UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SCRAMOGE TECHNOLOGY LTD.,
`
`Plaintiff,
`
`Case No. 6:21-cv-01071-ADA
`
`JURY TRIAL DEMANDED
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`PLAINTIFF’S PRELIMINARY DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS TO DEFENDANT APPLE INC.
`
`Scramoge Technology Ltd. (“Plaintiff” or “Scramoge”) submits the following Preliminary
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`Disclosure of Asserted Claims and Infringement Contentions to Defendant Apple Inc.
`
`(“Defendant” or “Apple”). This disclosure is based on the information available to Scramoge as
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`of the date of this disclosure, and Scramoge reserves the right to amend this disclosure to the full
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`extent consistent with the Court’s Rules and Orders.
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`I.
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`Asserted Claims
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`Scramoge asserts that Apple has infringed and continue to infringe at least the following
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`claims of Scramoge’s patents (collectively, the “Asserted Claims”):
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`A. U.S. Patent No. 9,490,652 (“the ’652 Patent”): Claim 1.
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`B. U.S. Patent No. 10,193,392 (“the ’392 Patent”): Claims 1, 2, 4, 6, 7, and 8.
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`C. U.S. Patent No. 7,825,537 (“the ’537 Patent”): Claims 1, 2, 3, 4, 5, 9, 10, 11, 12, 13,
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`14, 15, 16, and 22.
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`Ex.1013
`APPLE INC. / Page 1 of 7
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`Scramoge reserves the right to seek leave of court to add, delete, substitute, or otherwise
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`amend this list of asserted claims should further discovery, the Court’s claim construction, or other
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`circumstances so merit.
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`II.
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`Accused Products
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`Scramoge contends that the Asserted Claims are infringed by the various apparatuses used,
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`made, sold, offered for sale, or imported into the United States by Apple (the “Accused Products”).
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`The Accused Products include at least the following, as well as products with reasonably similar
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`functionality:
`
`•
`
`•
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`’652 Patent: Apple MagSafe Battery Pack.
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`’392 Patent: Apple Watch Magnetic Charging Cable, MagSafe Charger, MagSafe
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`Battery Pack, MagSafe Duo Charger, Watch Magnetic Charging Dock, Apple
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`Watch Magnetic Fast Charger to USB-C Cable, and all Apple Wireless Chargers
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`for the Apple Watch (including but not limited to any chargers sold with or as an
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`accessory to the Apple Watch 1st Generation, Watch Series 1, Watch Series 2,
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`Watch Series 3, Watch Series 4, Watch Series 5, Watch SE, Watch Series 6, and
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`Watch Series 7).
`
`•
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`’537 Patent: Apple MagSafe Charger, MagSafe Battery Pack, MagSafe Duo
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`Charger, Apple Watch Magnetic Charging Dock, Apple Watch Magnetic Charging
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`Cable, Apple Watch Magnetic Fast Charger to USB-C Cable, Apple Watches sold
`
`with a wireless charger (including but not limited to Apple Watch 1st Generation,
`
`Watch Series 1, Watch Series 2, Watch Series 3, Watch Series 4, Watch Series 5,
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`Watch SE, Watch Series 6, and Watch Series 7), and all Apple Wireless Chargers
`
`for the Apple Watch (including but not limited to any chargers sold with or as an
`
`
`
`2
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`Ex.1013
`APPLE INC. / Page 2 of 7
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`accessory to the Apple Watch 1st Generation, Watch Series 1, Watch Series 2,
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`Watch Series 3, Watch Series 4, Watch Series 5, Watch SE, Watch Series 6, and
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`Watch Series 7).
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`Scramoge reserves the right to amend this list of accused instrumentalities, as well as other
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`information contained in this document and the exhibits hereto, to incorporate new information
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`learned during the course of discovery, including, but not limited to, the inclusion of newly
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`released products, versions, or any other equivalent devices ascertained through discovery.
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`Further, to the extent any accused infringing products have gone through or will go through name
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`changes, but were or will be used or sold with the same accused features, earlier corresponding
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`products under different names also are accused.
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`III. Claim Charts
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`Claim charts identifying a location of every element of every asserted claim of the asserted
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`Scramoge Patents within accused products are attached hereto as Exhibits A-C. Scramoge’s
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`analysis of the Accused Products is based on limited publicly available information and based on
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`Scramoge’s own investigation prior to any discovery in this action. In an effort to focus the issues,
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`Scramoge identifies exemplary evidence for each claim limitation. The evidence cited for a
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`particular limitation should be considered in light of the additional evidence cited for the other
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`claim limitations. Scramoge reserves the right to rely on evidence cited for any particular
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`limitation of an asserted claim for any other limitation asserted for that claim. Unless otherwise
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`indicated, the information provided that corresponds to each claim element is considered to
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`indicate that each claim element is found within each of the different variations of each respective
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`Accused Products described above.
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`
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`3
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`Ex.1013
`APPLE INC. / Page 3 of 7
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`Scramoge reserves the right to amend these claim charts, as well as other information
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`contained in this document and the exhibits hereto. Scramoge further reserves the right to amend
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`these claim charts to incorporate new information learned during the course of discovery,
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`including, but not limited to, information that is not publicly available or readily discernible
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`without discovery or undue burden.
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`IV.
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`Literal Infringement / Doctrine of Equivalents
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`Scramoge asserts that Apple infringes the asserted claims listed above under at least 35
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`U.S.C. § 271(a), (b), (c), and/or (f). Scramoge contends that Apple has directly infringed and
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`continues to directly infringe the asserted claims by making, using, offering for sale, selling, and
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`importing into the United States the Accused Products. Scramoge also contends that Apple (i)
`
`induces end users of the Accused Products to directly infringe the Asserted Claims and (ii)
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`contributes to end users’ direct infringement of the Asserted Claims. Scramoge asserts that, under
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`the proper construction of the asserted claims and their claim terms, the limitations of the asserted
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`claims of the asserted Scramoge patents are literally present in the accused products, as set forth
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`in the claim charts attached hereto as Exhibits A-C. Scramoge contends that any and all elements
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`found not to be literally infringed are infringed under the doctrine of equivalents because the
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`differences between the claimed inventions and the accused instrumentalities, if any, are
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`insubstantial.
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`Scramoge’s contention is that each limitation is literally met, and necessarily also would
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`be met under the doctrine of equivalents because there are no substantial differences between the
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`Accused Products and the claims, in function, way, or result. If Apple attempts to argue that there
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`is no infringement literally and also no infringement under doctrine of equivalents and attempts to
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`draw any distinction between the claimed functionality and the functionality in the Accused
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`
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`4
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`Ex.1013
`APPLE INC. / Page 4 of 7
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`Products, then Scramoge reserves its right to rebut the alleged distinction as a matter of literal
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`infringement and/or as to whether any such distinction is substantial under the doctrine of
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`equivalents.
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`Scramoge reserves the right to amend its Infringement Contentions as to literal
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`infringement or infringement under the doctrine of equivalents in light of new information learned
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`during the course of discovery and the Court’s claim construction.
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`V.
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`Priority Dates
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`The Asserted Claims are entitled to a priority date of at least the following:
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`A.
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`U.S. Patent No. 9,490,652: Each asserted claim of the ’652 Patent is entitled to at
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`least a priority date of July 24, 2013.
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`B.
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`U.S. Patent No. 10,193,392: Each asserted claim of the ’392 Patent is entitled to
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`at least a priority date of January 8, 2014.
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`C.
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`U.S. Patent No. 7,825,537: Each asserted claim of the ’537 Patent is entitled to at
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`least a priority date of November 14, 2008.
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`VI.
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`Identification of Instrumentalities Practicing the Claimed Inventions
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`At this time, Scramoge is not relying on any assertion that any of its own instrumentalities
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`practice the claims of the Asserted Patents.
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`VII. Document Production Accompanying Disclosure
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`Scramoge submits the following Document Production Accompanying Disclosure, along
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`with an identification of the categories to which each of the documents corresponds.
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`Scramoge is presently unaware of any documents sufficient to evidence any discussion
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`with, disclosure to, or other manner of providing to a third party, or sale of or offer to sell, the
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`inventions recited in the Asserted Claims of the asserted patents prior to the application date or
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`
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`5
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`Ex.1013
`APPLE INC. / Page 5 of 7
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`priority date for the asserted patents. A diligent search continues for documents and Scramoge
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`reserves the right to supplement this response.
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`Scramoge is presently unaware of documents regarding the conception, reduction to
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`practice, design, and development of each claimed invention of the asserted patents, which were
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`created before the date of application for the asserted patent or the priority date identified above.
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`A diligent search continues for documents and Scramoge reserves the right to supplement this
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`response.
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`Scramoge identifies the following documents as being the file histories for the Asserted
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`Patents: SCRAMOGE-APPLE2-00000155 - SCRAMOGE-APPLE2-00001286.
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`
`
`Dated: January 28, 2022
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`
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`
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`Respectfully submitted,
`
`By: /s/ Brett Cooper
`
`
`Brett E. Cooper (NY SBN 4011011)
`bcooper@raklaw.com
`Reza Mirzaie (CA SBN 246953)
`rmirzaie@raklaw.com
`Marc A. Fenster (CA SBN 181067)
`mfenster@raklaw.com
`Seth Hasenour (TX SBN 24059910)
`shasenour@raklaw.com
`Drew B. Hollander (NY SBN 5378096)
`dhollander@raklaw.com
`
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Facsimile: (310) 826-6991
`
`Attorneys for Plaintiff Scramoge Technology
`Limited
`
`
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`6
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`Ex.1013
`APPLE INC. / Page 6 of 7
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`CERTIFICATE OF SERVICE
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`I certify that this document is being served upon counsel of record for Defendants on
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`January 28, 2022 via electronic service.
`
`
`
`/s/ Drew Hollander
` Drew B. Hollander
`
`
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`
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`
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`7
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`Ex.1013
`APPLE INC. / Page 7 of 7
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