IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TRAXCELL TECHNOLOGIES, LLC,
`Plaintiff,
`
`v.
`APPLE, INC.,
`Defendant.
`
`CASE NO. 6:21-cv-00074
`
`JURY DEMAND
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Traxcell Technologies, LLC. (“Traxcell”) files this Original Complaint, and demand for
`
`jury trial seeking relief from patent infringement by Apple, Inc. (“Defendant” or “Apple”), alleging
`
`infringement of the claims of U.S. Pat. No. 9,918,196 and U.S. Pat. No. 9,549,388 (collectively
`
`referred to as “Patents-in-Suit”), as follows:
`
`I.
`
`THE PARTIES
`
`1. Plaintiff Traxcell is a Texas Limited Liability Company, with its principal place of
`
`business located at 103 Country Club Drive. #508, Marshall, Texas 75672.
`
`2. Apple is a California corporation having regular and established places of business at
`
`12535 Riata Vista Circle and 5501 West Parmer Lane, Austin, Texas. Apple designs,
`
`manufactures, uses, imports into the United States, sells, and/or offers for sale in the United States
`
`smartphones, tablets, iPods, desktop computers, and notebook computers that use Apple Maps.
`
`Apple markets, sells, and offers to sell its products and/or services, including those accused herein
`
`of infringement, to actual and potential customers and end-users located in Texas and in the judicial
`
`Western District of Texas such as at the Barton Creek Mall (2901 S. Capital of Texas Hwy) and
`
`in the Domain (3121 Palm Way, Austin, TX 78758) in Austin, Texas. Apple may be served with
`
`1
`
`Apple Exhibit 1013
`Page 1 of 31
`
`

`

`process through its registered agent for service in Texas: CT Corporation System, 1999 Bryan
`
`Street, Suite 900, Dallas, Texas 75201.
`
`II. JURISDICTION AND VENUE
`
`3. This is an action for patent infringement arising under the patent laws of the U.S., 35 U.S.C.
`
`§§ 1 et. seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331,
`
`1332(a) and 1338(a).
`
`4. This Court has personal jurisdiction over Defendants because: Defendants are present
`
`within or has minimum contacts within the State of Texas and this judicial district;
`
`Defendants have purposefully availed itself of the privileges of conducting business in the
`
`State of Texas and in this judicial district; Defendants regularly conducts business within
`
`the State of Texas and within this judicial district; and Plaintiff’s cause of action arises
`
`directly from Defendants’ business contacts and other activities in the State of Texas and
`
`in this judicial district. The amount in controversy is more than $75,000.00.
`
`5. Venue is proper in this judicial district per 28 U.S.C. §§ 1391 and 1400(b). Apple has
`
`committed acts of infringement in this judicial district and maintains regular and
`
`established places of business in this district, as set forth above. Apple has continuous and
`
`systematic business contacts with the State of Texas. Apple, directly or through subsidiaries
`
`or intermediaries (including distributors, retailers, contract manufacturers, and others),
`
`conducts its business extensively throughout Texas, by shipping, manufacturing,
`
`distributing, offering for sale, selling, and advertising (including the provision of
`
`interactive web pages) its products and services in the State of Texas and the Western
`
`District of Texas, including Apple Maps. Apple, directly or through subsidiaries or
`
`intermediaries (including distributors, retailers, contract manufacturers, and others), has
`
`
`
`
` 2
`
`Apple Exhibit 1013
`Page 2 of 31
`
`

`

`purposefully and voluntarily placed its infringing products and services into this District
`
`and into the stream of commerce with the intention and expectation that they will be
`
`purchased and used by consumers in this District, including Apple Maps. Apple has offered
`
`and sold and continues to offer and sell these infringing products and services in this
`
`District, including at physical Apple stores located within this District. Apple also has
`
`derived substantial revenues from infringing acts, including but not limited to advertising,
`
`business APIs, private usage, OEM usage, and an attribution of a portion of each device
`
`sale or lease to Apple Maps.
`
`6. Apple has committed acts of infringement in this judicial district and has a regular and
`
`established place of business in this judicial district. Austin, where Apple employs over
`
`5,000 employees and has several corporate campuses, is Apple’s largest corporate hub
`
`outside of its headquarters in Cupertino, California.
`
`III. INFRINGEMENT (‘196 Patent (attached as Exhibit A))
`
`7. On March 13, 2018, U.S. Patent No. 9,918,196 (“the ’196 patent”), attached as Exhibit A,
`
`entitled “Internet queried directional navigation system with mobile and fixed originating
`
`location determination” was duly and legally issued by the U.S. Patent and Trademark
`
`Office. Traxcell owns the ’196 patent by assignment.
`
`8. The ’196 Patent’s Abstract states, “A mobile wireless network and a method of operation
`
`provide directional assistance in response to an Internet query. The directional assistance
`
`is provided from a location of the querying device to a destination that may be selectively
`
`prompted based on whether the destination is a nearby business, a type of business, a street
`
`address, or another mobile device or fixed telephone location. The location of the querying
`
`device is also selectively determined depending on whether the querying device is a
`
`
`
`
` 3
`
`Apple Exhibit 1013
`Page 3 of 31
`
`

`

`wireless device such as a mobile telephone, or whether the device has a presumed fixed
`
`location, such as an ordinary telephone connected to a public-switched telephone network
`
`(PSTN).
`
`9. The following preliminary exemplary chart provides notice of Traxcell’s allegations of
`
`infringement.
`
`
`
`Exemplary Claim
`
`A method of
`providing navigation
`assistance to a user
`of a communications
`device, the method
`comprising:
`
`
`
`
`
`
`
`
`
`Corresponding Structure in Accused Systems
`
`Apple Devices that supports the Apple Maps online navigation service together with
`the Apple Maps server-side or cloud infrastructure needed to provide the service,
`constitute the “Accused System”.
`
`
`
`The term “Apple Maps” encompasses and includes all the versions and variants of the
`Apple Maps web (for PCs, laptops and other computers functioning with macOS or
`Mac OS X operating systems) and the Apple Maps app [Apple Maps app for iOS
`devices (iPhone, iPad, iPod Touch etc.,) and watchOS devices] and the applications
`supported by the Apple Maps Platform.
`
`
`
`The “method of providing navigation assistance to a user of a communications device”
`refers to the method by which Apple Maps provides online navigation assistance
`(directions) to a user of a communications device or UE (example: mobile phone,
`smartphone, laptop, tablet, iPhone, iPad, iPod Touch etc.) including the Apple Maps
`app or including a browser plugin enabling access to the Apple Maps website or
`having other means to access the Apple Maps website, for querying and receiving
`navigation instructions for travelling from a starting location (current location of the
`communications device or a location specified by its user as the ‘origin’) to a
`destination location (a location specified by the said user as the ‘destination’).
`
`
`
`The “communications device” refers to a UE (example: iPhone, iPad, iPod Touch, mac
`book etc.) including the Apple Maps app or including a browser plugin enabling access
`to the Apple Maps website or having other means to access the Apple Maps website
`for querying and receiving navigation instructions for travelling from a starting
`
`
`
`
` 4
`
`Apple Exhibit 1013
`Page 4 of 31
`
`

`

`Exemplary Claim
`
`Corresponding Structure in Accused Systems
`
`receiving, by a
`directional assistance
`service, an Internet
`query initiated at the
`communications
`device and directed
`via the Internet to
`initiate a request for
`navigational
`assistance to a
`destination;
`
`location (current location of the communications device or a location specified by its
`user as the ‘origin’) to a destination location (a location specified by the said user as
`the ‘destination’).
`
`Navigation using Apple Maps online navigation service is a well-known example of
`off-board navigation. To elaborate, an off-board navigation system is a client/server
`system wherein only the user interface (UI) resides on the client’s (user’s)
`communications device and all the databases (GIS and/or mapping) and infrastructure
`required for computation (of route, distance, travel time, traffic etc.) reside remotely on
`a server or a network of servers (the server-side) located on the world wide web
`(www). The server-side could also comprise virtual (instead of physical) or cloud
`server infrastructure. The client side (user interface or UI at a user’s communications
`device) can only communicate with the server-side via the Internet.
`
`This claim element refers to the method and process involved in initiating a navigation
`query, using Apple Maps online navigation service, to obtain directions (navigation
`assistance) for travelling from a starting location to a destination location. The process
`involved in initiating the said navigation query includes inputting a destination location
`at the Apple Maps’ user interface (UI) at the user’s communications device, and
`sending the said query via Internet to the remote Apple Maps server (cloud server).
`The said remote Apple Maps server (cloud server) receives the said query via Internet.
`
`The term “directional assistance service” herein refers to Apple Maps online
`navigation service supported and facilitated by a wireless telecommunications network.
`
`The “communications device” refers to a UE (example: iPhone, iPad, iPod Touch,
`MacBook etc.) including the Apple Maps app or including a browser plugin enabling
`access to the Apple Maps website or having other means to access the Apple Maps
`website, for querying and receiving navigation instructions for travelling from a
`starting location (current location of the communications device or a location specified
`by its user as the ‘origin’) to a destination location (a location specified by the said user
`as the ‘destination’).
`
`
`
`The said “communications device” (the user of the said “communications device”)
`being a subscriber of wireless telecommunications network services.
`
`When subscribers utilizes Apple Maps online on their communications devices (UEs)
`using wireless telecommunication network , queries (directed to the Apple Maps
`server) and responses (informational, navigational or directional assistance from the
`Apple Maps server) are communicated between the client-side (Apple Maps
`application installed on a user’s wireless mobile communications device) and the
`server-side (Apple Maps server).
`
`
`
`
` 5
`
`Apple Exhibit 1013
`Page 5 of 31
`
`

`

`Exemplary Claim
`
`Corresponding Structure in Accused Systems
`
`
`
`The method of using the Apple Maps for navigation includes initiating a query at a
`user’s communications device (UE) to initiate a request for navigational assistance for
`travelling from a starting point (which could be the current location of the user’s
`communications device) to a destination, by specifying (inputting) the destination and
`the starting point (if different from the current location of the user’s communications
`device).
`
`The said query is directed via the Internet to the remote Apple Maps server (cloud
`server). In other words, the Apple Maps server (cloud server) receives the said query
`through the Internet.
`
`Apple Maps online navigation is an example of off-board navigation. In other words,
`Apple Maps online navigation system is a client/server system wherein only the user
`interface (UI) resides on the client’s (user’s) communications device and all the
`databases (GIS and/or mapping) and infrastructure required for computation (of route,
`distance, travel time, traffic etc.) reside remotely on the Apple Maps server (which
`could be a network of servers) [the server-side] located on the world wide web (www).
`The server-side could also comprise virtual (instead of physical) or cloud server
`infrastructure. The client side (user interface or UI at a user’s communications device)
`can only communicate with the server-side via the Internet. In other words, destination
`is input and a query is initiation at the Apple Maps user interface (UI) at the client
`device and the query (including the input destination) is communicated from the client-
`side (client or user’s communications device) to the remote server-side (Apple Maps
`server) via the Internet. The Apple Maps server, upon receiving the query (including
`the input destination) communicated from the client-side (client or user’s
`communications device) via the Internet, identifies the required vector maps, computes
`or calculates the route(s), and downloads the required vector maps and the computed or
`calculated route(s) to the client-side (client or user’s communications device) via the
`Internet.
`Apple Maps is programmed to identify the “phone number” and the “device
`identifiers” of the communications device (UEat which the said navigation query is
`initiated. In other words, Apple Maps determines whether or not the said
`communications device (UE) is a mobile wireless communications device (UE)
`
`“a mobile wireless communications device” refers to a mobile wireless
`communications device or UE (example: mobile phone, smartphone, laptop, tablet,
`iPhone, iPad, iPod Touch etc.), which includes the Apple Maps app or includes a
`browser plugin enabling access to the Apple Maps website or has other means to
`access the Apple Maps website for querying and receiving navigation instructions for
`travelling from a starting point (current location of the communication’s device or a
`location specified by its user as the ‘origin’) to a destination location (a location
`specified by the said user as the ‘destination’). Any wireless mobile communications
`
`responsive to
`receiving the Internet
`query, determining
`whether or not the
`communications
`device is a mobile
`wireless
`communications
`device;
`
`
`
`
` 6
`
`Apple Exhibit 1013
`Page 6 of 31
`
`

`

`Exemplary Claim
`
`Corresponding Structure in Accused Systems
`
`device, which uses Mobile Hotspot for connecting to the Internet and includes the
`Apple Maps app or a browser plugin enabling access to the Apple Maps website or has
`other means to access the Apple Maps website, also corresponds to this claim element.
`
`In Apple’s Privacy Policy document, it is clearly indicated that Apple (which includes
`Apple Maps) collects information such as phone number and device identifiers
`pertaining to the communications device (UE) at which a navigation query is
`initiated and communicated to the Apple Maps server. In other words, Apple Maps
`has means to determine whether a querying communications device (UE) is a mobile
`wireless communications device (UE) or not.
`
`The following is mentioned therein –
`
`“What personal information we collect
`
`When you create an Apple ID, apply for commercial credit, purchase a product,
`download a software update, register for a class at an Apple Retail Store, connect to
`our services, contact us including by social media or participate in an online survey, we
`may collect a variety of information, including your name, mailing address, phone
`number, email address, contact preferences, device identifiers, IP address, location
`information, credit card information and profile information where the contact is via
`social media.”
`
`
`In the aforementioned, it is also mentioned that when a user connects to Apple’s
`services (like Apple Maps online navigation), Apple also collects the IP address from
`which the said user connects to Apple’s services (like Apple Maps online navigation).
`In other words, when a user connects to the Apple Maps server using the client-side UI
`on his/her communications device (UE) via Internet, the Apple Maps server collects
`the IP address from which the said user connects to the Apple Maps server.
`
`
`
`Based on the above information, it is confirmed that whenever a communications
`device uses Apple Maps, information such as mobile network information including
`the name of the carrier providing data services to the said communications device are
`collected by Apple (Apple Maps). In other words, Apple Maps can also ascertain
`whether the communications device (UE) at which the said navigation query is
`initiated, is connected to the Apple Maps server through a wireless telecommunications
`network service (i.e. through RF signal-based communication) or through a Wi-Fi
`network supported by a fixed (wired or wireless) broadband Internet service.
`
`In summary, Apple Maps has means to determine whether a querying
`communications device (UE) is a mobile wireless communications device (UE) or not,
`
`
`
`
` 7
`
`Apple Exhibit 1013
`Page 7 of 31
`
`

`

`Exemplary Claim
`
`Corresponding Structure in Accused Systems
`
`responsive to
`determining that the
`communications
`device is the mobile
`wireless
`communications
`device, the
`directional assistance
`service determining
`and using a present
`location of the
`mobile wireless
`communications
`device as a location
`of the
`communications
`device;
`
`and also whether the said communications device (UE) is connected to the Apple Maps
`server through a wireless telecommunications network service (i.e. through RF signal-
`based communication) or through a Wi-Fi network supported by a fixed (wired or
`wireless) broadband Internet service.
`If the Apple Maps online navigation service determines that the said navigation query
`has been initiated at a mobile wireless communications device (UE), and that the said
`query was communicated through a wireless telecommunications network service (i.e.
`through RF signal-based communication), Apple Maps determines current location of
`the mobile wireless communications device (UE) and uses it as the starting point for
`providing navigation information (instructions or directions) to travel to the destination
`input by the user of the said communications device (UE).
`
`The “the mobile wireless communications device” or the “communications device”
`refers to the mobile wireless communications device or UE (example: mobile phone,
`smartphone, laptop, tablet, iPhone, iPad, iPod Touch, mac-book etc.) The UE at which
`the navigation query was initiated.
`
`It has been demonstrated ithat a user can simply input a “destination” entry and initiate
`a navigation query on the Apple Maps’ client-side user interface (UI) at the user’s
`mobile wireless communications device (Apple Maps app on an iPhone). The Apple
`Maps server, upon receiving the navigation query (including input “destination”) from
`the client-side via Internet, determines the “current location” of the user’s mobile
`wireless communications device, uses it as the default starting point, ascertains the
`location of the input “destination”, computes or calculates the route(s) and directions,
`and downloads the computed or calculated route(s) and directions to the user’s mobile
`wireless communications device.
`
`As has been mentioned with reference to the previous claim element, Apple Maps,
`upon receiving a navigation query from a user’s communications device, determines
`whether or not the said communications device is a mobile wireless communications
`device.
`
`It is clearly indicated that a user can simply input a “destination” entry and initiate a
`navigation query on the Apple Maps’ client-side user interface (UI) at the user’s
`mobile wireless communications device (Apple Maps app on iPhone, iPad or iPod
`Touch). The Apple Maps server, upon receiving the navigation query (including input
`“destination”) from the client-side via Internet, determines the “current location” of the
`user’s mobile wireless communications device, uses it as the default starting point,
`ascertains the location of the input “destination”, computes or calculates the route(s)
`and directions, and downloads the computed or calculated route(s) and directions to the
`user’s mobile wireless communications device. The following is mentioned therein –
`
`
`
`
` 8
`
`Apple Exhibit 1013
`Page 8 of 31
`
`

`

`Exemplary Claim
`
`Corresponding Structure in Accused Systems
`
`
`
`“Get directions
`
`1. Open Maps and enter your destination in the Search bar.
`
`2. Tap Directions.
`
`3. Choose Drive, Walk, Transit, or Ride.
`
`
`
`
`
`4. Select the route that you prefer. Maps shows the fastest route first based on traffic
`conditions.
`
`5. When you're ready, tap “GO”. To see an overview of your route, tap "Tap for
`Overview" in the banner.
`
`6. To end navigation, tap “End”, in the bottom right corner. Then tap End Route. You
`can also ask Siri to "Stop Navigating" when you
`
` have Hands-Free turned on.”
`
`
`
`[Note: The “Starting point” is by default the current location of the user’s
`communications device, unless otherwise specified]
`
`responsive to
`determining that the
`communications
`device is not the
`mobile wireless
`communications
`device, obtaining a
`fixed location
`associated with the
`communications
`device to determine
`the location of the
`
`As mentioned previously, Apple Maps is programmed to identify the “phone number”
`and the “device identifiers” of the communications device (UE) at which the said
`navigation query is initiated, and also to ascertain the IP address from where the
`communications device (UE) at which the said navigation query is initiated connected
`to the Apple Maps server.
`
`In other words, Apple Maps has means to determine whether a querying
`communications device (UE) is a mobile wireless communications device (UE) or not,
`and also whether the said communications device (UE) is connected to the Apple Maps
`server through a wireless telecommunications network service (i.e. through RF signal-
`based communication) or through a Wi-Fi network supported by a fixed (wired or
`wireless) broadband Internet service.
`
`In Apple’s Privacy Policy document, it is clearly indicated that Apple (which includes
`Apple Maps) collects information such as phone number and device identifiers
`
`
`
`
` 9
`
`Apple Exhibit 1013
`Page 9 of 31
`
`

`

`Exemplary Claim
`
`communications
`device; and
`
`Corresponding Structure in Accused Systems
`
`pertaining to the communications device (UE) at which a navigation query is
`initiated and communicated to the Apple Maps server. In other words, Apple Maps
`has means to determine whether a querying communications device (UE) is a mobile
`wireless communications device (UE) or not.
`
`The following is mentioned therein –
`
`“What personal information we collect
`
`When you create an Apple ID, apply for commercial credit, purchase a product,
`download a software update, register for a class at an Apple Retail Store, connect to
`our services, contact us including by social media or participate in an online survey, we
`may collect a variety of information, including your name, mailing address, phone
`number, email address, contact preferences, device identifiers, IP address, location
`information, credit card information and profile information where the contact is via
`social media.”
`
`
`In the aforementioned, it is also mentioned that when a user connects to Apple’s
`services (like Apple Maps online navigation), Apple also collects the IP address from
`which the said user connects to Apple’s services (like Apple Maps online navigation).
`In other words, when a user connects to the Apple Maps server using the client-side UI
`on his/her communications device (UE) via Internet, the Apple Maps server collects
`the IP address from which the said user connects to the Apple Maps server.
`
`Based on the above information, it is confirmed that whenever a communications
`device uses Apple Maps, information such as mobile network information including
`the name of the carrier providing data services to the said communications device are
`collected by Apple (Apple Maps). In other words, Apple Maps can also ascertain
`whether the communications device (UE) at which the said navigation query is
`initiated, is connected to the Apple Maps server through a wireless telecommunications
`network service (i.e. through RF signal-based communication) or through a Wi-Fi
`network supported by a fixed (wired or wireless) broadband Internet service.
`
`In summary, Apple Maps has means to determine whether a querying
`communications device (UE) is a mobile wireless communications device (UE) or not,
`and also whether the said communications device (UE) is connected to the Apple Maps
`server through a wireless telecommunications network service (i.e. through RF signal-
`based communication) or through a Wi-Fi network supported by a fixed (wired or
`wireless) broadband Internet service.
`
`If Apple Maps determines that the communications device (UE) at which the said
`navigation query is initiated is not a mobile wireless communications device, or in
`other words, if the said communications device (UE) is determined to be a stationary
`
`
`
`
` 10
`
`Apple Exhibit 1013
`Page 10 of 31
`
`

`

`Exemplary Claim
`
`Corresponding Structure in Accused Systems
`
`or fixed communications device, for example – a Mobile phone, smartphone, iPhone,
`iPad, iPod Touch, laptop or tablet connected or tethered to a Wi-Fi (internet) access
`point, modem, router or Wi-Fi hotspot supported by a fixed (wired or wireless)
`broadband Internet Service, Apple Maps determines the location of the said stationary
`or fixed communications device by identifying the Internet Service Provider or Wi-Fi
`hotspot serving the said communications device and obtaining the stationary location
`of the said Wi-Fi (internet) access point, modem, router or hotspot from a Wi-Fi
`database, Wi-Fi location database or Wi-Fi hotspot database.
`
`In response to receiving the navigation query (which includes the “destination” entry
`input by the user at the Apple Maps client-side user interface or UI residing at the
`user’s communications device) initiated at the communications device (UE) and
`directed via the Internet, Apple Maps server determines the current location of the
`querying (the user’s) communications device, considers it the default starting point,
`ascertains the location of the input “destination”, computes and provides the navigation
`information (directions) to the said communications device (UE) to travel from the
`current location of said communications device (UE) to the input destination.
`
` user can simply input a “destination” entry and initiate a navigation query on the
`Apple Maps’ client-side user interface (UI) at the user’s mobile wireless
`communications device (Apple Maps app on iPhone, iPad or iPod Touch). The Apple
`Maps server, upon receiving the navigation query (including input “destination”) from
`the client-side via Internet, determines the “current location” of the user’s mobile
`wireless communications device, uses it as the default starting point, ascertains the
`location of the input “destination”, computes or calculates the route(s) and directions,
`and downloads the computed or calculated route(s) and directions to the user’s mobile
`wireless communications device. In this manner, Apple Maps provides the navigation
`information (directions) to the said communications device (UE) to travel from the
`current location of said communications device (UE) to the input destination.
`
` a
`
`the directional
`assistance service
`providing navigation
`information to the
`communications
`device in response to
`the Internet query,
`wherein the
`navigation provides
`directions for
`proceeding from the
`location of the
`communications
`device to a location
`of the destination.
`
`
`
`The following is mentioned therein –
`
`“Get directions
`
`1. Open Maps and enter your destination in the Search bar.
`
`2. Tap Directions.
`
`3. Choose Drive, Walk, Transit, or Ride.
`
`
`
`
` 11
`
`Apple Exhibit 1013
`Page 11 of 31
`
`

`

`Exemplary Claim
`
`Corresponding Structure in Accused Systems
`
`4. Select the route that you prefer. Maps shows the fastest route first based on traffic
`conditions.
`
`5. When you're ready, tap “GO”. To see an overview of your route, tap "Tap for
`Overview" in the banner.
`
`6. To end navigation, tap “End”, in the bottom right corner. Then tap End Route. You
`can also ask Siri to "Stop Navigating" when you
`
` have Hands-Free turned on.”
`
`[Note: The “Starting point” is by default the current location of the user’s
`communications device, unless otherwise specified]
`
`10. Defendant makes, uses, offers to sell, and/or sells within or imports into the U.S. wireless
`
`networks, wireless-network components, and related services that use identified locations
`
`of wireless devices to provide directional assistance such that Defendant infringes claims
`
`1–30 of the ’196 patent, literally or under the doctrine of equivalents.
`
`
`11. Defendant put the inventions claimed by the ’196 Patent into service (i.e., used them); but
`
`for Defendant’s actions, the claimed-inventions embodiments involving Defendant’s
`
`products and services would never have been put into service. Defendant’s acts
`
`complained of herein caused those claimed-invention embodiments as a whole to perform,
`
`and Defendant obtaining monetary and commercial benefit from it.
`
`12. Defendant has and continues to induce infringement. Defendant has actively encouraged
`
`or instructed others (e.g., its customers), and continues to do so, on how to use its products
`
`and services (e.g., U.S. wireless networks, wireless-network components that use identified
`
`locations of wireless devices to provide directional assistance) such to cause infringement
`
` 12
`
`
`
`
`
`
`
`
`Apple Exhibit 1013
`Page 12 of 31
`
`

`

`claims 1–30 of the ’196 patent, literally or under the doctrine of equivalents. Moreover,
`
`Defendant has known and should have known of the ’196 patent, by at least by the date of
`
`the patent’s issuance, or from the issuance of the ‘284 patent, which followed the date that
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`the patent’s underlying application was cited to Defendants by the U.S. Patent and
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`Trademark Office during prosecution of one of Defendant’s patent applications, such that
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`Defendant knew and should have known that it was and would be inducing infringement.
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`13. Defendant has and continues to contributorily infringe. Defendant has actively encouraged
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`or instructed others (e.g., its customers and/or the customers of its related companies), and
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`continues to do so, on how to use its products and services e.g., U.S. wireless networks,
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`wireless-network components that use identified locations of wireless devices to provide
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`directional assistance) such as to cause infringement of one or more of claims 1–30 of the
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`’196 patent, literally or under the doctrine of equivalents. Moreover, Defendant has known
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`of the ’196 patent and the technology underlying it from at least the date of issuance of the
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`patent or from the issuance of the ‘284 patent, which followed the date that the patent’s
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`underlying application was cited to Defendant by the U.S. Patent and Trademark Office
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`during prosecution of one of Defendant’s patent applications, such that Defendant knew
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`and should have known that it was and would be contributorily infringing.
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`14. Defendants have caused and will continue to cause Traxcell damage by infringing the ’196
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`patent.
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`IV.
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`INFRINGEMENT (’388 Patent (Attached as exhibit B))
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`15. On January 17, 2017, U.S. Patent No. 9,549,388 (“the ’388 patent”) entitled “Mobile
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`wireless device providing off-line and on-line geographic navigation information” (attached as
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`
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` 13
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`Apple Exhibit 1013
`Page 13 of 31
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`

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`Exhibit D) was duly and legally issued by the U.S. Patent and Trademark Office. Traxcell owns
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`the ’388 patent by assignment.
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`16. The ’388 Patent’s Abstract states, “A mobile device, wireless network and their method of
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`operation provide both on-line (connected) navigation operation, as well as off-line navigation
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`from a local database within the mobile device. Routing according to the navigation system can
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`be controlled by traffic congestion measurements made by the wireless network that allow the
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`navigation system to select the optimum route based on expected trip duration.”
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`17. The following preliminary exemplary chat provides Traxcell’s allegations of infringement.
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`
`
`Representative
`Claim
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`A wireless
`communications
`system including:
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`Corresponding Structure in Accused Systems
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`Apple Devices that supports the Apple Maps online navigation service together with the
`Apple Maps server-side or cloud