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