UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SMART MOBILE TECHNOLOGIES LLC,
`
`Civil Action No. 6:21-cv-00701
`
`Plaintiff,
`
`v.
`
`JURY TRIAL DEMANDED
`
`SAMSUNG ELECTRONICS CO. LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Smart Mobile Technologies LLC ("Smart Mobile"), by and through its attorneys,
`
`hereby alleges the following:
`
`I.
`
`NATURE OF THE ACTION
`
`1.
`
`This is a patent infringement action for damages and other appropriate remedies for
`
`Defendants Samsung Electronics Co. Ltd. ("SEC") and Samsung Electronics America, Inc.'s
`
`("SEA") (collectively, "Samsung" or "Defendants") unauthorized and infringing manufacture, use,
`
`sale, offering for sale, and/or importation of products incorporating Smart Mobile's patented
`
`inventions.
`
`2.
`
`Smart Mobile is the owner of all right, title, and interest in and to United States
`
`Patent No. 8,442,501 (the "'501 Patent"), issued May 14, 2013 and titled "Dynamically
`
`Configurable IP Based Wireless Devices And Networks." A true and correct copy of the '501
`
`Patent is attached hereto as Exhibit A.
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`3.
`
`Smart Mobile is the owner of all right, title, and interest in and to United States
`
`Patent No. 8,472,936 (the "'936 Patent"), issued June 25, 2013 and titled "Dynamically
`
`Configurable IP Based Wireless Devices And Wireless Networks." A true and correct copy of the
`
`‘936 Patent is attached hereto as Exhibit B.
`
`4.
`
`Smart Mobile is the owner of all right, title, and interest in and to United States
`
`Patent No. 8,472,937 (the "'937 Patent"), issued June 25, 2013 and titled "Dynamically
`
`Configurable IP Based Mobile Devices And Networks." A true and correct copy of the '937 Patent
`
`is attached hereto as Exhibit C.
`
`5.
`
`Smart Mobile is the owner of all right, title, and interest in and to United States
`
`Patent No. 8,761,739 (the "'739 Patent"), issued June 24, 2014 and titled "Dynamically
`
`Configurable IP Based Wireless Devices And Networks." A true and correct copy of the '739
`
`Patent is attached hereto as Exhibit D.
`
`6.
`
`Smart Mobile is also the owner of all right, title, and interest in and to United States
`
`Patent No. 8,824,434 (the "'434 Patent"), issued September 2, 2014 and titled "Portable Wireless
`
`Device With Dual RF Communication And Antennas." A true and correct copy of the '434 Patent
`
`is attached hereto as Exhibit E.
`
`7.
`
`Smart Mobile is also the owner of all right, title, and interest in and to United States
`
`Patent No. 8,842,653 (the "'653 Patent"), issued September 23, 2014 and titled "Wireless Devices
`
`With Transmission Control And Multiple Paths Of Communication." A true and correct copy of
`
`the '653 Patent is attached hereto as Exhibit F.
`
`8.
`
`Smart Mobile is also the owner of all right, title, and interest in and to United States
`
`Patent No. 9,019,946 (the "'946 Patent"), issued April 28, 2015 and titled "Wireless And Cellular
`
`
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`Voice And Data Transmission With Multiple Paths Of Communication." A true and correct copy
`
`of the '946 Patent is attached hereto as Exhibit G.
`
`9.
`
`Smart Mobile is also the owner of all right, title, and interest in and to United States
`
`Patent No. 9,049,119 (the "'119 Patent"), issued June 2, 2015 and titled "Dynamically Configurable
`
`Mobile Device and Cellular Phones With Functions." A true and correct copy of the '119 Patent
`
`is attached hereto as Exhibit H.
`
`10.
`
`Smart Mobile is also the owner of all right, title, and interest in and to United States
`
`Patent No. 9,084,291 (the "'291 Patent"), issued July 14, 2015 and titled "Interfacing Internet
`
`Protocol-Based Wireless Devices With Networks." A true and correct copy of the '291 Patent is
`
`attached hereto as Exhibit I.
`
`11.
`
`Smart Mobile is also the owner of all right, title, and interest in and to United States
`
`Patent No. 9,191,083 (the "'083 Patent"), issued November 17, 2015 and titled "Wireless Device
`
`With Multichannel Data Transfer." A true and correct copy of the '083 Patent is attached hereto
`
`as Exhibit J.
`
`12.
`
`Smart Mobile is also the owner of all right, title, and interest in and to United States
`
`Patent No. 9,614,943 (the "'943 Patent"), issued April 4, 2017 and titled "System To Interface
`
`Internet Protocol (IP) Based Wireless Devices With Subtasks And Channels." A true and correct
`
`copy of the '943 Patent is attached hereto as Exhibit K.
`
`13.
`
`Smart Mobile is also the owner of all right, title, and interest in and to United States
`
`Patent No. 9,756,168 (the "'168 Patent"), issued September 5, 2017 and titled "Multifunction
`
`Mobile Devices And Appliance Control." A true and correct copy of the '168 Patent is attached
`
`hereto as Exhibit L.
`
`
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`14.
`
`Samsung makes, uses, offers for sale, sell, and/or imports into the United States
`
`products that directly infringe the '501, '936, '937, '739, '434, '653, '946, '119, ‘291, '083, '943, and
`
`'168 Patents (collectively, the "Patents in Suit"). Further, Samsung indirectly infringes one or more
`
`of the Patents in Suit by inducing and contributing to infringement by others, including users of
`
`Samsung devices, and by exporting components used in the making of Samsung devices that
`
`would, if combined in the United States, infringe the Smart Mobile patents.
`
`15.
`
`Smart Mobile seeks monetary damages, prejudgment interest, injunctive relief, and
`
`other relief for Samsung's infringement of the Patents in Suit.
`
`II.
`
`PARTIES
`
`16.
`
`Smart Mobile is a Delaware limited liability company having a principal place of
`
`business at 7600 Chevy Chase Drive, Building 2, Suite 300, Austin, Texas 78752. Smart Mobile
`
`develops mobile device software and technologies for scientists and engineers.
`
`17.
`
`Upon information and belief, Defendant SEC is a corporation organized under the
`
`laws of South Korea, with its principal place of business at 129 Samsung-Ro, Maetan-3dong,
`
`Yeongtong-gu, Suwon, 443-742, South Korea.
`
`18.
`
`Upon information and belief, SEA is a wholly owned subsidiary of SEC and is a
`
`corporation organized under the laws of the State of New York, with its principal place of business
`
`at 85 Challenger Road, Ridgefield Park, New Jersey 07660.
`
`19.
`
`Samsung may be served with process through its registered agent for service in
`
`Texas: Richard Jung, 8310 N. Capital of Texas Hwy, Suite 305, Austin, Texas 78731.
`
`III.
`
`JURISDICTION AND VENUE
`
`20.
`
`This is an action for patent infringement, which arises under the Patent Laws of the
`
`United States, in particular, 35 U.S.C. §§ 271, 281, 282, 284, and 285. The Court has jurisdiction
`
`over the subject matter of this action under 28 U.S.C. §§ 1331 and 1338(a).
`
`
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`21.
`
`This Court has personal jurisdiction over Samsung because Samsung has
`
`committed acts giving rise to this action within Texas and within this judicial district. Defendants
`
`regularly do business or solicit business in this District and in Texas, engage in other persistent
`
`courses of conduct and derive substantial revenue from products and services provided in this
`
`District and in Texas, and have purposefully established substantial, systematic, and continuous
`
`contacts within this District and should reasonably expect to be sued in a court in this District. For
`
`example, Samsung has offices within this district. The website www.samsung.com solicits sales
`
`of infringing products to consumers in this District and in Texas. Given these contacts, the Court's
`
`exercise of jurisdiction over Samsung will not offend traditional notions of fair play and substantial
`
`justice.
`
`22.
`
`Venue in the Western District of Texas is proper pursuant to 28 U.S.C. §§ 1391(b),
`
`(c) and l400(b) because Samsung has regular and established places of business in this District,
`
`including at 12100 Samsung Boulevard, Austin, Texas, has committed acts within this judicial
`
`district giving rise to this action, and continues to conduct business in this judicial district,
`
`including multiple acts of making, selling, using, importing and/or offering for sale infringing
`
`products in this District.
`
`IV.
`
`THE PATENTS-IN-SUIT
`
`23.
`
`The '501, '936, '937, '739, '119, and '168 Patents share a common specification. The
`
`patents are related by a chain of continuation and divisional applications to an application filed on
`
`June 9, 2000, which was a continuation-in-part of an application filed on June 4, 1999. The ‘501,
`
`‘936, ‘937, ‘739, and ‘119 Patents, in addition, claim priority to an even earlier application, filed
`
`December 16, 1996. The '501, '936, '937, '739, '119, and '168 Patents disclose and claim improved
`
`wireless communications systems and devices having voice and data communication capability,
`
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`the capability to switch dynamically between wireless networks, and the capability of
`
`communicating with a server that enhances the functionality of the devices.
`
`24.
`
`The '434, '653, '946, ‘291, '083, and '943 Patents share a common specification.
`
`The patents are related by a chain of continuation applications to an application filed on July 17,
`
`2000, which was a continuation-in-part of an application filed on June 4, 1999 (the same
`
`application that is related to the '168 and '936 Patents). The ‘434 Patent, in addition, claims priority
`
`to an even earlier application, filed December 16, 1996. The '434, '653, '946, ‘291, '083, and '943
`
`Patents disclose and claim enhancements to mobile device communications functionality. The
`
`patents taught, among other things, that by using transmit and receive units, coupled with one or
`
`more processors configured to process multiple signal or data streams in parallel, transmission
`
`bottlenecks could be mitigated and enhanced transmission capabilities – such as the ability to
`
`multiplex signal streams or access multiple signal streams simultaneously or sequentially – could
`
`be achieved.
`
`V.
`
`SAMSUNG'S KNOWLEDGE OF THE PATENTS-IN-SUIT
`
`25.
`
`On information and belief, Samsung has known of at least the '501, '936, '937, '739,
`
`'434, '653, '946, '119, and ‘291 patents, as well as the applications that later issued as the '168, '083,
`
`and '943 patents, since at least in or around October 2015.
`
`26.
`
`In or about May 2015, Global Technology Transfer Group, Inc. ("GTT"), a patent
`
`transaction advisory and consultancy company, was engaged to assist with the divestment or
`
`certain patents and patent applications owned by a prior owner of the patents (the "Smart Mobile
`
`Portfolio"), including the '501, '936, '937, '739, '434, '653, '946, '119, and ‘291 patents, as well as
`
`the applications that later issued as the '168, '083, and '943 patents.
`
`27.
`
`GTT created, among other things, a thirteen page summary of the Smart Mobile
`
`Portfolio ("Portfolio Summary"). The Portfolio Summary noted that there were 24 issued US
`
`
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`patents and 27 US applications assigned to Smart Mobile. The Portfolio Summary identified
`
`"relevant markets" as including mobile devices, mobile streaming devices, wireless networks, and
`
`software defined networks. The Portfolio Summary highlighted seven "exemplary patents,"
`
`including the '653 and '936 patents, and included an accompanying spreadsheet containing a full
`
`list.
`
`28.
`
`As to the '936 Patent, the Portfolio Summary highlighted pertinence "for companies
`
`that provide both wireless devices and servers (application store servers). These targets provide
`
`application stores where applications with functional instructions can be downloaded to mobile
`
`devices. The mobile devices execute the instructions to provide new functionality at the mobile
`
`device."
`
`29.
`
`As to the '653 patent, the Portfolio Summary stated, among other things, that
`
`"[c]laim 1 is applicable to mobile devices that support multipath TCP. … Claim 1 and 17 are also
`
`applicable to devices that supports Voice over LTE (VoLTE) along with Wi-Fi Calling and a
`
`handover between the two. Claim 14 is applicable to devices that maintain two separate IP
`
`addresses (one for Wi-Fi and another for cellular)."
`
`30.
`
`As to the '291 Patent, the Portfolio Summary stated, among other things, that "[t]his
`
`patent covers a communication system for a portable handheld device with multiple antennas. The
`
`solution is "system on a chip"-based, and the system supports communication and processing of
`
`signals using multiple frequency bands and is configured for radio frequency transmission and
`
`receipt of multiple signal streams.”
`
`31.
`
`On information and belief, during the latter half of 2015, GTT contacted various
`
`potentially interested parties, including Samsung, to solicit interest in acquiring the Smart Mobile
`
`Portfolio.
`
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`32.
`
`Upon information and belief, GTT created a virtual "data room" that contained
`
`information and materials pertinent to the Smart Mobile Portfolio, including the Portfolio
`
`Summary and an accompanying spreadsheet containing a list of all of the patents and application
`
`in the Smart Mobile portfolio.
`
`33.
`
`Upon information and belief, Samsung accessed the virtual data room, and the
`
`Portfolio Summary and spreadsheet, sometime in or around October 2015 and thereby gained
`
`notice of at least the '501, '936, '937, '739, '434, '653, '946, '119, and ‘291 patents, as well as the
`
`applications that later issued as the '168, '083, and '943 patents.
`
`VI.
`
`THE INFRINGING SAMSUNG DEVICES
`
`34.
`
`Samsung designs, markets and sells, among other things, wireless portable
`
`electronic devices, such as the Galaxy line of mobile electronic devices. Samsung's Galaxy S,
`
`Galaxy Note, Galaxy A, Galaxy J, Galaxy Z, Galaxy Tab and other Galaxy devices all run a version
`
`of the Android operating system with a proprietary user interface provided by Samsung.
`
`35.
`
`Samsung's Galaxy devices are designed to function as part of an integrated
`
`ecosystem of products and services that includes Samsung's Galaxy Store (f/k/a Samsung Apps
`
`and Galaxy Apps) and the applications ("apps") that are available on Samsung's Galaxy Store. In
`
`order to access certain of these features, a user is prompted to create a Samsung account. In
`
`addition, Samsung supports its Galaxy products with periodic operating system updates.
`
`36.
`
`Samsung's Galaxy devices are configured to communicate wirelessly via at least
`
`Wi-Fi. In addition, Samsung's Galaxy S, Galaxy Note, Galaxy A, Galaxy J, Galaxy Z and other
`
`Galaxy smartphones, and certain of Samsung's Galaxy Tab devices, are configured for
`
`communication via a cellular network.
`
`37.
`
`Samsung has incorporated different functionalities for dynamically switching
`
`between cellular and Wi-Fi networks into its Galaxy devices. For example, on information and
`
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`belief, by no later than mid-2015, Samsung had incorporated Wi-Fi Calling, which enables a
`
`device to dynamically switch to a Wi-Fi from a cellular connection to support a voice call when
`
`cellular reception is poor, into most models of the Samsung Galaxy Devices.
`
`38.
`
`As another example, on information and belief, by no later than the release of
`
`Android 6 in or about October 5, 2015, Samsung had incorporated Smart Network Switching,
`
`which enables a Samsung device to switch from a Wi-Fi to a cellular connection when Wi-Fi is
`
`unstable, into the Samsung Galaxy devices. This feature was subsequently rebranded as Adaptive
`
`Wi-Fi, and later rebranded again as Intelligent Wi-Fi.
`
`39.
`
`On information and belief, by later than the release of the Galaxy S5 in early 2014,
`
`Samsung incorporated a new functionality branded "Download Booster" into various models of
`
`the Samsung Galaxy devices. The Download Booster functionality enables a device to download
`
`files in excess of 30 megabytes from the Galaxy Store or Play Store more quickly by using a Wi-
`
`Fi connection and a mobile data connection simultaneously to execute the download. The
`
`Samsung Galaxy devices use a technology called multipath TCP (MPTCP), a communications
`
`functionality involving the simultaneous use of cellular and Wi-Fi networks, to enable the
`
`Download Booster functionality.
`
`40.
`
`On information and belief, Samsung incorporated yet another connectivity
`
`technology, "Multiple Input Multiple Output" (MIMO), into the Samsung Galaxy devices to
`
`support at least Wi-Fi communications by no later than the release of the Galaxy S5 and Note 4 in
`
`2014. MIMO involves the use of multiple antennas on a device to enhance a wireless connection,
`
`such as a cellular or Wi-Fi connection.
`
`COUNT I: INFRINGEMENT OF THE '501 PATENT
`
`41.
`
`Smart Mobile incorporates paragraphs 1 through 40 herein by reference.
`
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`42.
`
`Samsung indirectly infringed at least claim 1 of the '501 Patent, including by
`
`(i) inducing users of Samsung devices to use, within the United States, claimed systems
`
`comprising a Samsung server and a Galaxy J1 (2015), Galaxy J3 Sky, Galaxy J3V, Galaxy Note
`
`4, Galaxy Note5, Galaxy Note Edge, Galaxy S3, Galaxy S4, Galaxy S4 Mini, Galaxy S5, Galaxy
`
`S5 Active, Galaxy S5 Mini, Galaxy S5 Sport, Galaxy S6, Galaxy S6 Active, Galaxy S6 Edge,
`
`Galaxy S6 Edge+, Galaxy S7, Galaxy S7 Active, Galaxy S7 Edge, Galaxy Tab A 8.0, Galaxy Tab
`
`A 10.1, Galaxy Tab S 8.4, Galaxy Tab S 10.5, Galaxy Tab S2 8, Galaxy Tab S2 9.7, Galaxy Amp
`
`2, Galaxy Amp Prime, Galaxy Core Prime, Galaxy E5, Galaxy Express 3, Galaxy Express Prime,
`
`Galaxy Grand Prime, Galaxy On5, or Galaxy Stardust device (all such devices referenced in this
`
`paragraph, collectively, "the '501 Infringing Devices"), and (ii) contributing to infringement of the
`
`'501 Patent.
`
`43.
`
`As one non-limiting example of the claims of the '501 Patent infringed by systems
`
`comprising the '501 Infringing Devices, claim 1 of the '501 Patent recites:
`
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`44.
`
`The '501 Infringing Devices were wireless devices which supported voice and data
`
`communications.
`
`45.
`
`On information and belief, Samsung owned and/or used, or directed and controlled
`
`the use of, a server, including to provide operating system updates.
`
`46.
`
`The '501 Infringing Devices each had a memory and a processor that were
`
`communicatively coupled with one another.
`
`47.
`
`The memory of the '501 Infringing Devices stored functional instructions including
`
`instructions for use in providing a plurality of functions to the device, at least one of the functional
`
`instructions provided for switching between one or more networks including at least one public
`
`network. For example, functional instructions stored within the '501 Infringing Devices enabled
`
`the devices to switch between a public cellular network and a Wi-Fi network at least in connection
`
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`with use of Wi-Fi Calling and/or Smart Network Switching, Adaptive Wi-Fi, and/or Intelligent
`
`Wi-Fi.
`
`48.
`
`The memory of the '501 Infringing Devices further stored a plurality of
`
`communication protocols that facilitated communication between Samsung's server and the
`
`device. For example, the memory of the '501 Infringing Devices stored protocols for LTE and
`
`Wi-Fi (at least IEEE 802.11ac), each of which facilitated communication between Samsung's
`
`server and the device.
`
`49.
`
`Samsung's server served as a primary repository or exchange to deliver various
`
`functions to the '501 Infringing Devices. For example, Samsung's server delivered various
`
`functions to the devices by updating the operating system and other software on the devices. On
`
`information and belief, such updates included Android 6 (collectively, the "'501 Infringing
`
`Android Updates").
`
`50.
`
`Samsung's server enabled dynamic conversion of the '501 Infringing Devices from
`
`a first function to a second function to provide a plurality of functions at the wireless device. For
`
`example, Android updates provided to the '501 Infringing Devices by Samsung's server enabled
`
`the devices to dynamically convert from communicating via LTE to communicating via Wi-Fi,
`
`and vice-versa, to enable a plurality of functions at the wireless device, at least in connection with
`
`use of Wi-Fi Calling and/or Smart Network Switching, Adaptive Wi-Fi, and/or Intelligent Wi-Fi.
`
`51.
`
`Samsung induced infringement of the '501 Patent by prompting and encouraging
`
`users of the '501 Infringing Devices to use the claimed system to download from a Samsung server
`
`and install various functions for the device, including in the form of or as provided by '501
`
`Infringing Android Updates.
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`52.
`
`On information and belief, users of the '501 Infringing Devices directly infringed
`
`the '501 Patent at least by using a system comprising a '501 Infringing Device and a Samsung
`
`server by using the system at least to receive or install '501 Infringing Android Updates from
`
`Samsung's server.
`
`53.
`
`On information and belief, based on at least the facts alleged above, Samsung knew
`
`of the '501 Patent since at least in or around October 2015.
`
`54.
`
`On information and belief, Samsung intended that users of '501 Infringing Devices
`
`use the claimed system comprising a '501 Infringing Device and a Samsung server at least to
`
`receive Android updates from Samsung's server for the '501 Infringing Devices. On information
`
`and belief, Samsung knew that, or acted with willful blindness to the likelihood that, users' using
`
`such systems comprising '501 Infringing Devices constituted infringement of the '501 Patent.
`
`55.
`
`Samsung contributed to the infringement of the '501 Patent by offering to sell and
`
`selling within the United States, and/or importing into the United States, '501 Infringing Devices,
`
`each including the infringing structure and functionality identified above and each a component of
`
`the patented system of claim 1 of the '501 Patent that constituted a material part of the invention.
`
`On information and belief, Samsung knew that, or acted with willful blindness to the likelihood
`
`that, the '501 Infringing Devices were especially made or especially adapted for use in an
`
`infringement of the '501 Patent, and not a staple article or commodity of commerce suitable for
`
`substantial noninfringing use.
`
`56.
`
`In addition, Samsung contributed to infringement of at least claim 1 of the '501
`
`Patent by, among other things, offering and providing one or more of the '501 Infringing Android
`
`Updates to users of the '501 Infringing Devices. The '501 Infringing Android Updates included
`
`code for providing the infringing functionalities referenced above, which constituted a material
`
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`part of the invention claimed in the '501 Patent. On information and belief, Samsung knew that, or
`
`acted with willful blindness to the likelihood that, code for providing the infringing functionalities
`
`referenced above was especially made or adapted for use in an infringement of the '501 Patent and
`
`was not a staple article or commodity of commerce suitable for substantial noninfringing use.
`
`COUNT II: INFRINGEMENT OF THE '936 PATENT
`
`Smart Mobile incorporates paragraphs 1 through 56 herein by reference.
`
`Samsung indirectly infringed at least claim 1 of the '936 Patent, including by
`
`57.
`
`58.
`
`(i) inducing users of Samsung devices to use, within the United States, claimed systems
`
`comprising a Samsung server and a Galaxy J1 (2015), Galaxy J3 Sky, Galaxy J3V, Galaxy Note
`
`4, Galaxy Note5, Galaxy Note Edge, Galaxy S3, Galaxy S4, Galaxy S4 Mini, Galaxy S5, Galaxy
`
`S5 Active, Galaxy S5 Mini, Galaxy S5 Sport, Galaxy S6, Galaxy S6 Active, Galaxy S6 Edge,
`
`Galaxy S6 Edge+, Galaxy S7, Galaxy S7 Active, Galaxy S7 Edge, Galaxy Tab A 8.0, Galaxy Tab
`
`A 10.1, Galaxy Tab S 8.4, Galaxy Tab S 10.5, Galaxy Tab S2 8, Galaxy Tab S2 9.7, Galaxy Amp
`
`2, Galaxy Amp Prime, Galaxy Core Prime, Galaxy E5, Galaxy Express 3, Galaxy Express Prime,
`
`Galaxy Grand Prime, Galaxy On5, or Galaxy Stardust device (all such devices referenced in this
`
`paragraph, collectively, "the '936 Infringing Devices"), and (ii) contributing to infringement of the
`
`'936 Patent.
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`59.
`
`As one non-limiting example of the claims of the '936 Patent infringed by systems
`
`comprising the '936 Infringing Devices, claim 1 of the '936 Patent recites:
`
`
`
`60.
`
`The '936 Infringing Devices were wireless devices which supported voice and data
`
`communications.
`
`61.
`
`On information and belief, Samsung owned and/or used, or directed and controlled
`
`the use of, a server, including for Samsung's "Galaxy Store" and for providing operating system
`
`updates.
`
`62.
`
`The '936 Infringing Devices each had a memory and a processor that were
`
`communicatively coupled with one another.
`
`63.
`
`The memory of the '936 Infringing Devices stored functional instructions including
`
`instructions for use in providing a plurality of functions to the device, at least one of the functional
`
`instructions provided for switching between one or more networks including at least one public
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`network. For example, functional instructions stored within the '936 Infringing Devices enabled
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`the devices to switch between a public cellular network and a Wi-Fi network at least in connection
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`with use of Wi-Fi Calling and/or Smart Network Switching, Adaptive Wi-Fi, and/or Intelligent
`
`Wi-Fi.
`
`64.
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`The memory of the '936 Infringing Devices further stored a plurality of
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`communication protocols that facilitated communication between a Samsung server and the
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`device. For example, the memory of the '936 Infringing Devices stored protocols for LTE and
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`Wi-Fi (at least IEEE 802.11ac), each of which facilitated communication between a Samsung
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`server and the device.
`
`65.
`
`Samsung's server was configured to send to '936 Infringing Devices a plurality of
`
`functions. For example, Samsung's server was configured to send, upon a request to Samsung’s
`
`Galaxy Store, software for various application functions on the devices. As another example,
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`Samsung's server sent operating system updates for operating system functions on the devices,
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`which updates included Android 6 (collectively, the "'936 Infringing Android Updates").
`
`66.
`
`The '936 Infringing Devices were dynamically configurable from a first function to
`
`a second function to enable a plurality of functions at the devices. For example, the '936 Infringing
`
`Devices were dynamically configurable from communicating via LTE to communicating via
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`Wi-Fi, and vice-versa, to enable a plurality of functions at the wireless device, at least in
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`connection with use of Wi-Fi Calling and/or Smart Network Switching, Adaptive Wi-Fi, and/or
`
`Intelligent Wi-Fi.
`
`67.
`
`The '936 Infringing Devices were configured for Internet access. For example, the
`
`devices communicated with a Samsung server by accessing the Internet and using Internet
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`Protocol.
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`68.
`
`Samsung induced infringement of the '936 Patent by prompting and encouraging
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`users of the '936 Infringing Devices to use the claimed system to receive from a Samsung server
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`and install various functions for the device, including in the form of applications from the Samsung
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`Galaxy Store and in the form of, or as provided by, '936 Infringing Android Updates.
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`69.
`
`On information and belief, users of the '936 Infringing Devices directly infringed
`
`the '936 Patent at least by using a system comprising a '936 Infringing Device and a Samsung
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`server by using the system at least to download to the user's '936 Infringing Device applications
`
`from the Samsung Galaxy Store and '936 Infringing Android Updates from Samsung's server.
`
`70.
`
`On information and belief, based on at least the facts alleged above, Samsung knew
`
`of the '936 Patent since at least in or around October 2015.
`
`71.
`
`On information and belief, Samsung intended that users of '936 Infringing Devices
`
`use the claim system as described above. On information and belief, Samsung knew that, or acted
`
`with willful blindness to the likelihood that, users' using such systems comprising '936 Infringing
`
`Devices constituted infringement of the '936 Patent.
`
`72.
`
`Samsung contributed to the infringement of the '936 Patent by offering to sell and
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`selling within the United States, and/or importing into the United States, '936 Infringing Devices,
`
`each including the infringing structure and functionality identified above and each a component of
`
`the patented system of claim 1 of the '936 Patent that constituted a material part of the invention.
`
`On information and belief, Samsung knew that, or acted with willful blindness to the likelihood
`
`that, the '936 Infringing Devices were especially made or especially adapted for use in an
`
`infringement of the '936 Patent, and not a staple article or commodity of commerce suitable for
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`substantial noninfringing use.
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`73.
`
`In addition, Samsung contributed to infringement of at least claim 1 of the '936
`
`Patent by, among other things, offering and providing one or more of the '936 Infringing Android
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`Updates to users of the '936 Infringing Devices. The '936 Infringing Android Updates included
`
`code for providing the infringing functionalities referenced above, which constituted a material
`
`part of the invention claimed in the '936 Patent. On information and belief, Samsung knew that, or
`
`acted with willful blindness to the likelihood that, code for providing the infringing functionalities
`
`referenced above was especially made or adapted for use in an infringement of the '936 Patent and
`
`was not a staple article or commodity of commerce suitable for substantial noninfringing use.
`
`COUNT III: INFRINGEMENT OF THE '937 PATENT
`
`Smart Mobile incorporates paragraphs 1 through 73 herein by reference.
`
`Samsung indirectly infringed at least claim 1 of the '937 Patent, including by
`
`74.
`
`75.
`
`(i) inducing users of Samsung devices to use, within the United States, claimed systems
`
`comprising a Samsung server and a Samsung device having the "S Voice" virtual mobile personal
`
`assistant application, including at least the Galaxy Note 4, Galaxy Note 5, Galaxy Note Edge,
`
`Galaxy S3, Galaxy S4, Galaxy S4 Mini, Galaxy S5, Galaxy S5 Active, Galaxy S5 Sport, Galaxy
`
`S6, Galaxy S6 Edge, Galaxy S6 Edge+, Galaxy S7, Galaxy S7 Active, Galaxy S7 Edge, Galaxy
`
`Tab S 8.4, and Galaxy Tab S 10.5 devices (all such devices referenced in this paragraph,
`
`collectively, "the '937 Infringing Devices"), and (ii) contributing to infringement of the '937 Patent.
`
`76.
`
`As one non-limiting example of the claims of the '937 Patent infringed by systems
`
`comprising the '937 Infringing Devices, claim 1 of the '937 Patent recites:
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`77.
`
`The '937 Infringing Devices were mobile devices which supported voice and data
`
`communications.
`
`78.
`
`On information and belief, Samsung owned and/or used, or directed and controlled
`
`the use of, a server, including to support S Voice.
`
`79.
`
`The '937 Infringing Devices each had a memory and a processor that were
`
`communicatively coupled with one another.
`
`80.
`
`The memory of the '937 Infringing Devices stored functional instructions including
`
`instructions for use in providing a plurality of functions to the devices, at least one of the functional
`
`instructions adapted for switching between one or more networks including at least one public
`
`network. For example, functional instructions stored within the '937 Infringing Devices enabled
`
`the devices to switch between a public cellular network and a Wi-Fi network at least in connection
`
`with use of Wi-Fi Calling and/or Smart Network Switching, Adaptive Wi-Fi, and/or Intelligent
`
`Wi-Fi.
`
`
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`81.
`
`The memory of the '937 Infringing Devices stored prioritization data related to
`
`connecting to a plurality of wireless networks. For example, the '937 Infringing Devices were
`
`configured to prioritize connecting to Wi-Fi networks over cellular networks, switching to the
`
`latter only if the Wi-Fi connection de