currently in full force and effect.
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`29.
`30. Apple cited U.S. Patent Publication No. 2014/0181089—the publication of
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`the application leading to the ‘376 patent (which is related to the other Asserted
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`Patents)—during prosecution of U.S. Patent Application Nos. 16/450,531, 16/109,487,
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`16/219,602, 16/219,661, 15/418,537, 16/402,057, 15/881,544, 15/713,490, 15/391,276,
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`15/687,384, 15/275,294, 14/253,783, and 14/501,015, each of which identifies Apple, Inc.
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`as the applicant and/or assignee.
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`B.
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`U.S. Patent No. 10,423,658
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`31. On September 24, 2019, the United States Patent and Trademark Office
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`duly and legally issued U.S. Patent No. 10,423,658 (“the ‘658 patent”), entitled “Method
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`and Apparatus for Managing Digital Files.” A true and correct copy of the ‘658 patent
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`32.
`33. On April 14, 2020, the United States Patent and Trademark Office duly
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`is attached hereto as Exhibit 2.
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`The ‘658 Patent is currently in full force and effect.
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`C.
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`U.S. Patent No. 10,621,228
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`and legally issued U.S. Patent No. 10,621,228 (“the ‘228 patent”), entitled “Method and
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`Apparatus for Managing Digital Files.” A true and correct copy of the ‘228 patent is
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`34.
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`attached hereto as Exhibit 3.
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`The ‘228 patent is currently in full force and effect.
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`D.
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`U.S. Patent No. 11,017,020
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`35. On May 25, 2021, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 11,017,020 (“the ‘020 patent”), entitled “Method and
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`Apparatus for Managing Digital Files.” A true and correct copy of the ‘020 patent is
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`attached hereto as Exhibit 4.
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`36.
`37.
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`The ‘020 patent is currently in full force and effect.
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`The Technological Improvement Needed for Managing, Organizing and
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`E.
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`Displaying Digital Files
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`Prior to the advent of digital photography, printed photographs were
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`typically preserved and displayed in frames or photo albums. In order to capture
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`relevant information about these photographs, people would often inscribe information
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`on the back of printed photographs to associate that photograph with a particular
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`memory or occasion. For example, information such as the identification of individuals
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`pictured, and the date and location the photograph was taken may be inscribed on the
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`back of the printed photograph. People might also assemble photo albums or slides for
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`memories or events.
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`a particular memory or event so as to associate or link certain photographs with those
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`38. As the use of personal electronic devices with cameras (e.g., smartphones)
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`exploded, consumers continued to create and store an ever-expanding number of
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`digital photos and videos. The cameras embedded in such devices have evolved to the
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`point where many consumers use the smartphone as their primary, or only, camera.
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`Indeed, many smartphone manufacturers tout camera features in advertising as a key
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`selling point.
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`39. While such devices and other services allowed the storage and retrieval of
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`digital photos and videos, effective methods for efficiently and intuitively organizing,
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`locating and displaying digital files—or subsets of those files—did not exist prior to the
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`inventions disclosed in the Asserted Patents. Consumers seeking to find, view or
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`display a particular photo within a vast library of photos would often need to search
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`through large and complex interfaces by, for instance, scrolling through a photo library
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`of thousands of pictures taken over months or years to find a particular photo from a
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`particular time or event.
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`The Asserted Patents recognized a need for systems and methods that
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`40.
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`41.
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`“allow[] people to organize, view, preserve these files with all the memory details
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`captured, connected and vivified via an interactive interface.” Ex. 1 (‘376 patent) at
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`1:54-58. To address these and other problems, the Asserted Patents disclose and claim,
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`among other things, methods for intuitively organizing and displaying digital files such
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`as digital photographs and videos.
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`For example, the Asserted Patents disclose and claim a map view
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`including an interactive map. Referring to FIG. 41 of the ‘376 patent (reproduced
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`below), a map view including an interactive map can be displayed. “In this view,
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`individual or groups of Digital Files are illustrated as photo thumbnails (see indicators
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`0874 and 0875)) on the map and the user can select the thumbnail to see all the Digital
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`Files with the same location (as seen FIG. 34 (indicator 1630)) or the user can use the
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`interactive map and narrow the map view by either using the Zoom in/Zoom out bar
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`(0876) on the left or simply selecting the map.” ‘376 patent at 29:33-40.
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`42. As shown in FIG. 41, each thumbnail image includes an indication of the
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`number of digital files, such as photos and/or videos, at the associated location. Id. at
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`29:40-42. In the example shown in FIG. 41, the indication on thumbnail 0874 indicates 1
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`digital file associated with that location and the indication on thumbnail 0875 indicates
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`3 digital files associated with that location.
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`43.
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`The map view disclosed in the Asserted Patents allows users to efficiently
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`and intuitively locate one or more digital files, such as photographs and/or videos,
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`based on the location where file was generated. The map view also allows a user to
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`intuitively visualize where digital files within the user’s library were generated, and the
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`relative number of digital files generated at given locations.
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`44. As described in the specification, the interactive map in the map view
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`allows users to zoom in and out to view digital files at certain locations with varying
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`levels of specificity. ‘376 patent at 37-40. For instance, when zoomed out as shown in
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`FIG. 41, the user may see thumbnail image 0874 in North America and thumbnail image
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`0875 in Europe on the interactive map. By zooming in (e.g., generally on the North
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`America portion of the map), the user can narrow the map view and may see additional
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`thumbnail images. Zooming in further on, for example, a particular city, the user may
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`see one or more thumbnail images in a downtown area and one or more thumbnail
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`images in a suburban area. In this way, the map view disclosed in the Asserted Patents
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`45.
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`allows users to efficiently and intuitively locate digital files based on location.
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`The Asserted Patents also disclose one or more location views for
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`organizing and displaying digital files. FIG. 34 (reproduced below) illustrates an
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`exemplary location view.
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`46.
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`The location views disclosed in the Asserted Patents allow users to
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`efficiently and intuitively locate digital files associated with a particular location. The
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`“Multiple Location Application View” shown in FIG. 34 “is used to display all the
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`locations that were created within the user’s Application (1600).” ‘376 patent at 24:3-6.
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`In the “Single Location Application View” shown in FIG. 34, “a single location (1630) is
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`illustrated,” which includes “[t]he individual location name” and “[t]humbnails of each
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`Digital File within the specification collection.” Id. at 24:24-28. Additionally, “an
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`interactive map displaying a Zoomed-in image of the specific location is displayed
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`(1635).” Id. at 24:39-41.
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`47.
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`The Asserted Patents additionally disclose one or more people views for
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`organizing digital files based on associated people. For example, referring to FIG. 32
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`(reproduced below), the people view includes a plurality of people selectable thumbnail
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`images. Selecting one of the thumbnail images in the people view causes a person view
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`(shown below with annotations in color) to be displayed that includes the name of the
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`selected person and at least one digital file associated with that person.
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`48. As illustrated by at least the foregoing examples, the Asserted Patents are
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`directed to improved user interfaces for computing devices. More specifically, the
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`Asserted Patents are directed to a particular manner of summarizing and presenting
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`particular sets of digital files such as photos and/or videos on computing devices. For
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`example, a user might be looking for one photograph out of tens of thousands, but
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`knows that the photograph was taken while on vacation in Florida. The user can more
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`easily retrieve that photo by navigating to Florida on the interactive map. As another
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`example, the user knows that one of her siblings was in the photograph, and can more
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`easily retrieve the photograph through the people view. In at least these ways, the
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`Asserted Patents provide highly intuitive, user-friendly interfaces for navigating
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`through many (e.g., hundreds or thousands) of files to find a particular file.
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`APPLE INFRINGES MEMORYWEB’S PATENTS
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`49. Apple has infringed MemoryWeb’s valuable and proprietary intellectual
`50.
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`property, including at least the patents asserted in this Complaint. Apple is using
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`MemoryWeb’s patented technology without a license or MemoryWeb’s permission.
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`In particular and as described below, Apple makes, uses, sells, offers to
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`sell, and imports multiple software operating systems including a photo application for
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`organizing and displaying digital files such as photos and videos. Apple also makes,
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`uses, sells, offers to sell, and imports one or more products including on which such
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`operating systems are installed. The Accused Instrumentalities include, collectively,
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`the products incorporating the operating systems discussed herein.
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`51.
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`A. Apple’s macOC Software/Operating System and Related Products
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`For instance, Apple’s macOS software includes a photo application that
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`organizes and displays photos and videos according the methods claimed in the
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`Asserted Patents. By way of representative example only, Apple macOS 11.0 (Big Sur)
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`displays a map view including an interactive map with thumbnail images. The images
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`below, including the text accompanied by the image, appear in Apple’s Photos User
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`Guide.
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`52. Each thumbnail image in the map view includes an indication of the
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`Ex. 15
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`number of photos taken at the associated location.
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`53. As a second example, Apple macOS 11.0 (Big Sur) displays one or more
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`Ex. 15
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`people views including thumbnail images associated with different people.
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`54. As a third example, Apple macOS 11.0 (Big Sur) organizes photos and
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`Ex. 16
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`videos by date, month, and year.
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`55. Other versions of the Apple macOS software include the same or similar
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`Ex. 17
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`digital file organization and display features and capabilities, including at least macOS
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`10.15 (Catalina), macOS 10.14 (Mojave), and macOS 10.13 (High Sierra).
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`Case 6:21-cv-00531-ADA Document 14 Filed 08/13/21 Page 21 of 40
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`56. On information and belief, at the least the following Apple products
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`include and use the Apple macOS software versions described above or substantially
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`similar versions: MacBook Air (including, but not limited to, the MacBook Air (M1,
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`2020), MacBook Air (Retina, 2020), MacBook Air (Retina, 2019), MacBook Air (Retina,
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`2018), and MacBook Air (2017) models), MacBook Pro (including, but not limited to the
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`MacBook Pro 16-inch (2019), MacBook Pro 15-inch (2019), MacBook Pro 15-inch (2018),
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`MacBook Pro 15-inch (2017), MacBook Pro 15-inch (2016), MacBook Pro 13-in. (M1,
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`2020), MacBook Pro 13-inch (2020, four ports), MacBook Pro 13-inch (2019, four ports),
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`MacBook Pro 13-inch (2018, four ports), MacBook Pro 13-inch (2017, four ports),
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`MacBook Pro 13-inch (2016, four ports), MacBook Pro 13-in. (2020, two ports),
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`MacBook Pro 13-in. (2019, two ports), MacBook Pro 13-inch (2017, two ports), MacBook
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`Pro 13-inch (2016, two ports) models), iMac (including, but not limited to, the iMac
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`21.5-in. (Retina 4K), iMac 27-in. (Retina 5K), iMac Pro, Mac mini (M1, 2020), and Mac
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`mini (2018) models), and Mac Pro. On information and belief, additional Apple
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`products are compatible with and use the Apple macOS software versions described
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`the Accused Instrumentalities.
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`above, or substantially similar versions. Each product identified above is included in
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`57. On information and belief, Apple manufactures in Austin, Texas certain
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`Accused Instrumentalities, such as the Mac Pro products, that include or use one or
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`more of the aforementioned macOS software versions.
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`B. Apple’s iOS Software/Operating System and Related Products
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`21
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`Case 6:21-cv-00531-ADA Document 14 Filed 08/13/21 Page 22 of 40
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`58. Apple’s iOS software also includes a photo application that organizes and
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`displays photos and videos according to methods claimed in the Asserted Patents. By
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`way of representative example only, Apple iOS 14 displays a map view including an
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`interactive map. The images and descriptions reproduced below appear in Apple’s
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`iPhone User Guide.
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`59. Apple iOS software also allows a user to swipe up on an individual photo
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`Ex. 18
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`
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`to view a map image showing where that photo was taken.
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`60. As a second example, Apple iOS 14 displays one or more people views
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`Ex. 18
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`including thumbnail images associated with different people.
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`Case 6:21-cv-00531-ADA Document 14 Filed 08/13/21 Page 23 of 40
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`Ex. 19
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`Ex. 20
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`23
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`Case 6:21-cv-00531-ADA Document 14 Filed 08/13/21 Page 24 of 40
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`
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`61. As a third example, Apple iOS 14 organizes photos and videos by date,
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`Ex. 21
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`month, and year.
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`Ex. 22
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`
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`62. Other versions of the Apple iOS software include the same or similar
`63. On information and belief, at least the following Apple products include
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`digital file organization and display features and capabilities, including at least iOS 13,
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`iOS 12, iOS 11, and iOS 10.
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`and use the Apple iOS software versions described above or substantially similar
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`versions: iPhone (including, but not limited to, the iPhone 12 Pro Max, iPhone 12 Pro,
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`iPhone 12, iPhone 12 mini, iPhone SE, iPhone 11 Pro Max, iPhone 11 Pro, iPhone 11,
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`iPhone XS Max, iPhone XS, iPhone XR, iPhone X, iPhone 8 Plus, iPhone 8, iPhone 7
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`Plus, and iPhone 7 models), iPad (including, but not limited to, the), and iPod Touch
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`(including, but not limited to, the iPod Touch 7th Generation models), iPad (including,
`
`but not limited to, the iPad Air (3rd Generation), iPad Pro 12.9-inch (2nd Generation),
`
`iPad Pro 12.9-inch (3rd Generation), iPad Pro 10.5-inch (2nd Generation), iPad Pro 10.5-
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`Case 6:21-cv-00531-ADA Document 14 Filed 08/13/21 Page 25 of 40
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`
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`inch (3rd Generation), iPad Pro 11-inch (1st Generation) iPad (5th Generation), iPad (6th
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`Generation), and iPad Mini (5th Generation) models), iPod Touch (including, but not
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`limited to, the iPod Touch (6th Generation) and iPod Touch (7th Generation) models).
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`On information and belief, additional Apple products are compatible with and use the
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`Apple iOS software versions described above, or substantially similar versions. Each
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`product identified above is included in the Accused Instrumentalities.
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`C. Apple’s iPadOS Software/Operating System and Related Products
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`64. Apple’s iPadOS operating system software also includes a photo
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`application that organizes and displays photos and videos according to methods
`
`claimed in the Asserted Patents. By way of representative example only, Apple
`
`iPadOS 14 displays a map view including an interactive map. The images and
`
`descriptions reproduced below appear in Apple’s iPad User Guide.
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`65. Apple iPadOS software also allows a user to swipe up on an individual
`
`Ex. 23
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`
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`photo to view a map showing where that photo was taken.
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`
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`25
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`UNIFIED PATENTS EXHIBIT 1011
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`Case 6:21-cv-00531-ADA Document 14 Filed 08/13/21 Page 26 of 40
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`66. As a second example, Apple iPadOS 14 displays one or more people views
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`Ex. 23
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`
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`including thumbnail images associated with different people.
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`67. As a third example, Apple iPadOS 14 organizes photos and videos by
`
`Ex. 24
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`
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`date, month, and year.
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`26
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`UNIFIED PATENTS EXHIBIT 1011
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`Case 6:21-cv-00531-ADA Document 14 Filed 08/13/21 Page 27 of 40
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`Ex. 25
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`68. Other versions of the Apple iPadOS software include the same or similar
`69.
`
`digital file organization and display features and capabilities, including at least iPadOS
`
`13.
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` On information and belief, at the least the following Apple products
`
`include and use the Apple iPadOS software versions described above or substantially
`
`similar versions: iPad (7th Generation), iPad (8th Generation), iPad Pro 12.9-inch (4th
`
`Generation), iPad Pro 11-inch (2nd Generation), and iPad Air (4th Generation). On
`
`information and belief, additional Apple products are compatible with and use the
`
`Apple iPadOS software versions described above, or substantially similar versions.
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`Each product identified above is included in the Accused Instrumentalities.
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`70. While certain Apple products are identified in this Complaint as examples
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`of Apple’s infringement, these examples in no way limit the discovery and
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`infringement allegations against Apple concerning other software and/or devices that
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`Case 6:21-cv-00531-ADA Document 14 Filed 08/13/21 Page 28 of 40
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`incorporate the same or similar functionalities. MemoryWeb reserves the right to
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`discover and pursue any additional infringing products or services.
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`COUNT I – INFRINGEMENT OF THE ‘376 PATENT
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`71. MemoryWeb repeats and realleges the allegations in the preceding
`72. The ‘376 patent is valid and enforceable.
`73. Apple has directly infringed and continues to directly infringe one or
`
`paragraphs above as if fully set forth herein.
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`more claims of the ‘376 patent, both literally and under the doctrine of equivalents, by
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`making, using, offering for sale, selling within the United States and imported into the
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`United States, without permission or license from MemoryWeb, Accused
`
`Instrumentalities that embody or practice the inventions disclosed and claimed in the
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`‘376 patent in violation of 35 U.S.C. § 271(a).
`
`74. To the extent Apple does not perform each and every step of a particular
`
`asserted method claim of the ‘376 patent, Apple directs or controls the performance by
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`others of each step of such asserted method claims of the ‘376 patent that is does not
`
`perform itself, such that the performance of each step of the asserted method claims
`
`75. Apple actively induces direct infringement by others of one or more
`
`can be attributed to Apple.
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`claims of the ‘376 patent, either literally or under the doctrine of equivalents, in
`
`violation of 35 U.S.C. § 271(b). For example, Apple induces infringement of one or
`
`more claims of the ‘376 patent